HB-4727, As Passed Senate, February 23, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4727

     A bill to amend 1959 PA 259, entitled

"Tall structure act,"

by amending sections 1, 2a, 2d, 6, and 7 (MCL 259.481, 259.482a,

259.482d, 259.486, and 259.487), sections 1, 6, and 7 as amended

and sections 2a and 2d as added by 1986 PA 296, and by adding

section 2f.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "Airport" means a structure or an area of land or water

that is designed and set aside for the landing and taking off of

aircraft, is utilized or to be utilized by and in the interest of

the public for the landing and taking off of aircraft, and is

licensed by the commission.

     (b) "Anemometer" means an instrument for measuring and

recording the speed of wind.

(c) (b) "Approach surface" means an imaginary plane

longitudinally centered on a runway's centerline extended, and

extending outward and upward from each end of that runway's primary

surface, which plane has the specifications described in section

2c.

(d) (c) "Commission" means the Michigan aeronautics

commission.

(e) (d) "Conical surface" means an imaginary plane extending

outward and upward from the perimeter of a runway's horizontal

surface at 1 of the following slopes, as applicable:

     (i) If the airport at which the runway is located has a

published instrument approach procedure, at a slope of 50 to 1.

     (ii) If subparagraph (i) does not apply, at a slope of 20 to

1.

(f) (e) "FAA" means the federal aviation administration

Federal Aviation Administration or a successor agency to the

federal aviation administration.Federal Aviation Administration.

(g) (f) "Heliport approach surface" means an imaginary plane

projecting outward and upward from the perimeter of a heliport

primary surface at a slope of 8 to 1.

(h) (g) "Heliport primary surface" means an imaginary plane

that is at the elevation established for a heliport coinciding in

size and shape with the designated takeoff and landing area of that

heliport.

(i) (h) "Horizonal "Horizontal surface" means an imaginary

horizontal plane 150 feet above the elevation established for an

airport, the perimeter of which plane is constructed as described

in section 2e.

     (j) "Meteorological tower" means a structure, including all

guy wires and accessory facilities, on which an anemometer is

mounted for the purposes of documenting wind resources for the

operation of a wind turbine generator.

(k) (i) "Minimum obstruction clearance altitude" means the

lowest FAA published altitude that assures acceptable navigational

signal coverage and that is in effect between radio fixes on a low

altitude airway, on an off-airway route, or, provided if the

altitude meets obstacle clearance requirements for the entire route

segment, on a route segment.

(l) (j) "Nonprecision approach procedure" means a standard

straight-in instrument approach in which an electronic glide slope

is not provided.

(m) (k) "Permit" means a permit issued by the commission under

this act.

(n) (l) "Person" means an individual, firm, partnership,

corporation, association, or body politic. Person includes a

trustee, receiver, assignee, or other similar representative of a

person.

(o) (m) "Precision approach procedure" means a standard

instrument approach in which an electronic glide slope is provided.

(p) (n) "Primary surface" means an imaginary plane

longitudinally centered on a runway, which plane has the

specifications described in section 2b.

(q) (o) "Runway" means the portion of an airport designated as

the either of the following:

     (i) An area used for the landing or takeoff of aircraft.

     (ii) An area proposed, and approved by the commission, to be

used for the landing or takeoff of aircraft.

(r) (p) "Structure" means an object constructed or installed,

including, but not limited to, a building, tower, antenna,

smokestack, or overhead transmission line.

(s) (q) "Transitional surface" means an imaginary plane

perpendicular to a runway centerline and to that centerline

extended through the runway's primary surface and approach surface,

which plane extends outward and upward from each side of the

runway's primary surface and approach surface at a slope of 7 to 1

for the distances described in section 2d.

(t) (r) "Utility runway" means a runway that is constructed

for and intended to be used by propeller-driven aircraft with a

maximum gross weight of 12,500 pounds or less.

(u) (s) "Visual approach procedure" means an approach in which

an aircraft on an instrument flight rules flight plan, operating in

visual flight rules conditions under the control of an air traffic

control authorization, may proceed to the airport of destination in

visual flight rules conditions.

     Sec. 2a. (1) The commission shall not issue a permit allowing

construction, replacement, or an increase in height of a structure

that violates the requirements of an applicable zoning ordinance

adopted by a political subdivision under the airport zoning act,

1950 (Ex Sess) PA 23, MCL 259.431 to 259.465, unless the applicant

has obtained the approval of a variance from the ordinance and an

airspace study has been conducted by the commission resulting in a

finding of noninterference to air navigation.

     (2) Unless an airspace study has been made by the commission

resulting in a finding of noninterference to air navigation, the

commission shall not issue a permit allowing construction of any of

the following structures, or replacement of or an increase in the

height of a structure that creates any of the following structures:

     (a) A structure that is over 500 feet above ground elevation

at the structure's site and that is within 2 miles of a well-

defined natural landmark such as a shoreline or river; a manmade

landmark such as a railroad, canal, or road; or a low altitude

airway.

     (b) A structure of a height that would increase the minimum

obstruction clearance altitude, the minimum safe altitude

prescribed by the FAA, or the minimum altitude required for a safe

instrument approach.

     (c) A structure that would encroach into a runway's primary

surface.

     (d) A structure of a height that would penetrate a runway's

approach surface.

     (e) A structure of a height that would penetrate a runway's

transitional surface.

     (f) A structure of a height that would penetrate a runway's

horizontal surface.

     (g) A structure of a height that would penetrate a runway's

conical surface.

     (h) A structure that would encroach into a heliport primary

surface.

     (i) A structure of a height that would penetrate a heliport

approach surface.

     (j) A structure that violates a zoning ordinance adopted by a

political subdivision under the airport zoning act, Act No. 23 of

the Public Acts of the Extra Session of 1950, being sections

259.431 to 259.465 of the Michigan Compiled Laws, except to the

extent permitted by the zoning ordinance.

     Sec. 2d. (1) Except as provided in subsection (2), a runway's

transitional surface extends to the intersection of the

transitional surface with the conical horizontal surface.

     (2) For a runway that has a precision instrument approach, the

transitional surface beginning at the side of a runway's approach

surface extends for 5,000 feet measured horizontally from the side

of the approach surface.

     Sec. 2f. (1) A meteorological tower that is 50 feet in height

above the ground or higher and the appearance of which is not

otherwise regulated by state or federal law must comply with all of

the following:

     (a) The tower must be painted in equal, alternating bands of

orange and white, beginning with orange at the top of the tower and

ending with orange at the bottom of the tower.

     (b) The tower must have 1 or more 7-foot safety sleeves placed

at each anchor point that extend from the anchor point along each

guy wire attached to the anchor point.

     (c) The tower must have at least 1 orange marker ball attached

to each guy wire at the highest point that does not affect the

stability of the tower and the measurement of wind speed.

     (2) The commission may establish, maintain, and publish a

database that contains locations of all existing meteorological

towers.

     (3) Within 60 days after the effective date of this section,

an owner of any existing meteorological tower erected in this state

shall provide the commission with all of the following:

     (a) The global positioning system coordinates of the center of

the meteorological tower.

     (b) The elevation of the site, in feet.

     (c) The structure's height above ground level, in feet.

     (d) The owner's or lessee's name, address, telephone number,

and electronic mail address, if any.

     (e) The name of any owner's representative.

     (4) Within 1 year after the effective date of this section, an

owner of an existing meteorological tower erected in this state

shall mark the tower as required by subsection (1).

     (5) Ten days or more before the erection of a new

meteorological tower, an owner of the tower shall provide to the

commission the information required under subsection (3) and

certification by the owner that the tower has been marked in

accordance with this section.

     (6) Within 10 days after the removal of a meteorological

tower, an owner of the tower shall notify the commission of the

removal.

     Sec. 6. (1) A permit shall must specify the obstruction

markers, markings, lighting, or other visual or aural

identification required to be installed on or in the vicinity of

the structure, if any. The identification characteristics required

shall must conform to federal laws and regulations. Notwithstanding

any federal guidelines, and on consideration of the relevant facts,

a permit may require lighting to be operational during daylight

hours.

     (2) Unless waived by the commission due to because of federal

permit requirements or other valid reasons, the obstruction lights

for a structure more than 800 feet above the ground elevation at

the structure's site shall must be high intensity white obstruction

lights and must be operational during daylight hours, in addition

to any nighttime lighting requirement.

     (3) If ordered by the commission, the owner of a nonconforming

structure that is permanently out of service or partially

dismantled, destroyed, deteriorated, or decayed shall demolish or

remove that the structure.

     (4) Failure to maintain obstruction lights in an operable

condition is a violation of this act.

     Sec. 7. (1) Upon On receiving an application for a permit, the

commission shall investigate as necessary to process the

application properly under this act. In an investigation under this

section, the commission shall consider the safety and welfare of

persons and property in the air and on the ground and that

consideration shall must be paramount to a consideration of

economic and technical factors.

     (2) If, upon the on investigation, the commission determines

that a permit should not be issued or that the height or location

should be other than as applied for, the commission shall notify

the applicant in writing of the commission's determination. The

notification may be served by delivering it personally to the

applicant or by sending it by first-class mail to the applicant at

the address specified in the application. The determination is

final 20 30 days after notification of the determination is served,

unless the applicant, within the 20-day 30-day period, requests in

writing that a hearing be held before the commission with reference

to the application. A The commission shall make a hearing under

this section shall be open to the public. Any person interested may

appear and be heard either in person or by counsel and may present

pertinent evidence and testimony.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.