Tall Structures Program Information

Flight procedures and airspace around airports are protected by what is known as "imaginary surfaces" that extend outward and upward from airport runways at varying angles or slopes. When proposed development, natural growth/formations or temporary objects penetrate these surfaces, the potential of compromising safety and utility is present. To that end, Lee County established a notification requirement for all stakeholders (developers, crane operators, construction contractors, etc.) to acquire a permit when a proposed object, permanent or temporary, penetrates the notification surface. The notification surface is a two-dimensional plane typically referred to as the “125-to-1” since it extends upward at a ratio of 125:1 (125-feet horizontally for every 1-vertical foot) from each edge of the runway pavement. The Airport Obstruction Zone also includes the area within a one-half mile radius from the Airport Surface Radar.

If a temporary or permanent object is expected to penetrate Lee County’s notification surface for RSW or FMY, a Tall Structures Permit is required before the proposed object is raised/constructed. In addition, any object or structure within one-half mile of the RSW Airport Surveillance Radar will require a Tall Structures Permit approved by LCPA. If an object will clearly not penetrate the notification surface or is not located within a one-half mile radius from the Airport Surface Radar, then a permit is not required. NOTE: ALL OBJECTS THAT EXCEED 125 FEET ABOVE GROUND LEVEL WILL REQUIRE A TALL STRUCTURES PERMIT.

Tall Structures Permits are administered by the Lee County Port Authority (LCPA) as Tier 1 or Tier 2. LCPA will determine what type of permit will be required based on your project parameters. Definitions of each permit tier can be found below:

Tier I: The proposed structure does not exceed federal notification criteria contained in FAR Part 77. LCPA will review the application using the criteria in Lee County Administrative Code AC-13-7 Section B(3) before issuing approval or denial of the Tier 1 Tall Structures Permit.

Tier II: The proposed structure exceeds federal notification criteria contained in FAR Part 77, or otherwise violates any provisions of the Airport Compatibility District or any applicable federal or state rules or regulations. 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. LCPA will suspend the Tall Structures Permit review process until FAA findings of aeronautical effect are received and reviewed by LCPA.

Short Term/Emergency/Temporary Equipment: Short Term/Emergency/Temporary Equipment Tall Structures Permits are evaluated by LCPA on a case-by-case basis to address airspace issues. The applicant must submit a completed Tall Structures Permit Application and obtain a permit from the Lee County Port Authority before erecting equipment on a short term, temporary, emergency basis. For short term, temporary, emergency equipment, the permit may be in the form of written approval. Failure to obtain a permit from LCPA is subject to enforcement in accordance with F.S. §333.09(3) and F.S. § 333.13.

How do I know if I need a Tall Structures Permit?