3-404. Structures; erection, maintenance in excess of one hundred fifty feet; application; form; contents; permit; issuance; considerations; Nebraska National Guard; duties.
(1) The application for the permit required by section 3-403 shall be made in writing on forms prescribed by the Division of Aeronautics of the Department of Transportation and shall contain or be accompanied by details as to the location, construction, height, and dimensions of the proposed structure, the nature of its intended use, and such other information as the Director of Aeronautics may require. If the proposed structure is proposed to be built inside the boundaries of or within one thousand meters of the boundaries of any terrain flight training area, the application for a permit shall be accompanied by a written mitigation agreement between the applicant and the Nebraska National Guard.
(2) Upon the filing of an application, the director shall make an investigation and an aeronautical study of such proposed construction and its effect, if any, upon air navigation, and the health, welfare, and safety of the public. In making such investigation and aeronautical study and making his or her determination under this section, the director shall consider (a) the character of flying operations expected to be conducted in the area concerned, (b) the nature of the terrain, (c) the character of the neighborhood, (d) the uses to which the property concerned is devoted or adaptable, (e) the proximity to existing airports, airways, control areas, and control zones, (f) the height of existing adjacent structures, and (g) all the facts and circumstances existing at the time of application.
(3) If the director, upon such investigation, determines that such proposed structure will not constitute a hazard to air navigation and will not interfere unduly with the public right of freedom of transit in commerce through the air space affected thereby, the director shall issue to the applicant a permit, required by section 3-403, authorizing the erection and construction of such structure, subject to such conditions as to marking and lighting as the division may prescribe by its rules and regulations, authorized by section 3-407. The director shall impose only such restrictions or requirements as may be reasonably necessary to effectuate sections 3-401 to 3-409. If the director does not so determine, the director shall deny the application.
(4) On or before August 1, 2018, the Nebraska National Guard shall provide the Division of Aeronautics of the Department of Transportation a description of the boundaries of the terrain flight training areas by metes and bounds or an official map that shows the boundaries of the terrain flight training areas. The description or map shall be used by the division in its management of the airspace of the State of Nebraska pursuant to sections 3-401 to 3-409.
Source
Structure Nebraska Revised Statutes
3-103 - Division of Aeronautics; director; appointment; qualifications; duties; oath.
3-105 - Division; seal; rules and regulations; adopt.
3-106 - Division; aircraft; purchase; use; report; contents.
3-107 - Division; general supervision; state funds; expenditure; recovery.
3-109 - Division; powers; rules and regulations; applicability to federal government.
3-110 - Rules and regulations; conform to federal regulation.
3-111 - Rules and regulations; where kept.
3-112 - Division; airways system.
3-113 - Division; engineering and technical services; availability.
3-114 - Division; represent state in aeronautical matters.
3-115 - Actions by or against division; intervention.
3-116 - Enforcement; intergovernmental cooperation.
3-118 - Division; reports of investigations or hearings; evidence; how used.
3-119 - Division; assist in acquisition, development, operation, or maintenance of airports.
3-120 - Division; contracts; authorized.
3-121 - Division; airway and airport; exclusive right prohibited.
3-122 - Transferred to section 75-202.
3-123 - Division; cooperate with federal government; comply with federal laws.
3-124 - Division; acceptance of gifts of money, authorized; terms and conditions.
3-125 - Division; contracts; laws governing.
3-125.01 - Transferred to section 55-181.
3-126 - Aeronautics Cash Fund; created; use; investment.
3-128 - Division; regulation of airports.
3-129 - Aircraft; license, certificate, or permit required.
3-130 - License, certificate, or permit; exceptions.
3-133 - Airports; license; requirement; approval of site; operation without license unlawful.
3-134 - Air navigation facility; certificate of approval; hearing; notice; order; license.
3-135 - Air navigation facility; certificate of approval; hearing; standards to be considered.
3-136 - Certificate of approval; restricted landing area for personal use; exception.
3-137 - Air navigation facility; certificate of approval; revocation, grounds.
3-138 - Certificate of approval; federal government; exception.
3-142 - Division; airports; easements; acquire by condemnation.
3-143 - Division; joint activities; authorized.
3-144 - Division; right of eminent domain; procedure.
3-145 - Division; airport; lease; sell; supplies.
3-146 - Division; rentals; power to determine; charges; lien; enforce.
3-147 - Airports; acquisition of land; purpose.
3-148 - Aircraft fuel tax; Aircraft Fuel Tax Fund; created; distribution; terms, defined.
3-149 - Aircraft fuel tax; collection; violation; penalty.
3-150 - Aircraft fuel tax; repayment; fuel used for air school purposes.
3-151 - Aircraft fuel tax; repayment; presentation of claims.
3-155 - Real property formerly used as army airfields; disposal; conditions.
3-156 - Aeronautics Trust Fund; created; real property; proceeds of sale; how used; investment.
3-157 - Division; real property; lease; when; requirements.
3-158 - Person renting aircraft; insurance information; notice.
3-159 - Authorization to purchase new aircraft; sale of aircraft.
3-160 - Employees of Department of Aeronautics; transfer to Division of Aeronautics; how treated.
3-162 - Actions and proceedings; how treated.
3-163 - Provisions of law; how construed.
3-201.01 - Temporary airports and landing fields; approval; application; purpose of landing area.
3-205 - Encroachment upon airport protection privileges; unlawful; removal.
3-206 - Acquisition of property; purposes.
3-208 - Acquisition of property; prior acts validated.
3-209 - Municipality; acquired property and income; exempt from taxation.
3-210 - Municipality; costs; paid by appropriation of funds or bonds; cost, defined.
3-211 - Bonds; issuance; limitation.
3-212 - Bonds; issuance; prior issues validated; issuance of additional bonds; legal obligations.
3-213 - Municipalities; power to raise funds; use.
3-214 - Revenue; disposition; excess.
3-215 - Municipality; general powers; rules and regulations; adopt.
3-216 - Municipality; accept gifts of money; expend.
3-218 - Contracts; laws governing.
3-219 - Municipality; public waters; powers.
3-220 - Municipalities; public waters; additional powers.
3-221 - Joint exercise of powers, authorized; when.
3-222 - Municipality; terms, defined.
3-223 - Municipality; joint agreements and action; authorized.
3-224 - Joint agreements; contents.
3-225 - Joint agreements; board, created; members; terms; compensation.
3-226 - Board; officers; adopt rules of procedure.
3-228 - Joint agreements; ordinances enacted concurrent with each other; effect; publication.
3-229 - Joint agreements; condemnation proceedings; property acquired held as tenants in common.
3-230 - Joint agreements; funds; revenue, use.
3-231 - Joint agreements; funds; disbursed by order of board.
3-232 - Joint agreements; specific performance authorized.
3-235 - Powers granted counties.
3-236 - Airport and air navigational facility; laws governing; jurisdiction.
3-237 - Sections, how construed.
3-240 - Extraterritorial airport; terms, defined.
3-241 - Extraterritorial airport; state or governmental agency; powers.
3-242 - Extraterritorial airport; adjoining state; powers; right of eminent domain; reciprocity.
3-243 - Extraterritorial airport; joint exercise of powers.
3-302 - Airport hazard; public nuisance; prevention.
3-303 - Airport hazard; zoning regulations; modifications and exceptions.
3-304 - Joint airport zoning board; airport zoning regulation; filing.
3-304.01 - Joint airport zoning board; members; term.
3-305 - Zoning regulations; comprehensive zoning ordinance.
3-306 - Zoning regulations; conflict; stringent limitation or requirement prevails.
3-307 - Zoning regulations; adoption; notice; hearing.
3-309 - Zoning regulations; requirements; reasonable.
3-310 - Zoning regulations; nonconforming use; exception.
3-311 - Zoning regulations; new or changed structure; nonconforming use; permit.
3-312 - Zoning regulations; property inconsistent with regulations; variance; allowance; exception.
3-313 - Zoning regulations; permit or variance; hazard marking and lighting.
3-314 - Transferred to section 3-319.01.
3-319 - Zoning regulations; provide for administration and enforcement.
3-319.01 - Zoning regulations; appeal; hearing; procedure; board; duties.
3-320 - Zoning regulations; board of adjustment; members; terms; powers.
3-323 - Board of adjustment; adopt rules; meetings; oaths; public hearings; record of proceedings.
3-324 - Board of adjustment; judicial review; petition; grounds.
3-328 - Judicial review; costs.
3-329 - Judicial review; effect of decision on other structures.
3-330 - Violation; penalty; injunctions.
3-331 - Acquisition of property interest; purchase; grant; condemnation; procedure.
3-401 - Obstructions to air navigation; regulation; purpose.
3-403 - Structures; erection, maintenance in excess of one hundred fifty feet; permit required.
3-407 - Structures; lighting; rules and regulations; division adopt.
3-409 - Structure; violations; injunction; removal.
3-504 - Airport authority; powers.
3-506 - Airport authority; finances; how handled.
3-506.01 - Airport authority; treasurer; appointed; bond.
3-508 - Airport authority; bondholders; no impairment of rights or remedies.
3-509 - Airport authority; obligations of authority; limited liability.
3-510 - Airport authority; bonds; eligibility for investment; use as security.
3-511 - Airport authority; declaration of public purpose; exemption of property from taxation.
3-513 - Airport authority; applicability of sections.
3-601 - Real property; acquire; improvements; schedule of charges.
3-602 - Bonds; issuance; terms; election.
3-603 - Tax; limitation; use; election.
3-604 - Real property; acquisition by lease; election unnecessary.
3-605 - Construction; leasing; improvement; maintenance; management; labor; tax; levy.
3-607 - Airport, landing field, airdrome; location and specifications; approval.
3-609 - County board; lease; disposal; powers.
3-612 - Property; county; authority; powers and duties.
3-614 - Authority; promote commercial and general aviation.
3-615 - Officers and employees of county; transfer to authority; effect.
3-616 - Funds; deposit; withdrawal; audits; effect on bonds and contracts.
3-618 - Bonds; state; not to impair obligations.
3-619 - Bonds, notes, obligations of authority; not debts of State of Nebraska or any county.
3-620 - Bonds; who may purchase.
3-621 - Authorities; public purpose; property; bonds; tax exempt.
3-622 - Airport authority; applicability of sections.
3-702 - Joint airport authority; agreement; governed by a board.
3-706 - Joint authority; property; control; convey; transfer; title; acquire.
3-707 - Joint authority; powers.
3-708 - Joint authority; foster, promote, and develop commercial and general aviation.
3-709 - Funds; deposit; withdrawals; security; contracts authorized.
3-711 - Bonds; state; not to impair obligations.
3-712 - Bonds; not debt of State of Nebraska or political subdivision.
3-713 - Bonds; who may purchase.
3-714 - Joint authority; public purpose; property; bonds; tax exempt.