Tall Structures Permit Program

Determining if you need a Tall Structures Permit requires a basic understanding of Lee County’s airspace notification criteria and zoning ordinances. An Airport Obstruction Notification Zone is established around Southwest Florida International Airport (RSW) and Page Field (FMY) and consists of an imaginary surface extending outward and upward from any point of any RSW and FMY runway at a slope ratio of 125 to 1 (one foot vertically for every 125 feet horizontally). If any structure (permanent & temporary is expected to penetrate this notification surface, a Lee County Port Authority (LCPA) Tall Structures Permit will be required. In addition, any object or structure within one-half-mile of the RSW Airport Surveillance Radar will require a LCPA Tall Structures Permit.

You need a Tall Structures Permit from the Lee County Port Authority (LCPA) before constructing or raising any temporary or permanent object that meets either of these criteria:

• Penetrates Lee County’s notification surface for Southwest Florida International Airport (RSW) or Page Field (FMY). The notification surface is a specific airspace volume around the airports. Any object exceeding a certain height within this area could potentially interfere with aircraft operations.
• Is located within a half-mile radius of the RSW Airport Surveillance Radar. Objects near the radar can disrupt its functionality.

LCPA administers Tall Structures Permits in two tiers: Tier 1 and Tier 2. The type of permit you need depends on your project’s specifics. The Port Authority will assess your project parameters to determine the appropriate tier:

Tier 1: This applies if your proposed structure does not exceed the height limitations set by the Federal Aviation Regulations (FAR) Part 77. LCPA will review your application based on the criteria outlined in Lee County Administrative Code AC-13-7 Section B(3) before approving or denying your permit.

Tier 2: This applies if your proposed structure exceeds the height limitations of FAR Part 77 or violates Airport Compatibility District regulations or other federal/state rules. In this case, you’ll need to file a separate Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) using FAA Form 7460-1 as per FAR Part 77 requirements. LCPA will then put your permit review process on hold until they receive and review the FAA’s findings on the potential aeronautical impact of your structure.

You generally don’t need a permit if your object clearly does not:

• Penetrate the notification surface for RSW or FMY airports.
• Fall within a half-mile radius of the RSW Airport Surveillance Radar.

There are no fees associated with obtaining a Tall Structures Permit from LCPA or an Aeronautical Study from the FAA.

If LCPA determines the project will need to submit Form 7460-1 with the FAA, LCPA will notify the applicant in writing that the proposed structure may adversely affect the airspace surrounding LCPA airports within 30 calendar days of the submittal of a COMPLETE application. For reference, please see an example tall structures permit application. LCPA will also notify the applicant in writing that they must file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) through the submittal of FAA Form 7460-1 per the requirements outlined in FAR Part 77.

THIS PROCESS MAY TAKE UP TO 120 DAYS, SO MAKE SURE TO FILE EARLY.

Tier 1:

• Unless the applicant agrees to an alternative review period, LCPA has 30 calendar days to issue a written response to a COMPLETE Tall Structures Permit application or issue a Tier 1 Tall Structures Permit.

Tier 2:

• If LCPA determines the proposed structure exceeds federal notification criteria contained in Federal Aviation Regulations (FAR) Part 77, or otherwise violates any provisions of the Airport Compatibility District or any applicable federal or state rules or regulations, LCPA will notify the applicant in writing that the proposed structure may adversely affect the airspace surrounding LCPA airports within 30 calendar days of the submittal of a COMPLETE application.

The applicant must file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) through the submittal of FAA Form 7460-1 per the requirements outlined in FAR Part 77. THIS PROCESS MAY TAKE UP TO 120 DAYS, SO MAKE SURE TO FILE EARLY. LCPA will suspend the Tall Structures Permit review process until FAA findings of aeronautical effect are received and reviewed.

Once the applicant obtains the necessary FAA findings of aeronautical effect, it is their responsibility to forward them, along with an updated Tall Structures Permit application to LCPA in order to continue the Tall Structures Permit review process. LCPA will have an additional 35 calendar days to consider the review criteria in Lee County Administrative Code AC-13-7 Section B(3) in conjunction with the FAA findings of aeronautical effect, forward the application to FDOT for a 15 day concurrent review and comment period and issue a Tier 2 Permit approval or denial. A Tier 2 Tall Structures Permit will be valid for a period of one year after the date of issuance, unless otherwise noted on the permit.

*PLEASE NOTE: The review period for a Tall Structures Permit does not begin until LCPA receives and accepts a COMPLETE Tall Structures Permit application. LCPA may request the applicant to make revisions to the information provided before accepting an application*

All projects are required to go through the Tier 1 or Tier 2 permitting process and must plan accordingly; however, we realize that emergencies do happen. LCPA may use discretion during the permitting process for very short-term projects, typically involving a temporary crane for air conditioning replacement or other last-minute maintenance items. If you believe your project matches the above criteria, please fill out a Short Term/Emergency/Temporary Equipment Tall Structures Permit Application and return to LCPA’s Planning & Environmental Compliance Department via email.

Many projects may have multiple points. For example, the permanent structure may have multiple building corners, cranes and light poles, etc. When this is the case, the sponsor should submit the tallest point that is closest to the nearest runway for each object. For larger projects with multiple points, please attach site plans, drawings or aerials along with the Tall Structures Permit Application.

For projects using temporary equipment (cranes, drills, concrete pumper trucks etc.), please include a box on a site plan or aerial that covers the entire crane working area (consider the full horizontal reach of the equipment) and label each corner of the box with GPS coordinates in degrees, minutes and seconds. For reference, please see an example tall structures permit application.

All new temporary and permanent equipment/construction materials are required to undergo the Tier 1 or Tier 2 permitting process and are not considered as shielded regardless of the heights and locations of surrounding objects. If the proposed project requires an airspace study, the FAA may use discretion where shielding is present.