(620 ILCS 30/0.01) (from Ch. 15 1/2, par. 48.100)
Sec. 0.01.
Short title.
This Act may be cited as the
Zoning to Eliminate Airport Hazards Act.
(Source: P.A. 86-1324.)
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(620 ILCS 30/1) (from Ch. 15 1/2, par. 48.101)
Sec. 1.
The safety, health, welfare and protection of persons and property
in the air and on the ground and of the maintenance of electronic
communications within this State require that the navigable airspace
overlying the State and the approaches to and the air traffic pattern area
of any public airport in this State be maintained in a reasonably
unobstructed condition for the safe flight of aircraft. To that end, the
location, height and identification of structures and the use of land
thereto related are regulated.
(Source: Laws 1961, p. 2904.)
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(620 ILCS 30/2) (from Ch. 15 1/2, par. 48.102)
Sec. 2.
As used in this act, unless the context otherwise requires:
"Approved Airport" means any publicly owned or operated area of land
or water, or both, designed and set aside for the taking off and landing
of aircraft and utilized or to be utilized in the interest of the public
for such purposes and approved as such by the Department;
"Department" means the Division of Aeronautics of the Department of
Transportation of the State of
Illinois.
"Permit" means a permit issued by the Department under the provisions
of this act;
"Person" means any individual, firm, trustee, receiver, partnership,
association, business or non-profit corporation, religious corporation,
municipal corporation or body politic;
"Structure" means any object constructed or installed by man,
including, but without limitation to, buildings, towers, smokestacks and
overhead transmission lines.
(Source: P.A. 81-840.)
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(620 ILCS 30/3) (from Ch. 15 1/2, par. 48.103)
Sec. 3.
Until a permit therefor has been issued by the Department, no
person shall erect, add to the height of or replace any structure
contravening the provisions of subpart (c) of Part 77 of the Federal
Aviation Regulations, as adopted February 3, 1965 and as currently revised,
and as applied to any existing or planned facility or use on file with the
Department at the time the application for permit is received.
In any instance where permission of or submission to the federal
government or some Department thereof is required for the erection of a
structure, the Department shall not issue a permit for the erection thereof
until evidence of such permission or submission is shown.
(Source: P.A. 78-437.)
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(620 ILCS 30/4) (from Ch. 15 1/2, par. 48.104)
Sec. 4.
It is not necessary that ownership of, option for, or other
possessory right to a specific location site be held by the applicant
before application for a permit is filed with the Department but any permit
granted by the Department shall, among other things, state the location,
either specifically or within a definite area, and also the maximum height
allowed for the structure.
(Source: Laws 1961, p. 2904.)
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(620 ILCS 30/5) (from Ch. 15 1/2, par. 48.105)
Sec. 5.
Every permit granted shall also specify what, if any, obstruction
markers, markings, lighting or other visual or aural identification shall
be installed on or in the vicinity of the structure. Such identification
characteristics required shall conform to federal laws and regulations
where applicable; however, a higher standard of identification may be
required under this Act.
(Source: Laws 1961, p. 2904.)
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(620 ILCS 30/6) (from Ch. 15 1/2, par. 48.106)
Sec. 6.
Upon receiving an application for a permit, the Department
shall make such investigation as may be necessary to process the
application properly under this Act. Such investigation shall be
conducted so as to determine, in the opinion of the Department, a
location and height for a structure for the particular purpose proposed
in the location proposed as will best serve the safety, health and
welfare of persons and property in the area and on the ground and other
technical and economical factors involved; provided, however, when the
facilities or structures proposed are those of a public utility, no
determination, ruling or order of the Department shall be valid or
binding on such public utility without, in each such case, the
concurrence of the Illinois Commerce Commission.
If, upon such investigation, the Department determines that a permit
should not issue or that the height or location should be other than as
applied for, the Department shall thereupon notify the applicant in
writing of its determination. Such 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.
Such determination shall become final 20 days after notification
thereof is served unless the applicant, within such 20-day period,
requests in writing that a hearing be held before the Department with
reference to the application. All such hearings shall be open to the
public. Any person interested may appear and be heard either in person
or by counsel and may present such evidence and testimony as may be
pertinent.
(Source: Laws 1961, p. 2904.)
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(620 ILCS 30/7) (from Ch. 15 1/2, par. 48.107)
Sec. 7.
In any instance where the Department learns or has reasonable
grounds to believe that any person is erecting or adding to a structure
that would be subject to the provisions of this Act but concerning which no
application for a permit has been filed, it may on its own motion issue an
order to such person to appear before the Department and show cause why an
application for a permit to erect or add to the structure need not be
obtained. A date for a hearing thereon shall be set out in such order.
(Source: Laws 1961, p. 2904.)
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(620 ILCS 30/8) (from Ch. 15 1/2, par. 48.108)
Sec. 8.
The conduct of such hearings and any procedures subsequent thereto
shall be governed as nearly as possible by the provisions of the "Illinois
Aeronautics Act".
(Source: Laws 1961, p. 2904.)
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(620 ILCS 30/9) (from Ch. 15 1/2, par. 48.109)
Sec. 9.
In addition to any other remedy, the Department may institute in
the circuit court an action to prevent, restrain, correct
or abate any violation of the provisions of the Act or of any rules,
regulations or orders of the Department issued pursuant thereto. The court
may grant such relief, by way of injunction (which may be mandatory) or
otherwise, as may be necessary under this Act and the rules, regulations
and orders of the Department issued pursuant thereto.
(Source: P.A. 79-1361.)
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(620 ILCS 30/10) (from Ch. 15 1/2, par. 48.110)
Sec. 10.
The Department shall adopt and promulgate, and may from time to
time amend or rescind, rules and regulations for the administration of this
Act. Such rules and regulations and changes therein shall become effective
as provided in "An Act concerning administrative rules", approved June 14,
1951, as amended from time to time, and may be published and distributed
at the Department's expense. The Department shall prescribe and furnish
forms necessary for the administration of this Act.
(Source: Laws 1961, p. 2904.)
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(620 ILCS 30/11) (from Ch. 15 1/2, par. 48.111)
Sec. 11.
This Act shall not apply in any instance where the proposed
erection, addition to or replacement of a structure is located in an
area for which airport approach regulations are effective under "An Act
relating to airport zoning", approved July 17, 1945, as amended from
time to time.
This Act shall not be construed to require any change in height or
location of any structure in existence or in the process of construction
on the effective date of this Act.
(Source: Laws 1961, p. 2904.)
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(620 ILCS 30/12) (from Ch. 15 1/2, par. 48.112)
Sec. 12.
Whoever violates or fails to comply with the provisions of this Act is
guilty of a petty offense. Each day's continuance of a violation of this
Act shall be deemed a separate and distinct offense.
(Source: P.A. 77-2314.)
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