[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR77.13]

[Page 157-158]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 77--OBJECTS AFFECTING NAVIGABLE AIRSPACE--Table of Contents
 
             Subpart B--Notice of Construction or Alteration
 
Sec. 77.13  Construction or alteration requiring notice.

    (a) Except as provided in Sec. 77.15, each sponsor who proposes any 
of the following construction or alteration shall notify the 
Administrator in the form and manner prescribed in Sec. 77.17:
    (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:
    (i) 100 to 1 for a horizontal distance of 20,000 feet from the 
nearest point of the nearest runway of each airport specified in 
paragraph (a)(5) of this section with at least one runway more than 
3,200 feet in actual length, excluding heliports.
    (ii) 50 to 1 for a horizontal distance of 10,000 feet from the 
nearest point of the nearest runway of each airport specified in 
paragraph (a)(5) of this section with its longest runway no more than

[[Page 158]]

3,200 feet in actual length, excluding heliports.
    (iii) 25 to 1 for a horizontal distance of 5,000 feet from the 
nearest point of the nearest landing and takeoff area of each heliport 
specified in paragraph (a)(5) of this section.
    (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 height of the highest mobile object that would 
normally traverse it, would exceed a standard of paragraph (a) (1) or 
(2) of this section.
    (4) When requested by the FAA, any construction or alteration that 
would be in an instrument approach area (defined in the FAA standards 
governing instrument approach procedures) and available information 
indicates it might exceed a standard of subpart C of this part.
    (5) Any construction or alteration on any of the following airports 
(including heliports):
    (i) An airport that is available for public use and is listed in the 
Airport Directory of the current Airman's Information Manual or in 
either the Alaska or Pacific Airman's Guide and Chart Supplement.
    (ii) An airport under construction, that is the subject of a notice 
or proposal on file with the Federal Aviation Administration, and, 
except for military airports, it is clearly indicated that that airport 
will be available for public use.
    (iii) An airport that is operated by an armed force of the United 
States.
    (b) Each sponsor who proposes construction or alteration that is the 
subject of a notice under paragraph (a) of this section and is advised 
by an FAA regional office that a supplemental notice is required shall 
submit that notice on a prescribed form to be received by the FAA 
regional office at least 48 hours before the start of the construction 
or alteration.
    (c) Each sponsor who undertakes construction or alteration that is 
the subject of a notice under paragraph (a) of this section shall, 
within 5 days after that construction or alteration reaches its greatest 
height, submit a supplemental notice on a prescribed form to the FAA 
regional office having jurisdiction over the region involved, if--
    (1) The construction or alteration is more than 200 feet above the 
surface level of its site; or
    (2) An FAA regional office advises him that submission of the form 
is required.

[Doc. No. 8276, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36 
FR 5970, Apr. 1, 1971; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972]