Summary of the Report of

The Interim Subcommittee to Study Issues Related to the Proximity

of Tall Structures to the Airspace Around Missouri's Public Airport

Representative Don Koller, Chair

January 2001

The aviation community expressed, to the subcommittee, a great concern at the proliferation of tall structures around airports. Airports are endangered by constant encroachment of the approach and departure slopes by towers or other vertical obstructions which are impediments to airport safety clearances. The proliferation of tall structures around airports not only is unsafe but may make airports become less useable which in turn may have a negative economic impact on the community and region the airport serves.

Obstructions can be caused by terrain, buildings, towers, and trees or any object that penetrates what can be defined as navigable airspace. Penetration to navigable airspace may cause unsafe conditions at an airport and may have to be removed, lowered or reconstructed. In many cases, this cannot be accomplished without local and state intervention.

Approximately 25 states have adopted obstruction legislation where a portion of such states legislation is through new zoning laws or legislation allowing cities or counties to adopt such laws. This active role by various states was taken to protect their airports because the federal government, through the Federal Aviation Administration(FAA) is limited on its ability to take action. The FAA strongly encourages states to take an active roll and set state obstruction standards or regulations.

The telecommunication industry, just one industry involved, indicated their industry is changing rapidly due to increased customer demands for new services and almost constant advances in technology. To accommodate this new technology each provider designs its own network to establish the ideal service area for the consumer. Therefore, because of the increased customer demand, technological advances, and the unique characteristics of wireless technology a new structure site might have to be constructed which may be adjacent to an airport.

In cases where a tower is located adjacent to an airport, the FAA reviews the proposed site and determines whether the location poses a hazard to air traffic. The industry states that a "no hazard" determination by the agency is absolutely essential to the construction structure site. Without a no hazard determination, the Federal Communication Commission, the agency that directly regulates wireless providers, will not approve the structure. Although the FAA does not directly prohibit construction, it can quickly bring the process to a halt if it issues a hazard determination.

Robert Triplett, Legislative Analyst