Oklahoma § 3-102.1 - Permit for erection, alteration or modification of
Full text of Oklahoma Oklahoma Statutes § 3-102.1 — Permit for erection, alteration or modification of, with citation guidance and answers to common questions.
§ 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.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 3-102.1
What does Oklahoma Statutes § 3-102.1 cover?
Section 3-102.1 ("Permit for erection, alteration or modification of") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 3-102.1?
A common citation format is "Oklahoma Statutes § 3-102.1" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 3-102.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.