Airspace analysis is for safety
When planning to build or modify a structure in Oregon, one of the considerations must be the impact of the structure on the local and national airspace system. Protecting the airspace is vitally important to Oregon’s public use airports, navigational aids, and instrument approach flight procedures.
A variety of federal, state and local regulations exist to protect our airspace system. A primary concern of aviation is protecting airspace around airports for the safety of pilots as well as people on the ground.
Through Oregon
ORS 836.535 and
OAR 738-070, Physical Hazards to Air Navigation, the Oregon Department of Aviation (ODAV) has the responsibility of determining whether specific objects or structures constitute a hazard to air navigation. These structures may include, but are not limited to:
Permanent structures such as:
- Power poles
- Telecommunications towers
- Buildings
- Signs or billboards
- Fences or gates
- Wind turbines
Temporary structures such as:
- Construction materials or equipment
- Dirt piles
- Cranes
And, since vegetation grows and spreads, trees and other vegetation may be subject to the same airspace analysis.
Please review the FAQs below to learn if your project or development will require coordination with ODAV and/or the FAA.
Frequently Asked Questions
In accordance with OAR 738-070-0060, notice of construction to ODAV is required for any construction or alteration described in OAR 738-070-0070. Obstructions are defined in 14 Code of Federal Regulations (CFR) Part 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 CFR Part 77, Subpart B, Section 77.9.
Any proposed construction or alteration that exceeds these thresholds require review by the FAA and ODAV prior to beginning construction. These thresholds are summarized below:
- Any proposed construction or alteration more than 200 feet above ground level (AGL).
- 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 3,200 feet in length and exceeding a 100:1 notice slope.
- Any proposed construction or alteration within 10,000 feet of a public-use or military airport having no runway more than 3,200 feet in length and exceeding a 50:1 notice slope.
- Any proposed construction or alteration within 5,000 feet of any public-use heliport and exceeding a 25:1 notice slope.
To see if your project will require notice of construction to the FAA and ODAV, use the FAA’s Notice Criteria Tool:
https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm
In accordance with 14 CFR Part 77 and OAR 738-070-0080(2), you must provide notice of construction at least 45 days for the FAA and 30 days for ODAV prior to beginning 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 at least 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—noting the validity period outlined below.
The 45-day advance notice requirement is waived if immediate construction or alteration is required because of an emergency involving essential public services, public health, or public safety. You may provide notice to the FAA by any available, expeditious means. You must file a completed FAA Form 7460–1 within 5 days of the initial notice to the FAA. Outside normal business hours, the nearest flight service station will accept emergency notices.
Traditionally, providing notice of construction was accomplished through the proponent/applicant submitting FAA Form 7460-1 (Notice of Proposed Construction or Alteration) to both FAA and ODAV. Today, both agencies use online portals for most submittals.
Please notify the FAA by visiting the following link below:
Please notify ODAV by visiting the following link, and selecting Aeronautical Study:
If you are submitting notice of construction for ten or more structures at one time, please use the contact information shown below to speak with ODAV staff about the bulk notice of construction process.
The essential information required for this submittal 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 the ODAV staff shown below.
Pursuant to OAR 738-070-0160(3)(c), ODAV charges a fee of $100 for each notice of construction. The FAA does not charge a fee to file notice.
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 exceeds 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.
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).
Generally, the determination letters issued by the FAA and ODAV will be issued when the aeronautical study concludes that the proposed construction or alteration 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.
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 filing. 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.
Unless extended, revised or terminated determination letters issued by the FAA and ODAV are valid for 18 months, or until the date the proposed construction or alteration is abandoned, whichever is earlier.
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, residents, and interested parties. 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 the staff shown below.
Notice of Construction to ODAV
Resources
Obstruction Evaluation / Airport Airspace Analysis (OE/AAA)
14 CFR Part 77 -- Safe, Efficient Use, and Preservation of the Navigable Airspace
Contact