North Dakota law preempts local zoning to enforce airport hazard height limits, prohibiting structures that penetrate FAA Part 77 imaginary surfaces around public-use airports regardless of city setback or height ordinances.
NDCC chapter 2-04 authorizes airport hazard zoning and requires that no structure be erected, altered, or maintained that exceeds height limits around airports. NDCC 2-04-04 obligates the airport authority or political subdivision to adopt zoning consistent with FAA Part 77 obstruction standards. Any structure exceeding 200 feet, or penetrating approach, transitional, horizontal, or conical surfaces, requires permitting and FAA Form 7460-1 notice. Local height allowances cannot override these airspace protections. The state aeronautics commission may seek injunctions against non-conforming structures, and existing nonconforming uses cannot be expanded.
Injunctions to remove or lower structures; daily civil penalties; mandatory marking and lighting at owner expense; denial of building permits within airport hazard zones.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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