2006 Ohio Revised Code - 4561.36. Waiver of obstruction standards; restrictions to be based on safety considerations.

§ 4561.36. Waiver of obstruction standards; restrictions to be based on safety considerations.
 

(A)  The department of transportation shall not issue any permit under sections 4561.30 to 4561.39 of the Revised Code that will result in the creation of an obstruction to air navigation based upon the rules adopted under section 4561.32 of the Revised Code, unless the department waives compliance with the obstruction standards included in those rules. 

(B)  Sections 4561.30 to 4561.39 of the Revised Code do not authorize the department to restrict the height or location of structures or objects of natural growth under those sections for any reason other than to ensure the safety of aircraft in landing and taking off at an airport, the safety of persons occupying or using the area, and the security of property. 
 

HISTORY: 144 v H 15. Eff 10-15-91.

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