Pa. Cons. Stat. » 74 Pa. Cons. Stat. (TRANSPORTATION) / Chapter 57
Pennsylvania Consolidated Statutes

74 Pa. Cons. Stat. § 5701 (2026)

 Department approval.

✓ current as of May 2026
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CHAPTER 57

OBSTRUCTIONS TO AIRCRAFT OPERATION

 

Sec.

5701.  Department approval.

5702.  Commencement of proceedings for summary offenses.

5703.  Disposition of fines, fees and forfeitures.

 

Enactment.  Chapter 57 was added October 10, 1984, P.L.837, No.164, effective immediately.

Cross References.  Chapter 57 is referred to in section 5301 of this title.

§ 5701.  Department approval.

(a)  Obstructions to aircraft within approach area.--A person who erects and maintains any smokestack, flag pole, elevated tank, radio station tower, antenna, building, structure, any object of natural growth or other obstruction to the operation of aircraft within an approach area that extends above an inclined plane without first obtaining prior approval thereof from the department commits a summary offense. Each day a violation of this subsection continues constitutes a separate offense.

(b)  Structures in close proximity to airport.--A person who erects a new structure or adds to an existing structure in violation of guidelines or regulations adopted by the Federal Aviation Administration of the United States Department of Transportation, or who erects the structure with respect to the airport without, in either event, first obtaining prior approval from the department, commits a summary offense.

(c)  Definition.--As used in this section the term "approach area" includes all that area lying within and above an inclined plane, starting at each end of each runway or landing strip of a public-use airport, as described by guidelines or regulations adopted by the Federal Aviation Administration of the United States Department of Transportation.

Notes of Decisions
Cited in 2 cases, 1993–2002 · leading case: Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002).
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Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002). “Beam also argues that we may affirm the Commonwealth Court on grounds that that court did not reach, namely, that his airfield is not an airport which, under the applicable statute and regulations, must be licensed.”
Commonwealth v. Rogers, 634 A.2d 245 (Pa. Super. Ct. 1993). · cites it 5× “The Commonwealth argues, however, that 74 Pa.C.S. § 5701 is a proper exercise of the police power and, as such, can be enforced against Rogers without first making compensation.”
— 74 Pa. Cons. Stat. § 5701(a) — 2 cases
Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002). “Beam also argues that we may affirm the Commonwealth Court on grounds that that court did not reach, namely, that his airfield is not an airport which, under the applicable statute and regulations, must be licensed.”
Commonwealth v. Rogers, 634 A.2d 245 (Pa. Super. Ct. 1993). “The Commonwealth argues, however, that 74 Pa.C.S. § 5701 is a proper exercise of the police power and, as such, can be enforced against Rogers without first making compensation.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.