Frequently Asked Questions
Obstruction Notification and Applicant Responsibility
Information and Reference Guide
The purpose of this document is to provide guidance for notifying the Federal Aviation Administration (FAA) and Oregon Department of Aviation (ODAV) of potential obstructions to air navigation. The goal of this document is to explain why notification is necessary and important. Common obstructions to air navigation are cranes, buildings, power poles and antenna towers. The following sections explain when and how to notify the FAA and ODAV, what to do after you receive your determination letters from the FAA and ODAV, and answers to common questions regarding the notification process.
When should I notify the FAA and ODAV?
In accordance with OAR 738-070-0060, notification to the ODAV is required for any construction or alteration described in OAR 738-070-0070. Obstructions are also defined in 14 Code of Federal Regulations 77, Subpart C (Sections 77.13 through 77.23), which defines obstructions based on the height of a proposed object and height in relation to a protected airspace. Thresholds for notifying the FAA are defined in 14 Code of Federal Regulations Subpart B Section 77.9.
Any proposed construction or alteration that exceeds these thresholds are automatically considered obstructions by the FAA and ODAV. However, even if the proposed construction or alteration does not exceed these thresholds, notification to the FAA and ODAV is required. These thresholds are summarized below:
- Any proposed construction or alteration more than 200 feet above ground level (AGL) at its site.
- Any proposed construction or alteration within 20,000 feet (3.8 miles) of a public-use or military airport having at least one runway more than 3200 feet in length and exceeding a 100:1 slope.
- Any proposed construction or alteration within 10,000 feet of a public-use or military airport having no runway more than 3200 feet in length and exceeding a 50:1 slope.
- Any proposed construction or alteration within 5,000 ft. of any public-use heliport and exceeding a 25:1 slope.
When should I submit my notice?
In accordance with 14 CFR Part 77 and ORS 836.535(1), you must provide notice at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest. However, we recommend that you file notice 60-90 days before planned construction. The aeronautical study process includes evaluations by various lines of business, and any identified impacts must be resolved before a final agency determination is issued.
In addition, the proposal may warrant a 30-day public notice to obtain aeronautical impacts. There is no guarantee that a final agency determination will be issued at the end of 45 days, so the earlier you file, the better. 14 CFR Part 77 does not carry provisions for waivers or exemptions, so there is no way to shorten or bypass this process.
What is a notification and how do I file one?
Notification is provided by the applicant through submittal of a FAA Form 7460-1 Notice of Proposed Construction or Alteration to the FAA and ODAV.
Please notify the FAA by visiting the following link below:
https://oeaaa.faa.gov/oeaaa/external/portal.jsp
Please notify the ODAV by emailing your FAA Form 7460-1 to Brandon.PIKE@odav.oregon.gov.
What do I need to complete a FAA Form 7460-1?
The essential information required for this form is the latitude and longitude coordinates that identify the location of the structure, as well as the structure's height and site elevation. If you have any questions or need assistance, please contact Brandon.PIKE@odav.oregon.gov .
The airport manager and/or air traffic control tower manager said it's OK to put my crane up; do I still have to file an FAA Form 7460-1, Notice of Proposed Construction or Alteration?
Obtaining approval from the airport or air traffic control tower manager does not waive your requirement to submit the notice to the FAA and ODAV if the structure meets the notice criteria of 14 CFR Part 77.
You must receive a Determination of No Hazard to Air Navigation from the FAA, a Letter of Determination from the ODAV, and meet all conditions identified in both determinations prior to raising the crane.
What happens if I don't file the notice for a structure that exceeds 14 CFR Part 77 notice criteria?
Notice required by 14 CFR Part 77 is pursuant to 49 U.S.C., Section 44718. Persons who knowingly and willingly violate the notice requirements of Part 77 are subject to a civil penalty of $1,000 per day until the notice is received, pursuant to 49 U.S.C., Section 46301(a).
What happens next after I receive my Determination of No Hazard to Air Navigation from the FAA and Letter of Determination from the ODAV?
The determination letters issued by the FAA and ODAV will be issued when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard, but will not have a substantial aeronautical impact to air navigation. The determination letters may include conditional provisions, limitations to minimize potential problems, supplemental notice requirements, or requirements for marking and lighting, as appropriate.
I've received my determination letters for my structure. I've learned that the coordinates or height may be different than those noted in my determination. Am I required to file a new 7460-1 with the FAA and ODAV?
A new filing is required with the FAA any time there is an increase in height and/or change to the frequencies or use of greater power and/or coordinates stated on the original determination letter. You are also required to re-file for a lighting study if you intend to use marking/lighting other than what was stated as a condition on your determination letter.
Changes to the described information will void your determination. Prior to the start of construction, you must file for a New Case (Off Airport) so the FAA and ODAV may re-evaluate your proposal and issue a revised determination if there will be an increase in height, change to the frequencies or use of greater power, or change to the coordinates.
How long is my determination valid?
Both determination letters issued by the FAA and ODAV are valid for 18 months. This is the maximum time as specified by 14 CFR Part 77.
The FAA and ODAV are committed to ensuring safe air travel in Oregon while contributing to the local economy by serving as a resource for local businesses. Thank you for your cooperation when notifying the FAA and ODAV of potential obstructions to air navigation. The success of the FAA and ODAV in administering this program depends on your support. If you have any questions regarding the contents of this information and reference guide please contact Brandon.PIKE@odav.oregon.gov.