Massachusetts Statewide Rule

Massachusetts Airport Approach Structure Height Limits

Heavy RestrictionsApplies statewide across Massachusetts (2026)

Massachusetts regulates structure heights near public-use airports statewide through the Aeronautics Division, requiring permits for tall structures that may obstruct navigable airspace under MGL Chapter 90 Appendix.

Key Facts

Statute: MGL c. 90 App.
Trigger Height: 200 feet AGL
Authority: MassDOT Aeronautics
Federal Tie-In: FAR Part 77

Source: Massachusetts General Court

Full Breakdown

Under MGL c. 90, App. 1-1 through 1-9, the Massachusetts Department of Transportation Aeronautics Division enforces airport approach protection consistent with FAR Part 77. Any structure exceeding 200 feet above ground or penetrating airport imaginary surfaces requires state airspace review and FAA Form 7460-1 filing. This authority preempts inconsistent local zoning that would permit obstructions to navigable airspace under the doctrine of state preemption in MGL c. 90 App. 1-13.

Violations & Penalties

Construction halt orders, civil penalties up to $1,000 per violation under MGL c. 90 App., mandatory marking and lighting, removal of unpermitted obstructions.

Frequently Asked Questions

Does state airspace law preempt local zoning?

Yes, MGL c. 90 Appendix grants the Aeronautics Division authority over airport approach areas, preempting local zoning that would allow airspace obstructions.

When is FAA Form 7460-1 required in Massachusetts?

It is required for any structure over 200 feet AGL or any structure penetrating Part 77 surfaces near a public-use airport, regardless of local height rules.

Can towns set lower height limits than state law?

Yes, local zoning can set lower height limits, but cannot authorize structures that would penetrate state-protected airspace surfaces near airports.

Sources

MGL c. 90 Appendix Aeronautics

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Full Breakdown

Frequently Asked Questions

Does state airspace law preempt local zoning?

Yes, MGL c. 90 Appendix grants the Aeronautics Division authority over airport approach areas, preempting local zoning that would allow airspace obstructions.

When is FAA Form 7460-1 required in Massachusetts?

It is required for any structure over 200 feet AGL or any structure penetrating Part 77 surfaces near a public-use airport, regardless of local height rules.

Can towns set lower height limits than state law?

Yes, local zoning can set lower height limits, but cannot authorize structures that would penetrate state-protected airspace surfaces near airports.