Section 259.482a - Issuance of permit allowing construction, replacement, or increase in height of certain structures; conditions(1) The commission shall not issue a permit allowing construction, replacement, or an increase in height of a structure that violates the requirements of an applicable zoning ordinance adopted by a political subdivision under the airport zoning act, 1950 (Ex Sess) PA 23, MCL 259.431 to 259.465, unless the applicant has obtained the approval of a variance from the ordinance and an airspace study has been conducted by the commission resulting in a finding of noninterference to air navigation.(2) Unless an airspace study has been made by the commission resulting in a finding of noninterference to air navigation, the commission shall not issue a permit allowing construction of any of the following structures, or replacement of or an increase in the height of a structure that creates any of the following structures:(a) A structure that is over 500 feet above ground elevation at the structure's site and that is within 2 miles of a well-defined natural landmark such as a shoreline or river; a manmade landmark such as a railroad, canal, or road; or a low altitude airway.(b) A structure of a height that would increase the minimum obstruction clearance altitude, the minimum safe altitude prescribed by the FAA, or the minimum altitude required for a safe instrument approach.(c) A structure that would encroach into a runway's primary surface.(d) A structure of a height that would penetrate a runway's approach surface.(e) A structure of a height that would penetrate a runway's transitional surface.(f) A structure of a height that would penetrate a runway's horizontal surface.(g) A structure of a height that would penetrate a runway's conical surface.(h) A structure that would encroach into a heliport primary surface.(i) A structure of a height that would penetrate a heliport approach surface.Amended by 2016, Act 28,s 2, eff. 5/30/2016.Add. 1986, Act 296, Eff. 4/1/1987.