620 ILCS 30/ Zoning to Eliminate Airport Hazards Act.

(620 ILCS 30/0.01) (from Ch. 15 1/2, par. 48.100)

Sec. 0.01. Short title. This Act may be cited as the Zoning to Eliminate Airport Hazards Act.

(Source: P.A. 86-1324.)

(620 ILCS 30/1) (from Ch. 15 1/2, par. 48.101)

Sec. 1. The safety, health, welfare and protection of persons and property in the air and on the ground and of the maintenance of electronic communications within this State require that the navigable airspace overlying the State and the approaches to and the air traffic pattern area of any public airport in this State be maintained in a reasonably unobstructed condition for the safe flight of aircraft. To that end, the location, height and identification of structures and the use of land thereto related are regulated.

(Source: Laws 1961, p. 2904.)

(620 ILCS 30/2) (from Ch. 15 1/2, par. 48.102)

Sec. 2. As used in this act, unless the context otherwise requires:

"Approved Airport" means any publicly owned or operated area of land or water, or both, designed and set aside for the taking off and landing of aircraft and utilized or to be utilized in the interest of the public for such purposes and approved as such by the Department;

"Department" means the Division of Aeronautics of the Department of Transportation of the State of Illinois.

"Permit" means a permit issued by the Department under the provisions of this act;

"Person" means any individual, firm, trustee, receiver, partnership, association, business or non-profit corporation, religious corporation, municipal corporation or body politic;

"Structure" means any object constructed or installed by man, including, but without limitation to, buildings, towers, smokestacks and overhead transmission lines.

(Source: P.A. 81-840.)

(620 ILCS 30/3) (from Ch. 15 1/2, par. 48.103)

Sec. 3. Until a permit therefor has been issued by the Department, no person shall erect, add to the height of or replace any structure contravening the provisions of subpart (c) of Part 77 of the Federal Aviation Regulations, as adopted February 3, 1965 and as currently revised, and as applied to any existing or planned facility or use on file with the Department at the time the application for permit is received.

In any instance where permission of or submission to the federal government or some Department thereof is required for the erection of a structure, the Department shall not issue a permit for the erection thereof until evidence of such permission or submission is shown.

(Source: P.A. 78-437.)

(620 ILCS 30/4) (from Ch. 15 1/2, par. 48.104)

Sec. 4. It is not necessary that ownership of, option for, or other possessory right to a specific location site be held by the applicant before application for a permit is filed with the Department but any permit granted by the Department shall, among other things, state the location, either specifically or within a definite area, and also the maximum height allowed for the structure.

(Source: Laws 1961, p. 2904.)

(620 ILCS 30/5) (from Ch. 15 1/2, par. 48.105)

Sec. 5. Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. Such identification characteristics required shall conform to federal laws and regulations where applicable; however, a higher standard of identification may be required under this Act.

(Source: Laws 1961, p. 2904.)

(620 ILCS 30/6) (from Ch. 15 1/2, par. 48.106)

Sec. 6. Upon receiving an application for a permit, the Department shall make such investigation as may be necessary to process the application properly under this Act. Such investigation shall be conducted so as to determine, in the opinion of the Department, a location and height for a structure for the particular purpose proposed in the location proposed as will best serve the safety, health and welfare of persons and property in the area and on the ground and other technical and economical factors involved; provided, however, when the facilities or structures proposed are those of a public utility, no determination, ruling or order of the Department shall be valid or binding on such public utility without, in each such case, the concurrence of the Illinois Commerce Commission.

If, upon such investigation, the Department determines that a permit should not issue or that the height or location should be other than as applied for, the Department shall thereupon notify the applicant in writing of its determination. Such notification may be served by delivering it personally to the applicant or by sending it by first class mail to the applicant at the address specified in the application. Such determination shall become final 20 days after notification thereof is served unless the applicant, within such 20-day period, requests in writing that a hearing be held before the Department with reference to the application. All such hearings shall be open to the public. Any person interested may appear and be heard either in person or by counsel and may present such evidence and testimony as may be pertinent.

(Source: Laws 1961, p. 2904.)

(620 ILCS 30/7) (from Ch. 15 1/2, par. 48.107)

Sec. 7. In any instance where the Department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to the provisions of this Act but concerning which no application for a permit has been filed, it may on its own motion issue an order to such person to appear before the Department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing thereon shall be set out in such order.

(Source: Laws 1961, p. 2904.)

(620 ILCS 30/8) (from Ch. 15 1/2, par. 48.108)

Sec. 8. The conduct of such hearings and any procedures subsequent thereto shall be governed as nearly as possible by the provisions of the "Illinois Aeronautics Act".

(Source: Laws 1961, p. 2904.)

(620 ILCS 30/9) (from Ch. 15 1/2, par. 48.109)

Sec. 9. In addition to any other remedy, the Department may institute in the circuit court an action to prevent, restrain, correct or abate any violation of the provisions of the Act or of any rules, regulations or orders of the Department issued pursuant thereto. The court may grant such relief, by way of injunction (which may be mandatory) or otherwise, as may be necessary under this Act and the rules, regulations and orders of the Department issued pursuant thereto.

(Source: P.A. 79-1361.)

(620 ILCS 30/10) (from Ch. 15 1/2, par. 48.110)

Sec. 10. The Department shall adopt and promulgate, and may from time to time amend or rescind, rules and regulations for the administration of this Act. Such rules and regulations and changes therein shall become effective as provided in "An Act concerning administrative rules", approved June 14, 1951, as amended from time to time, and may be published and distributed at the Department's expense. The Department shall prescribe and furnish forms necessary for the administration of this Act.

(Source: Laws 1961, p. 2904.)

(620 ILCS 30/11) (from Ch. 15 1/2, par. 48.111)

Sec. 11. This Act shall not apply in any instance where the proposed erection, addition to or replacement of a structure is located in an area for which airport approach regulations are effective under "An Act relating to airport zoning", approved July 17, 1945, as amended from time to time.

This Act shall not be construed to require any change in height or location of any structure in existence or in the process of construction on the effective date of this Act.

(Source: Laws 1961, p. 2904.)

(620 ILCS 30/12) (from Ch. 15 1/2, par. 48.112)

Sec. 12. Whoever violates or fails to comply with the provisions of this Act is guilty of a petty offense. Each day's continuance of a violation of this Act shall be deemed a separate and distinct offense.

(Source: P.A. 77-2314.)