C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER E—AIRSPACE › PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE › Subpart B—Notice Requirements

14 C.F.R. § 77.9

Construction or alteration requiring notice

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If requested by the FAA, or if you propose any of the following types of construction or alteration, you must file notice with the FAA of:

(a) Any construction or alteration that is more than 200 ft. AGL at its site.

(b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes:

(1) 100 to 1 for a horizontal distance of 20,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway more than 3,200 ft. in actual length, excluding heliports.

(2) 50 to 1 for a horizontal distance of 10,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 3,200 ft. in actual length, excluding heliports.

(3) 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section.

(c) 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) or (b) of this section.

(d) Any construction or alteration on any of the following airports and heliports:

(1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications;

(2) A military airport under construction, or an airport under construction that will be available for public use;

(3) An airport operated by a Federal agency or the DOD.

(4) An airport or heliport with at least one FAA-approved instrument approach procedure.

(e) You do not need to file notice for construction or alteration of:

(1) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation;

(2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose;

(3) Any construction or alteration for which notice is required by any other FAA regulation.

(4) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 2018–2026 · leading case: Steven Morales v. United States, 895 F.3d 708 (9th Cir. 2018).
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Steven Morales v. United States, 895 F.3d 708 (9th Cir. 2018). “14 C.F.R. § 77.9 . With this in mind, we provide a brief overview of the specific policies in place since 1984.”
One Energy Ents., L.L.C. v. Dept. of Transp., 2019 Ohio 359 (Ohio Ct. App. 2019). “14 C.F.R. 77.9(a). Appellants submitted notice of the Findlay Project to the FAA.”
Backcountry Against Dumps v. Faa, 77 F.4th 1260 (9th Cir. 2023). · cites it 2× “14 C.F.R. § 77.9 (a). Because the wind turbines are over 499 feet tall, the FAA conducted an aeronautical study of the project and issued a “no hazard” determination, finding that the turbines do not pose a hazard to air navigation.”
Mattwaoshshe v. Nextera Energy, Inc. (D.D.C. 2021). · cites it 2× “¶¶ 35–51, and violated the ESA in issuing a series of “no hazard” determinations under 14 C.F.R. § 77.9 , id. ¶ 52 . Plaintiffs also claim the U.”
Taylor v. United States (Fed. Cl. 2019). “See 14 C.F.R. § 77.9 (listing other obstacle-creating conditions not relevant to the situation at hand).”
Dunn v. United States (Fed. Cl. 2019). “It states that construction involved providing notice of any structures 200 feet above ground level (see 14 C.F.R. § 77.9 ) and obtaining “No Hazard” determinations from the Federal Aviation Administration (see 14 C.”
BJA Enter. LLC v. Yuma, City of (D. Ariz. 2021). “In early 2019, 16 MCASY reminded BJA that it was required, under 14 C.F.R. § 77.9 , to submit a request 17 to the FAA for an “Obstruction Evaluation/Airport Airspace Determination” prior to 18 commencing any construction on the property.”
Furnas v. Appalachian Power Co. (S.D.W. Va 2024). “14 C.F.R. § 77.9 (a). Notice serves multiple purposes: Notice received by the FAA under this subpart is used to: (1) Evaluate the effect of the proposed construction or alteration on safety in air commerce and the efficient use and preservation of the navigable airspace and of…”
ModernWest Longmont, LLC v. FAA (D.C. Cir. 2026). “14 C.F.R. § 77.9 ; see also 49 U.S.C. § 44718 .”
— 14 C.F.R. § 77.9(a) — 1 case
One Energy Ents., L.L.C. v. Dept. of Transp., 2019 Ohio 359 (Ohio Ct. App. 2019). “14 C.F.R. 77.9(a). Appellants submitted notice of the Findlay Project to the FAA.”
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