NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
§ 77.7 Form and time of notice.
(a) If you are required to file notice under §77.9,
you must submit to the FAA a completed FAA
Form 7460–1, Notice of Proposed Construction
or Alteration. FAA Form 7460–1 is available at
FAA regional offices and on the Internet.
(b) You must submit this form 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.
(c) If you propose construction or alteration that is
also subject to the licensing requirements of the
Federal Communications Commission (FCC),
you must submit notice to the FAA on or before
the date that the application is filed with the FCC.
(d) If you propose construction or alteration to an
existing structure that exceeds 2,000 ft. in height
above ground level (AGL), the FAA presumes it
to be a hazard to air navigation that results in an
inefficient use of airspace. You must include
details explaining both why the proposal would
not constitute a hazard to air navigation and why
it would not cause an inefficient use of airspace.
(e) 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.
§ 77.9 Construction or alteration requiring
notice.
If requested by the FAA, or if you propose any of
the following types of construction or alteration,
you must file notice with the FAA of:
(a) Any construction or alteration that is more
than 200 ft. AGL at its site.
(b) Any construction or alteration that exceeds an
imaginary surface extending outward and upward
at any of the following slopes:
(1) 100 to 1 for a horizontal distance of
20,000 ft. from the nearest point of the nearest
runway of each airport described in paragraph (d)
of this section with its longest runway more than
3,200 ft. in actual length, excluding heliports.
(2) 50 to 1 for a horizontal distance of
10,000 ft. from the nearest point of the nearest
runway of each airport described in paragraph (d)
of this section with its longest runway no more
than 3,200 ft. in actual length, excluding heliports.
(3) 25 to 1 for a horizontal distance of
5,000 ft. from the nearest point of the nearest
landing and takeoff area of each heliport
described in paragraph (d) of this section.
(c) Any highway, railroad, or other traverse way
for mobile objects, of a height which, if adjusted
upward 17 feet for an Interstate Highway that is
part of the National System of Military and
Interstate Highways where overcrossings are
designed for a minimum of 17 feet vertical
distance, 15 feet for any other public roadway, 10
feet or the height of the highest mobile object that
would normally traverse the road, whichever is
greater, for a private road, 23 feet for a railroad,
and for a waterway or any other traverse way not
previously mentioned, an amount equal to the
height of the highest mobile object that would
normally traverse it, would exceed a standard of
paragraph (a) or (b) of this section.
(d) Any construction or alteration on any of the
following airports and heliports:
(1) A public use airport listed in the
Airport/Facility Directory, Alaska Supplement, or
Pacific Chart Supplement of the U.S.
Government Flight Information Publications;
(2) A military airport under construction,
or an airport under construction that will be
available for public use;
(3) An airport operated by a Federal
agency or the DOD.
(4) An airport or heliport with at least
one FAA-approved instrument approach
procedure.
(e) You do not need to file notice for construction
or alteration of:
(1) Any object that will be shielded by
existing structures of a permanent and
substantial nature or by natural terrain or
topographic features of equal or greater height,
and will be located in the congested area of a
city, town, or settlement where the shielded
structure will not adversely affect safety in air
navigation;
(2) Any air navigation facility, airport
visual approach or landing aid, aircraft arresting
device, or meteorological device meeting FAA-
approved siting criteria or an appropriate military
service siting criteria on military airports, the
location and height of which are fixed by its
functional purpose;
(3) Any construction or alteration for
which notice is required by any other FAA
regulation.
(4) Any antenna structure of 20 feet or less in
height, except one that would increase the height
of another antenna structure.
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Fax: (817) 321-7765
Phone: (817) 321-7750
Website: https://oeaaa.faa.gov