Chapter 479 - Obstruction to Aircraft

§479.1. Purpose


This chapter sets forth instructions to persons who desire to erect, add to or maintain obstructions to aircraft.

§479.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Aircraft – A contrivance, used for manned ascent into or flight through the air. The term does not include an un-powered hang-glider or parachute.
Airport – An area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with airport buildings and facilities thereon. The term includes heliports and public airports.
Approach Area -- the area lying within and above an inclined plane starting at each end of each runway of a public airport, as described by guidelines or regulations adopted by the Federal Aviation Administration.

Bureau -- The Bureau of Aviation of the Department.

Code -- 74 Pa. C.S. §§5101-6169 (relating to the Aviation Code.)

Department – The Department of Transportation of the Commonwealth.

Director -- The Director of the Bureau.

Person -- A corporation, company, association, society, firm, partnership or joint stock company. The terms includes an individual, the Commonwealth and all political subdivisions of the Commonwealth or agencies or instrumentalities.

Public Airport -- An airport which is either publicly or privately owned and which is open to the public.

§479.3. Approach area obstruction.

(a) A person who erects or maintains a smoke stack, flag pole, elevated tank, radio station tower, antenna, building, structure, object or natural growth or other obstruction to the operation of aircraft within an approach area that extends above an inclined plane, shall first obtain approval from the Department.

(b) A person who fails to obtain approval from the Department prior to erecting or maintaining an approach area obstruction commits a summary offense under Section 5701 (a) of the Code.

§479.4 Airport obstructions.

(a) A person who plans to erect a new structure, to add to an existing structure or to erect or maintain an object-natural or manmade-as defined in 14 CFR §77.13(a) (relating to construction or alteration requiring notice) shall first obtain approval from the Department by submitting a written notice (Form AV-57) to the Department at least 30 days prior to commencement thereof.
(b) A person who fails to obtain the approval from the Department prescribed in this section prior to erecting a new structure, adding to an existing structure or erecting or maintaining an object in violation of 14 CFR §77.13(a) commits a summary offense under Section 5701(b) of the Code.