AIRPORT HAZARD AREA PERMITS

Houston Code of Ordinances ch. 9, art. VII, div. 3

in effect

Houston Code of Ordinances § 9-751 Potential airport hazard—Structures; airport hazard area permit required.

Sec. 9-751. - Potential airport hazard—Structures; airport hazard area permit required. (a) Any proposed structure or any proposed permanent or temporary improvement to any existing structure that, as described by plans, specifications, application for building permit or other information, would, if constructed or erected, penetrate any airport hazard notification surface, shall constitute a potential airport hazard. (b) It shall be unlawful to place, construct, or erect any potential airport hazard or alter an existing structure to create a potential airport hazard without an AHA permit issued pursuant to this article. (c) A current valid AHA permit that is required by this section is a condition for the approval of a development plat or the issuance of a building permit. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-752 AHA permit procedure—Initial determination.

Sec. 9-752. - AHA permit procedure—Initial determination. (a) Department staff shall review each completed application for a development plat, building permit or other plans to determine whether a proposed structure would, if built or erected, constitute a potential airport hazard. (b) If the department determines that a proposed structure would not penetrate any airport hazard notification surface, no AHA permit shall be required. (c) If the department determines that a proposed structure would penetrate an airport notification surface, an AHA permit shall be required. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-753 AHA permit procedures—FAA submission.

Sec. 9-753. - AHA permit procedures—FAA submission. To obtain an AHA permit, the proponent of a proposed structure shall first submit a Form 7460-1 for the structure to the FAA in accordance with the requirements of section 77.17 of Part 77 and obtain a determination from the FAA as provided in section 77.35 of Part 77. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-754 AHA permit application.

Sec. 9-754. - AHA permit application. (a) Upon receipt of a notice of determination by the FAA, the proponent of a proposed structure shall submit to the department an AHA permit application in the form prescribed by the director, which shall include: (1) The name of the applicant; (2) The address of the proposed structure; (3) The maximum height above ground level of the proposed structure including all appurtenances that extend above roof level; (4) A copy of the Form 7460-1 previously filed with the FAA; (5) The FAA notice of determination for the proposed structure; and (6) Any additional information that the director may reasonably require. (b) No AHA permit application shall be accepted by the director unless it is complete, accompanied by all required documents and information, including all applicable permit fees, and the affidavit required by section 9-708 of this Code, if applicable. (c) The director shall make a determination of completeness in writing to the applicant no later than the tenth business day after the date that the AHA permit application is filed. The determination of completeness shall: (1) Indicate that the application is complete; or (2) Indicate that the application is not complete and specify the documents or other information necessary to complete the application and shall state the date the permit application will expire, which shall be on or after 45 days from the date of the director's determination. (d) If the required additional information is not timely submitted, the AHA permit application shall be deemed to have expired, and a new permit application shall be required. (e) The director shall review each complete AHA permit application, and if in compliance with this article, an AHA permit shall be issued; if not in compliance with this article, the application shall be denied, with a notation of the reasons for denial. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-755 AHA permit review, approval, denial.

Sec. 9-755. - AHA permit review, approval, denial. (a) The director shall review each complete AHA permit application to determine whether an AHA permit can be approved pursuant to this section. (b) The director shall approve an AHA permit application for a proposed structure that penetrates a primary or secondary notification surface only if the final FAA determination for the proposed structure is a "No Hazard to Air Navigation", a "Does Not Exceed", or an "Exceeds But Okay" determination. In all other cases, the director shall deny the AHA permit application. (c) The director shall deny an AHA permit application for a proposed structure that he confirms will penetrate a special one engine inoperative surface. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-756 Expiration.

Sec. 9-756. - Expiration. An AHA permit shall expire if construction has not commenced within two years of the approval of an AHA permit or upon completion of the structure for which it is approved, whichever occurs first. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-757 Revocation of permit; appeal process.

Sec. 9-757. - Revocation of permit; appeal process. (a) In addition to any enforcement remedies allowed by law, whenever the director finds that there are grounds for revocation of an AHA permit, he shall give written notice to the permittee by personal service or by certified mail, return receipt requested, addressed to the applicant at the address set forth in the AHA permit application. The notice shall include: (1) The specific grounds upon which the permit in question may be revoked; (2) The fact that there will be a hearing in which the city will seek the revocation of the permit; (3) The date, time and place of the hearing; (4) The fact that the permittee may appear in person or be represented by an attorney; and (5) Any notice required by other city ordinance. (b) All hearings shall be held by a hearing officer appointed by the director. (c) All hearings shall be conducted under rules consistent with the nature of the proceedings; provided however, that the following specific rules shall also apply: (1) All parties shall have the right to representation by a licensed attorney, though an attorney is not required. (2) Each party may present witnesses in its own behalf. (3) Each party shall have the right to cross-examine all witnesses. (4) Only evidence presented before the hearing officer at the hearing may be considered in rendering the final order. (d) If the permittee fails to appear at the hearing on the date and time specified, the city shall introduce evidence to establish a prima facie case on behalf of the city showing that grounds exist for revocation of the AHA permit. (e) After completion of the presentation of evidence by all parties appearing, the hearing officer shall make written findings and render a written order as to whether or not grounds exist for the revocation of the AHA permit. If grounds exist, the hearing officer shall revoke the permit; provided that he may, in the interest of justice, take such other lesser actions as deemed appropriate including, but not limited to, the temporary suspension of the permit, the revision of the permit, or the addition of permit conditions. A true and accurate copy of the order shall be personally delivered or mailed by certified mail, return receipt requested, to the permittee. (f) In the event an AHA permit is revoked, suspended, or revised, the city shall not be liable to any person for any refund of any part of any permit fees. (g) An action under this section may be appealed to the city council pursuant to Rule 12 of the city council rules of procedure, upon the filing of a written application therefor with the city secretary within ten days from the date the written order is signed by the hearing officer. Filing of an appeal under this section shall not operate to suspend the hearing officer's order thereon. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-758 Fees.

Sec. 9-758. - Fees. The fees that shall be paid by an applicant for an AHA permit, appeals and variances are stated for this article in the city fee schedule. Payment of any applicable fees when due is a condition of the processing of any application under this article. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010; Ord. No. 2011-1168, § 13, 12-14-2011)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH9AV_ARTVIIAIHAARRE_DIV3AIHAARPEFetched: 10/26/2026