14 C.F.R. § 77.13
Applicability
This subpart describes the standards used for determining obstructions to air navigation, navigational aids, or navigational facilities. These standards apply to the following:
(a) Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus.
(b) The alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 1971–2022 · leading case: City of Rochester v. Bond, 603 F.2d 927 (D.C. Cir. 1979).
City of Rochester v. Bond, 603 F.2d 927 (D.C. Cir. 1979). “14 C.F.R. 77.13. . The Federal Aviation Act of 1958 broadly authorizes the FAA Administrator to regulate “the use of the navigable airspace under such terms, conditions, and limitations as he may deem necessary in order to insure the safety of aircraft and the efficient…”
Clark Cnty. v. Fed. Aviation Admin., 522 F.3d 437 (D.C. Cir. 2008). “See 14 C.F.R. § 77.13 . The FAA initiated aeronautical studies to assess whether the turbines would “result in an obstruction of the navigable airspace or an interference with air navigation facilities and equipment or the navigable airspace.”
Aircraft Owners & Pilots Ass'n v. Fed. Aviation Admin., Wset, Inc., Intervenor, 600 F.2d 965 (D.C. Cir. 1979). “5 The initial height of the tower, I, 506 feet above ground level, 6 exceeded the 200 foot notice standard set out in Subpart B of the FAA’s regulations, 14 C.F.R. § 77.13 (a)(1). Accordingly, on April 28, 1976, WSET notified the FAA of its plan to construct the tower.”
Town of Barnstable v. Fed. Aviation Admin., 659 F.3d 28 (D.C. Cir. 2011). “See 14 C.F.R. § 77.13 . After a preliminary investigation, the FAA issued a Notice of Presumed Hazard, J.”
Breneman v. United States, 57 Fed. Cl. 571 (Fed. Cl. 2003). “On June 14, 2000, after learning of the May 18, 2000 publication of the New York Sectional Chart, plaintiffs filed notices of proposed construction pursuant to 14 C.F.R. § 77.13 (1972) (requiring notice of proposed construction in airport approach areas).”
Brown v. United States, 30 Fed. Cl. 23 (Fed. Cl. 1993). “Plaintiffs point to 14 C.F.R. § 77.13 as prohibiting construction of objects above a 100-1 slope, which would be at 11.”
Goodspeed Airport, LLC v. East Haddam Inland Wetlands & Watercourses Comm'n, 681 F. Supp. 2d 182 (D. Conn. 2010). “Thus, for example, Part 77 requires notice to be given to the FAA of any proposed structure that would be more than 200 feet above ground level at its site, see 14 C.F.R. § 77.13 (a)(1), as well as any proposed construction or alteration that would be of greater height than an…”
Air Line Pilots' Ass'n Int'l v. Dep't of Transp., Fed. Aviation Admin., John H. Shaffer, Adm'r, 446 F.2d 236 (5th Cir. 1971). “” 14 C.F.R. §§ 77.13 (a) (1), 77.23(a) (1).”
Kupster Realty Corp. v. State, 93 Misc. 2d 843 (1978). “(See 14 CFR 77.13 [a] [i], 77.15 [a].) Further, if the construction or alteration would extend higher than the applicable takeoff and landing approach surface, it would be an obstruction to air navigation.”
BFI Waste Sys. of North Am., Inc. v. Fed. Aviation Admin., 293 F.3d 527 (D.C. Cir. 2002). “” 14 C.F.R. § 77.13 (a)(1). Under the regulations, “[e]ach person who is required to notify the [FAA] under § 77.”
Hahn v. United States, 535 F. Supp. 132 (D.S.D. 1982). “14 C.F.R. 77.13(a)(1), 77.23(a)(2). 6 . El Paso Natural Gas Co.”
Commonwealth v. Rogers, 634 A.2d 245 (Pa. Super. Ct. 1993). “See: 14 C.F.R. § 77.13 (FAA regulations governing when notice of construction is required).”
— 14 C.F.R. § 77.13(a)(1) — 1 case
Hahn v. United States, 535 F. Supp. 132 (D.S.D. 1982). “14 C.F.R. 77.13(a)(1), 77.23(a)(2). 6 . El Paso Natural Gas Co.”
— 14 C.F.R. § 77.13(c) — 1 case
Knight v. United States, 498 F. Supp. 316 (E.D. Mich. 1980).
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