Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 (1934)
The Ministry of Civil Aviation issued notification number G.S.R. 751(E) on 30 September 2015, creating height controls for structures and trees around listed civil and defence aerodromes to protect aircraft operations. The notification supersedes Ministry of Civil Aviation notification number S.O. 84(E), dated 14 January 2010, except for things already done or omitted before the supersession.
What the rules govern
The Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 apply to all civil and defence aerodromes listed in Schedules III to VII, as amended from time to time. A property in Tamil Nadu is affected if it falls within a controlled area around one of those listed aerodromes.
The controls cover buildings, towers, chimneys, poles, transmission lines, elevated roads, bridges, elevated railway lines, wind farms and other man-made structures. They also cover trees.
Main restrictions
The Ministry of Civil Aviation rules establish the following controls:
- A height clearance No Objection Certificate is generally required before constructing a structure or planting or growing a tree within a radius not exceeding twenty kilometres from an aerodrome reference point.
- Construction and tree planting are prohibited in the areas specified in Schedule I, except for essential navigational aids and installations required for aeronautical purposes.
- Structures and trees must not exceed the heights specified in Schedule II within a radius of twenty kilometres from the aerodrome reference point.
- Level roads and level railway lines within one kilometre of an airport boundary wall also require a No Objection Certificate.
Approval process
For civil aerodromes, the designated officer issues the No Objection Certificate on behalf of the Central Government. Applications must be made through the No Objection Certificate Application System on the Airports Authority of India website. For defence aerodromes, an officer authorised by the defence authorities issues the certificate.
The Airports Authority of India may publish Colour Coded Zoning Maps showing permissible heights above mean sea level around civil aerodromes. Where such a map exists, local, municipal, town planning and development authorities may approve structures within the mapped height limits, subject to building regulations and other applicable laws. A separate No Objection Certificate remains compulsory in approach, take off, transitional and other specifically marked areas.
Who is affected
Property owners, developers and buyers should check the permitted elevation before planning or assessing construction near a listed aerodrome. Local planning authorities and airport operators must monitor whether structures match approved plans, locations and height clearances.
A person, planning authority or airport operator dissatisfied with a designated officer's height decision may appeal to the Appellate Committee. Applications may also be physically checked by chartered engineers or surveyors assigned by the Airports Authority of India, with the applicant bearing the expense.
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Common questions
Do I need an airport height clearance before building near an aerodrome?
A No Objection Certificate is generally required for a structure on land within a radius not exceeding twenty kilometres from the aerodrome reference point of a listed civil or defence aerodrome. Limited cases covered by the Colour Coded Zoning Map approval process may not require a separate certificate.
Where do I apply for a No Objection Certificate for a civil aerodrome?
The application must be submitted to the designated officer through the No Objection Certificate Application System available on the Airports Authority of India website at www.aai.aero.
Do the height restrictions apply only to buildings?
No. They also cover trees, masts, towers, chimneys, poles, transmission lines, elevated roads, bridges, elevated railway lines, wind farms and other man-made structures.
Can I challenge the height allowed by the designated officer?
Yes. An affected person, local authority or airport operator may appeal the designated officer's decision to the Appellate Committee.