24 Va. Admin. Code § 5-20-210
This process shall not be applicable in those counties, cities, and towns which have satisfied the local ordinance provisions of § 15.1-491.02 of the Code of Virginia. See 24VAC5-20-220.
Any person seeking an obstruction permit from the board, as required by § 5.1-25.1 of the Code of Virginia, pertaining to structures hazardous to air navigation shall submit to the department a permit request on such forms as prescribed by the department, including any ancillary data required by the department.
Upon receipt of such request, the department shall (i) notify the applicant of said receipt and supply available information pertaining to the obstruction analysis, with the date and location of the applicable board meeting; (ii) conduct an analysis of the request using the criteria in 24VAC5-20-190 and 24VAC5-20-200 within 90 days from the date of receipt, unless it advises the applicant that such analysis will take longer; (iii) shall forward to the board its analysis in the form of a staff report with the concurrent recommendations regarding the permit request.
The board shall consider each permit request at the next regularly scheduled meeting, following the completion of the department staff report. Its consideration may include, but is not limited to, the department's staff report, any verbal and written testimony of the applicant, any analysis of the Federal Aviation Administration, and any comments from the local jurisdiction or jurisdictions where the structure is to be located. All decisions issued by the board shall be issued in writing stating the reasons for same. Any affirmative decision may be accompanied by conditions deemed appropriate by the board including, but not limited to, obstruction marking, lighting, and similar safety features.
The applicant, if given an affirmative decision by the board, shall not be relieved by that decision of any local requirements as to zoning, building, variance, or other permits as may be required.
24 Va. Admin. Code § 5-20-210
Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.