Oklahoma § 3-102.1 - Permit for erection, alteration or modification of

§ 3-102.1. Permit for erection, alteration or modification of

certain structures.

A. In order to prevent the erection of structures dangerous to

air navigation, subject to the provisions of subsections B, C and D

of this section, each person shall secure from the local airport

zoning authority, or in the absence of a local airport zoning

authority, the Oklahoma Department of Aerospace and Aeronautics, a

permit for the erection, alteration, or modification of any

structure the result of which would exceed the federal obstruction

standards as contained in 14 CFR, Part 77. Permits from the local

airport zoning authority will be required only within an airport

hazard area where federal standards are exceeded and if the proposed

construction is within:

1. A 10-nautical mile radius of the geographical center of a

publicly owned or operated airport, a military airport, or an

airport open for public use which has a published instrument

approach procedure;

2. A 6-nautical mile radius of the geographical center of a

publicly owned or operated airport, a military airport, or an

airport open for public use which has no published instrument

approach procedure and has runways in excess of three thousand two

hundred (3,200) feet in length;

3. A 2.5-nautical mile radius of the geographical center of a

publicly owned or operated airport, a military airport, or an

airport open for public use which has no published instrument

Oklahoma Statutes - Title 3. Aircraft and Airports

approach and has runways three thousand two hundred (3,200) feet or

less in length; or

4. A 1-nautical mile radius of the geographical center of a

publicly owned or operated heliport or vertiport.

B. Affected airports will be considered as having those

facilities which are programmed in the Federal Aviation

Administration’s Regional Aviation System Plan or the Oklahoma

Department of Aerospace and Aeronautics’ Oklahoma Airport System

Plan and will be so protected.

C. Permit requirements of subsection A of this section shall

not apply to projects which received construction permits from the

Federal Communications Commission for structures exceeding federal

obstruction standards prior to May 20, 1975; nor shall it apply to

previously approved structures now existing, or any necessary

replacement or repairs to such existing structures, so long as the

height and location is unchanged.

D. In determining whether to issue or deny a permit, the local

airport zoning authority shall consider:

1. The nature of the terrain and height of existing structures;

2. Public and private interests and investments;

3. The character of flying operations and planned developments

of airports, heliports, and vertiports;

4. Federal airways as designated by the Federal Aviation

Administration that lie within the radii described in paragraphs 1

through 3 of subsection A of this section;

5. Whether the construction of the proposed structure would

cause an increase in the minimum descent altitude or the decision

height at the affected airport;

6. Technological advances;

7. The safety of persons on the ground and in the air; and

8. Land use density.

E. In order to promote the health, safety, and welfare of the

public and to protect persons and property by promoting safety in

aeronautics, the Oklahoma Department of Aerospace and Aeronautics

may review any structure erected, altered, or modified since January

1, 1996, in which no permit was secured from the local airport

zoning authority because of the absence of a local airport

authority. The Oklahoma Department of Aerospace and Aeronautics

shall determine whether such structures meet the requirements set

forth in this section. If the structures do not meet the

requirements as set forth in this section, the Oklahoma Department

of Aerospace and Aeronautics may request the owners of such

structure to make any necessary modifications to protect the health,

safety, and welfare of the public, including, but not limited to,

altering, marking, mapping, or identifying such structure. The

Oklahoma Department of Aerospace and Aeronautics may assist the

Oklahoma Statutes - Title 3. Aircraft and Airports

owner of such structure in any manner deemed feasible by the

Oklahoma Department of Aerospace and Aeronautics.

Added by Laws 1986, c. 20, § 2, eff. Nov. 1, 1986. Amended by Laws

1995, c. 181, § 7, eff. July 1, 1995; Laws 1999, c. 389, § 1, eff.

Nov. 1, 1999; Laws 2001, c. 211, § 1, emerg. eff. May 14, 2001; Laws

2023, c. 126, § 12, eff. Nov. 1, 2023; Laws 2025, c. 237, § 2, eff.

Nov. 1, 2025.