FAA building height restrictions kick in for any structure taller than 200 feet above ground level anywhere in the United States, and they can reach structures far shorter than that when the site sits near an airport or heliport.1eCFR. 14 CFR Part 77 – Safe, Efficient Use, and Preservation of the Navigable Airspace The FAA’s determinations are technically advisory, but local building departments lean on them heavily, financing dries up without them, and skipping the filing exposes you to civil penalties of $1,000 for every day construction proceeds without notice. The rules apply to permanent buildings, wind turbines, antennas, and temporary equipment like tower cranes.
When You Have to File Notice
Notification is required if your proposed structure hits any of the following triggers. The 200-foot rule gets the attention, but the airport-proximity triggers catch the projects developers didn’t expect to be caught.
- Any structure exceeding 200 feet above ground level at its site, regardless of distance to any airport.1eCFR. 14 CFR Part 77 – Safe, Efficient Use, and Preservation of the Navigable Airspace
- A structure that penetrates a 100-to-1 slope extending 20,000 feet from the nearest runway, at airports with a longest runway over 3,200 feet.
- A structure that penetrates a 50-to-1 slope extending 10,000 feet from the nearest runway, at airports with a longest runway of 3,200 feet or shorter.
- A structure that penetrates a 25-to-1 slope extending 5,000 feet from a heliport’s nearest landing area.
Translating the slopes: a 100-to-1 slope gives you one foot of allowable height for every 100 feet of distance from the runway. A building 5,000 feet from a major runway triggers notification at 50 feet tall. Well below the height most people associate with FAA review.
The Shielding Exception
Not every project that crosses a threshold requires a filing. If your structure will be shielded by existing permanent structures or natural terrain of equal or greater height, and the site is in a congested urban area where the project won’t affect air navigation safety, notice is not required.1eCFR. 14 CFR Part 77 – Safe, Efficient Use, and Preservation of the Navigable Airspace In practice, this covers infill construction in dense downtowns where surrounding buildings already block the relevant airspace. When in doubt, file. An unnecessary filing is cheap; a missed one is not.
The Imaginary Surfaces That Set Your Ceiling
The FAA evaluates proposed structures against a set of three-dimensional surfaces around each airport. These invisible boundaries form the ceiling for airport-adjacent construction, and your project’s maximum allowable height depends on which surface it would penetrate.
The Five Surfaces
- The primary surface, a flat plane centered on the runway that extends 200 feet beyond each end of a paved runway. For unpaved runways it ends at the runway’s edge.2eCFR. 14 CFR 77.19 – Civil Airport Imaginary Surfaces
- The horizontal surface, a flat plane 150 feet above the airport elevation that caps the inner airspace.2eCFR. 14 CFR 77.19 – Civil Airport Imaginary Surfaces
- The conical surface, extending outward and upward from the edge of the horizontal surface at a 20-to-1 slope for 4,000 feet.2eCFR. 14 CFR 77.19 – Civil Airport Imaginary Surfaces
- The transitional surface, sloping outward and upward at 7 to 1 from the sides of the primary and approach surfaces.1eCFR. 14 CFR Part 77 – Safe, Efficient Use, and Preservation of the Navigable Airspace
- The approach surface, extending outward and upward from each runway end along the extended centerline. Its length and slope depend on the runway type.
Approach Surfaces by Runway Type
Approach surfaces produce the most restrictive height limits because they protect the flight path where aircraft fly closest to the ground. The more sophisticated the runway’s approach capability, the longer and flatter the protected surface.2eCFR. 14 CFR 77.19 – Civil Airport Imaginary Surfaces
- Visual and utility runways: 5,000 feet at a 20-to-1 slope.
- Non-precision instrument runways: 10,000 feet at a 34-to-1 slope.
- Precision instrument runways: 10,000 feet at 50 to 1, followed by another 40,000 feet at 40 to 1. This is where height restrictions reach miles from the airport.
Notification thresholds are measured in feet above ground level, but final height determinations use elevation above mean sea level. That distinction matters when you’re building on elevated terrain near an airport. Your absolute elevation, not just your height above the ground beneath you, decides whether the structure penetrates a surface.
How to File and When
When notification is required, you file FAA Form 7460-1, Notice of Proposed Construction or Alteration.3Federal Aviation Administration. FAA Form 7460-1 Notice of Proposed Construction or Alteration The form collects location coordinates, height, construction timeline, and structure type. Filing is done electronically through the FAA’s Obstruction Evaluation/Airport Airspace Analysis portal at oeaaa.faa.gov, which speeds processing.
The critical deadline: your notice must reach the FAA at least 45 days before either the planned start of construction or the date you file for a local building permit, whichever comes first.3Federal Aviation Administration. FAA Form 7460-1 Notice of Proposed Construction or Alteration File earlier when you can. Complex projects often take 60 days or more, and construction cannot start until you have a determination in hand.
Construction Cranes Count
Tower cranes and other temporary equipment carry the same notification obligation as the buildings they help construct. A crane over 200 feet AGL, or one that penetrates an airport surface, needs its own 7460-1, even after the finished building has already been cleared. When the crane comes down, a supplemental notice closes the case.
The Supplemental Notice
Form 7460-1 isn’t the end of the paperwork. Form 7460-2 must be filed at two points: at least 48 hours before construction begins, and within 5 days after the structure reaches its greatest height.4Federal Aviation Administration. FAA Form 7460-2 Notice of Actual Construction or Alteration These filings keep aeronautical charts and instrument procedures current.
What the FAA Decides
After receiving the 7460-1, the FAA conducts an aeronautical study and issues one of two determinations: Determination of No Hazard to Air Navigation, or Determination of Hazard to Air Navigation. A No Hazard letter means the agency has no objection at the proposed height and location, though it may impose conditions such as obstruction marking and lighting. A Hazard determination means the FAA concluded the structure would adversely affect the safe and efficient use of airspace.
A Hazard determination doesn’t kill the project on its own. The FAA has no land use authority and cannot directly block construction.5Federal Aviation Administration. FAA Obstruction Evaluation (OE) Process Practically though, most local permitting authorities will not issue a building permit while a Hazard determination sits on the record, and lenders tend to walk away. You can lower the project, redesign it, or petition for review.
How Long a Determination Lasts
A determination expires 18 months from the date it’s issued.6Federal Aviation Administration. Chapter 7 – Determinations If construction hasn’t started by then, you file again. Determinations covering existing structures with no proposed physical changes don’t expire.
A one-time 18-month extension is available, but the window is narrow: the request must be received no earlier than 90 days and no later than 15 days before expiration.7Federal Aviation Administration. Extension of Determinations The FAA grants the extension only if nothing has changed that would create a new adverse effect on airspace. A new flight procedure published in the interim can be enough to force a fresh study.
Challenging a Hazard Determination
If you receive a Hazard determination, you can petition the FAA for discretionary review in writing within 30 days of the determination’s issuance.8eCFR. 14 CFR Part 77 Subpart E – Petitions for Discretionary Review When the 30th day is a weekend or federal holiday, the deadline moves to the next business day.
The petition is not a second bite at the same apple. You must present new information or aeronautical facts that weren’t part of the original study; the FAA will not re-examine the same evidence because you disagree with the result.8eCFR. 14 CFR Part 77 Subpart E – Petitions for Discretionary Review If the petition is granted, the FAA opens a new review on the specific issues identified and may revise, affirm, or reverse the original finding. If it’s denied, the original determination becomes final.
Marking, Lighting, and Outage Reporting
Even a No Hazard determination often comes with obligations to make the structure visible to pilots. The FAA’s standards for marking and lighting are in Advisory Circular 70/7460-1M.9Federal Aviation Administration. AC 70/7460-1M – Obstruction Marking and Lighting Marking usually means painting the structure in alternating bands of aviation orange and white. Lighting requirements range from low-intensity steady-burning lights on shorter structures to high-intensity flashing white lights on tall towers, and your determination letter will specify what applies.
Keeping the lights working is your ongoing responsibility. Any failure of a top light, flashing obstruction light, or wind turbine lighting that lasts more than 30 minutes must be reported immediately so a Notice to Air Missions (NOTAM) can be issued.10Federal Aviation Administration. Advisory Circular Obstruction Marking and Lighting You report outages to the FAA Outage Reporting line at 877-487-6867 and call back when the lights are restored so the NOTAM can be closed. Failures of steady-burning side or intermediate lights don’t require immediate reporting but should be repaired promptly.
FAA Determinations Are Not Building Permits
An FAA determination is not a construction permit, and the FAA has no authority over land use.5Federal Aviation Administration. FAA Obstruction Evaluation (OE) Process A No Hazard letter does not override federal, state, or local zoning law, building code, or ordinance.11eCFR. 14 CFR 157.7 – FAA Determinations Every local permit your jurisdiction requires still applies.
The relationship runs both ways. Many local governments require an FAA determination before they’ll issue a building permit or height variance near an airport, and the FAA relies on those local authorities to enforce the Part 77 notice requirement because it has no inspectors checking construction sites. The determination is technically advisory. Its practical weight in permitting is not.
Penalties for Skipping the Process
Anyone who knowingly and willfully violates the Part 77 notice requirements faces a civil penalty of $1,000 for each day the violation continues, until the FAA receives proper notice.4Federal Aviation Administration. FAA Form 7460-2 Notice of Actual Construction or Alteration The daily penalty accrues from the date construction began without a filing, not from the date the FAA discovered the violation. Exposure on a long project compounds fast.
Beyond the per-day notice penalty, the FAA holds broader civil penalty authority for aviation-related violations. Individuals and small businesses can face up to $100,000 per enforcement action; larger entities up to $1,200,000.12Office of the Law Revision Counsel. 49 U.S. Code 46301 – Civil Penalties The FAA cannot order you to tear a structure down, but the combination of daily penalties, permitting problems at the local level, and the liability exposure if an unmarked structure contributes to an aviation accident is enough to make compliance the only sensible choice.