Bill aims to make Ohio’s aviation regulations great again
Ohio is called the birthplace of aviation, and some lawmakers are again trying to advance legislation that proponents said would allow the Ohio Department of Transportation to properly manage Ohio’s airports.
State Reps. Jamie Callender, R-Concord, and Sarah Fowler Arthur, R-Ashtabula, introduced House Bill 333, the Airspace Protection Act. According to a release, both lawmakers “are avid aviators and pilots.”
Their legislation would effectively align Ohio law with federal law and Federal Aviation Administration regulations specific to navigable airspace and air navigation obstructions. The measure has been assigned to the House Transportation Committee and awaits a first hearing.
“Ohio’s airports are essential to business and recreation,” Fowler Arthur said in a release. “The Airspace Protection Act will ensure Ohio remains the birthplace and future of aviation by modernizing state laws and processes to reflect current aviation needs and practices.”
The Ohio Aviation Association expressed appreciation for the reintroduction of the legislation.
“This legislation is vital to protecting the safety of pilots and passengers flying in and out of Ohio airports from future tall structures,” OAA Executive Director Tony Fiore said in a release.
“It also lays the groundwork for future airspace plans regarding drone and Electric Vertical Takeoff and Landing (eVTOL) aircraft activity,” Fiore added. “The longer it takes to enact this legislation the further back it places Ohio aviation among states across the country.”
The bill’s sponsors say the proposal would streamline the administrative process by specifying that ODOT must perform its permit study and review concurrently with the FAA’s review. The state agency must grant or deny the ODOT permit within 75 days after the FAA hands down its final determination.
If approved and signed into law, the measure requires anyone who must file a notice with the FAA to also file for a permit with ODOT, the relevant airport zoning board, or the Power Siting Board before installing or altering a structure or “object of natural growth.”
Anyone who fails to do so will face a third-degree misdemeanor charge.
While the federal government generally has authority over the country’s airspace, state and local governments manage land use, zoning, and police regulations supporting federal navigable airspace regulations.
“Proposed construction can be an obstruction but not a hazard,” Fiore said in prepared testimony on last year’s version. “This happens if an airport’s operations do not hit a high enough number to be ‘significant’ and ‘substantial’ according to the FAA’s criteria.
“The FAA reviews impacts to airport plans that are up to date and on file with the FAA. Not all airports have airport layout plans, and some may not be current,” Fiore added. “For example, a community may be working closely to attract a business that favors using a local airport yet cannot share the information until the deal is done. That potential community business might require a certain type of runway approach or certain length of runway and just one obstruction can make that airport unusable thereby negatively impacting an entire community.”
State Rep. Adam Holmes, R-Nashport, introduced the measure during the 134th General Assembly as House Bill 490. Callender and Fowler Arthur introduced the bill during the last legislative session as House Bill 185, but it didn’t advance beyond the committee stage
Ohio has 176 public airfields in 84 of its 88 counties, eight commercial airports and hundreds of private airfields. According to the FAA, 21,398 Ohioans, including 8,940 students, have a pilot’s license.
With the total, the Buckeye State has the second most pilots of any state in the Great Lakes region, behind Illinois. Ohio also ranks in the top 10 states nationwide for the number of aviators.
“By ensuring Ohioans are able to continue making safe use of Ohio’s airports, we will enable future generations to take to the skies and see all the world has to offer,” Callender said in a release.
