Section 47.90  Notice of Construction or Alteration

a)         Construction or Alteration Requiring Notice – The Department shall be notified by each person (sponsor) who proposes any of the following construction or alterations with respect to the surfaces and height limitations established herein by Section 47.30 with respect to Greater Rockford Airport:

1)         Any construction or alteration of more than 200 feet in height above the ground level at its site.

2)         Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes:

A)        100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the airport, with at least one runway more than 3200 feet in actual length.

B)        50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of the airport, with the longest runway not more than 3200 feet in actual length.

3)         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 highest mobile object that would normally traverse it, would exceed a standard of subsection (1) or (2) of this Section.

4)         Any construction or alteration that would exceed a standard of the Act or this Part.

b)         Construction or Alteration Not Requiring Notice – No person is required to notify the Department for any of the following construction or alterations with respect to Greater Rockford Airport:

1)         Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.

2)         Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device less than 50 feet in height.

3)         Any object that would be shielded by permanent and substantial existing structures of equal or greater height or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not obstruct or interfere with aircraft using the airport, or cause any additional adverse effect on airport operations by considering the height and location of the existing uses and structures.

c)         Form and Time of Notice

1)         Each person who is required to notify the Department under subsection (a) of this Section shall forward one (1) executed form set (in four copies) of the Department's Form No. DA-39 (for an example, see Exhibit A) to the Division of Aeronautics, One Langhorne Bond Drive/Capital Airport, Springfield, Illinois 62706.  Copies of this form may be obtained from the Department.

2)         Such notice must be submitted at least 30 days before the date the proposed construction or alteration is to begin.

3)         In the case of an emergency involving essential public services, public health, or public safety, that required immediate construction or alteration, the 30-day requirement in subsection (c)(2) above does not apply and the notice may be sent by telephone, telegraph, or other expeditious means, with an executed Department Form No. DA-39 submitted within five (5) days thereafter.  For example an emergency could include breaks in sewer lines, gas mains or power lines.

d)         Acknowledgement of Notice

1)         The Department will acknowledge in writing the receipt of such notice submitted under subsection (a) above within 30 days of receipt of such notice.

2)         The acknowledgment will state that a study of the proposed construction or alteration has resulted in a determination that the construction or alteration:

A)        Would under federal rules require lighting or marking standards as prescribed in Advisory Circular, Department of Transportation, Federal Aviation Administration (FAA), Subject:  Obstruction, Marking and Lighting, AC No:   70/7460-1F, September 27, 1978, as provided in 14 CFR 77.11 (b)(3), January 1, 1983, not including any later amendment or editions, and information on how the structure should be marked and lighted in accordance with such FAA standards; and/or

B)        Would not exceed any standard of the Act or this Part; or

C)        Would exceed a standard of the Act, Aviation Safety Rules (92 Ill. Adm. Code 14), or this Part; or

D)        Would require supplemental information from the sponsor in order for a determination to be made by the Department.