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Protection of navigable airspace from obstructions that can be hazards to aircraft flight requires establishment of limits on the height of structures, trees, and other objects. Navigable airspace is defined by the FAA pursuant to Title 14 of the Code of Federal Regulations Part 77, Imaginary Surfaces, referred to herein as Federal Aviation Regulations (FAR) Part 77 Surfaces. FAR Part 77 surfaces are those air spaces above and around airports that require protection from potential obstructions that might interfere with airport traffic and potentially create a safety risk to aircraft occupants and citizens on the ground.

An object or structure with an elevation higher than the FAR Part 77 Surface elevation is considered to penetrate the FAR Part 77 Surface and constitute an obstruction to navigable airspace. The vertical elevations of the FAR Part 77 Surfaces are determined above the runway elevation and are based on the approach classification of the runway (Map 33.08.020 (1b)). Based on existing topography and the FAR Part 77 Surfaces elevations, height hazard areas are identified where structures and other obstructions have a high likelihood of penetrating a FAR Part 77 Surface. The boundary and elevation of the FAR Part 77 Surfaces relative to the ground topography and the height hazard area is designated and shown on Map 33.08.020 (1b).

(1) No structure, landscaping, or other object shall be permitted, approved, or authorized to have a height exceeding the FAR Part 77 Surfaces shown on Map 33.08.020 (1b).

(2) The airport owner or manager will be notified and provided an opportunity for comment pursuant to CCC 33.08.070 for proposals for new structures within the height hazard areas depicted on Map 33.08.020 (1b) equal to or less than 36 feet. Proposals for new structures greater than 36 feet within the boundaries of the height hazard area and structures greater than 75 feet within the boundaries of FAR Part 77 Surfaces are not permitted unless applicant for proposal submits documentation of one of the following:

(a) The FAA has conducted an aeronautical study of the proposed object, as per FAA Form 7460-1 “Notice of Proposed Construction or Alteration” as amended and determined that the object would not create a hazard to the navigable airspace of the airport; and/or

(b) The FAA has made an official determination via FAA Form 7460-1 “Notice of Proposed Construction or Alteration” as amended on terrain, trees, or other objects of equal or greater height situated within a 100-foot radius of the proposed object and determined that the object would not create a hazard to the navigable airspace of the airport or impede the operations of the airport.

(3) Nothing in this chapter shall diminish the responsibility of project proponents to submit a FAA Form 7460-1 “Notice of Proposed Construction or Alteration” as amended to the FAA if required in accordance with Title 14 of the Code of Federal Regulations Part 77, “Objects Affecting Navigable Airspace.”