06/18/86 Ferguson/Tower Assistancecc: Pare Committee, Paul Palmer, Gary Nv-tul, Don Halver 6/20/86 m
DEPARTMENT OF COMMERCE
AERONAUTICS DIVISION
P.O. BOX 5178
TED SCHWINDEN, GOVERNOR 2630 AIRPORT ROAD
-STATE OF MONTANA
(406) 444-2506
June 18, 1986
Honorable Ed Kennedy, Mayor
City of Kalispell
Drawer 1997
Kalispell, MT 59903
FILE: K1G
Dear Mayor Kennedy:
HELENA, MONTANA 59604
We have been contacted recently by Kalispell area pilots requesting our
assistance in causing the antenna towers of radio station KGEZ to be better
marked to enhance flight safety. Their concerns center around the fact that
the towers in question are located nearly on the extended runway center line
of the Kalispell City Airport and are in relatively close proximity thereto.
Members of our staff were in Kalispell recently to conduct an airport inspection
at City field and as part of the inspection requirements scrutinized the tower
locations in relation to the airport. Their field inspection did indicate that
the towers do, in fact, infringe upon certain airport imaginary surfaces which
should be protected, particularly at public use airports. Those imaginary
surfaces are spelled out in Chapter 5 of Title 67, MCA, a highlighted copy of
which is enclosed. You will see from review of the enclosed that the imaginary
surface being penetrated by the towers is the trapezoidal area which extends
out two miles from the airport and rises on a slope ratio of 20 to 1. We are
also enclosing a photocopy of a portion of the U.S. Geological Survey Kalispell
Quadrangle which clearly shows that the towers are well within that two-mile
distance.
The Montana Aeronautics Division has for some time recognized these radio towers
as being a hazard to air navigation and have made our concern known to the radio
station owner and have recommended that they be strobe lighted. However, they
feel that the cost to install strobes is undesirable and that the present lights
provide adequate marking.
We feel that you should be made aware of this matter of hazard to flight safety
at your airport, which you may wish to further investigate. The city of
AN EQUAL OPPOPTUNITY EMPLOYER"
pvbiK—&qrGph�T
Honorable Ed Kennedy
Page 2
June 18, 1986
Kalispell is owner of record of the Kalispell City Airport and MCA 67-5-211
(highlighted) places the enforcement responsibility on the airport owner. If
additional information is required, please advise.
Sincerely,
Michael D. Fe'rguson, Administrator
Aeronautics Division
mk
Encl.
67-5-101 flEXt)NAII'1'ICS
CHAPTER 5
jA RPORT HAZARD RE,(JULATION
l'urt 1 — General Provisions
Section
67-5-101. Purpose.
67-5-102, hxception emergency landing strips.
Part 2 — Regulation and Restriction
67-5-201. Regulation of huilding heighLs.
67-5-202. Regulation of existing structures power of acquisition.
67-5-203. Duty to acquire permit.
67-5-204. Restriction lights.
Sections 67-5-205 through 67-5-210 reserved.
67-5-211. Enforcement.
67-5-212. PemilLy.
Part 1
General Provisions
67-5-101. Purpose. For the purpose of ensuring safety from death or injury
for aeronauts and passengers, to prokect the properly of those engaged in aeronau-
tics, and to encourage and promote air travel and transportation of quail, passen-
gers, express, and freight. by air, it is considered necessary to eliminate damgenms
ohstructions of air space in the vicinity op' airports or Ending fields which may now
be or which may hereafter he acquired, owned, operated, controlled, or mainhiined
by the United States, the state of Monl.ana or any county or municipality (hereof.
In order to promote the public order, health, and safety by providing unohsiraacted
air space for the safe descent., landing, ascent, and operation of aircral'i. utilizing
public airports in the sLaLe of Montana, the height. of buildings and other structures
in the vicinity of the airports and landing fields in Lhe skate of Montana owned,
leased, operated, maintained, or controlled by tiny of those public authorities shall
be regulated and reskricted its hereafter provided.
History: En. See. 1, Ch. 12, L. 1939; umd. Sec. :1, Ch. 2.12, L. 1877; R.C.M. 1947,
1-701.
67-5-102. Exception — emergency landing; strips. ']'his chapter shall not
apply to any handing fields or strips now eslnlilished or hereall.er established by I.ho
civil acronaautics authority ol- the United States government., known as -t-mergeoc;y
landing strips", which do not provide at. least. 1,800 feet of landing aama in all alirec-
tions and which du not. provide facilikes fur the housing, supply, and servicing; of
aircraft.
tlistory: En. See. 7, Ch. 12, L. 1939; R.C.M. 19•17, 1-707.
Part 2
Regulation and Restriction
67-5-201. Regulation of building heights. (l) The height of buildings and
ol.her slroetorvs shall be rvj,,ol atc•cl k„r the purposes set forlh in 67-I, 101, ca,nsid
oriel; auoong; oiler Things-
28
AIRPORTHAZARD ItEMII,A'1'ION 67-5-203
(n) requirements and hicilit.ies necessary Lo'secur• the sa('e descent., landing,
ascent., and opernhon of aircral't utilizing the public airports and landing fields in
the state ol* Montana;
(b) hazards ('rom the obstruction of air space and the relation of the height of
buildings and other st.ruct.ures in the vicinity o(' such airports and landing fields to
such hazards;
(c) the area within which buildings and other structures may dangerously
obstruct air space in the vicinity of public airports and landing fields and the
height o1' buildings or other structures within such area which is consistent with the
sale use of such airports and landing fields; and
(d) the mairti.enance and use o(' either obst-ruction markers or lights, or both,
upon buildings and other st.ruct.ures within such aced as safety devices.
(2) The height of buildings and other structures is regulated and restricted
within it distance of 2 miles from tiny public airport or landing field, measured at
it right. angle 1'rom any side or in it radial line from any corner of the established
boundary line thereof, in any and ail directions, as Follows:
(it) The trapezoidal portion of I.he total 2-toile zone area, :"M feet in width at
the boundary of the field or airport, and broadening to it width of 2,500 feet 2 miles
distant, the centerline of which is at continuation of the centerline of each runway
at ;and upon such puhlic airports and landing fields, known as the approach zone,
may have no building or other structure or nalurd feature or ohject, of any kind
[herein, the height. of which is more thou, one4-tv itieth its distance from the near-
jstboundary of (jiv a6r1jort. or la�nd�ng iiOd-
(b) The remaining portion of the 2-mile zone area surrounding such public air-
ports and landing fields, lying between the approach zones and known as turning
zones, may have no building or other structure or natural 1'eature or object of any
kind therein, the height o1' which is more than one -seventh its distance 1'roni the
nearest boundary of the airp»art or landing field.
C1) In measuring distances and heights to determine the zone standard, mea-
surements shall he taken from the nearest. side of the building or structure or other
ohject. to the nearest. side of the airport or landing field. In the event of airports
having lmundaries not. regular, the nearest established perimeter of such port and
field shall be used, as distinguished from the nctunt boundary.
History: En. Sec. 2, (;h. 12, L. 1939; avid. Sec. 4, ('It. 232, L. 1977; H.C.M. 1947,
1-702.
67-5-202. Regulation of existing structures; — power of acquisition.
Will respect. to any building or other structure existing on February 7, 1939, which
does not. conform to the regulations of this chapter in the manner of height, the
governmental authority affected thereby (whet.her I.he United States, the state of
Montana, the several counl.ies, or Ow several naunicipnlit.ies) in its own right tin(]
nanuv, to protect. its own airports and landing ('ields and Co carry out the purposes
and provisions of this chapter, shall hnve and is hereby given the right. and author-
ity to acquire by purchase, grans, or condemnation, such esbav or interest. in any
such building or st.rtacture or olAwr object, whether nature( objecL or not, and/or in the
lands upon vehicle situated as is necessary to vest full and nbsohute ownership and
conl.ntl in perpetuity ul' the spaaco above such lend to the extent. necessary to cor
rerL ur abate the hoighl of any such nonconforming building or other structure or
object. to nu•el the retlteiremenis of this chnpler as to height limitation within the
zones designated.
(listory: En. Sec. 6, ('It. 1'42, L. 1939; R.C.M. 1947, 1-705.
67-5-203. Duly to acquire permit. (1) Vach person, firan, or corporal.ion in
this slate proposing In creel, establish, or timinlain any building or other structure
that. would exceed (tie heit;ltt limit established by chew or to grow any natural object
29
67-5-204 ALHONAUTICS
that would exceed such limit when grown, whenever the proposed erection or
growth is within 2 miles of a public: airport, or landing field, shall apply to the
proper officer of the United States or the state of Montana or any county or
municipality thereof, whichever of those bodies has control of the airport or landing
field affecting the area, fur a permit to erect, establish, or maintain the structure,
building, or object proposed.
(2) No permit may he granted unless the specifications of the building or other
structure or object reveal that the total height dues not. or will not exceed the
height limits fixed by law for the zone in which the same is to be established.
(:3) No permit may he issued in violation of this section, and tiny permit. which
is issued in violation of this section is void.
History: En. Sec. 4, Ch. 12, L. 1939; amd. Sec. 5, Ch. 232, L. 1977; H.C.M. 1947,
1-7 i1.4.
67-5-204. Restriction — lights. No searchlight., beacon light, or other glar-
ing light shall he used, maintained, or operated within said Montana airport zoning
areas so that the same shall reflect, glare, or shine upon or in the direction of the
airports.
History: En. Sec. 8, Ch. 12, L. 1939; H.C.M. 1947, 1-708.
67-5-205 through 67-5-210 reserved.
67-5-211. Enforcement. It shall he the duty and authority of every public
body or governmental authority owning, operating, or maintaining it public airport
or landing field to enforce the provisions of this chapter as pertains to areas sur-
rounding the particular airport under the control of such body, the stunt- to he
enforced in either the court of law or of equity in the state of Montana having
jurisdiction of such action. Gases are to he instltutvd in the name of the govern-
mental body charged hereunder with the enforcement. hereof. Such action may he
to prevent the erection, construction, or maintenance of such buildings or other
structures or parts of buildings or structures as may exceed the height limits fixed
by this law or to restrain, correct, or abate any such violation and to prevent. the
occupancy and use of any part of it building or structure erected in violation of this
law.
History. En. Sec..1, Ch. 12, L. 1939; H.C.M. 1947, 1-703.
67-5-212. Penalty. Any person or firm or corporation violating any of the
provisions of this law shall he guilt.y of it misdemeanor and upon conviction thereof
shall he punishable by a fine of not, more than $500 or by imprisonment for it
period of not more than 6 months or by both such fine and imprisonment.. Hach
such person, firm, or corporation shall be dceuned guilty of a separate offense for
every day during tiny portion of which any violation of this law is committed, con-
tinued, or permitted by such person, firm, or corporation and shall he punishable
as provided by such law.
History: Ell. Sec. 12, Ch. 12, L. 1939; H.C.M. 1947, 1-709.
CHAPTER 6
AIRPORT 7,ONIN(; ACT
Part 1 — General Provisions
Se+ i i' m
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