STEP 1: Download and complete the application
Download and complete the Lee County Port Authority (LCPA) Tall Structures Permit Application. Be sure to include accurate coordinates, heights and finished site elevations for the tallest points of your project. For projects that involve permanent structures, include additional attachments such as site plans and drawings. For projects using temporary equipment (cranes, drills, concrete pumper trucks etc.), please include a box on a site plan or aerial that covers the entire crane working area (consider the full horizontal reach of the equipment) and label each corner of the box with GPS coordinates in degrees, minutes and seconds. For reference, please see an example tall structures permit application in Links & Documents.
STEP 2: Submit the application to the LCPA
Submit the application and attached drawings/site plans to the LCPA Planning & Environmental Compliance Department via email for review. The permit application will be reviewed for compliance with Lee County Land Development Code, Sec. 34-1000, Airport Compatibility District; Florida Administrative Code AC-13-7; Florida Statutes, Chapter 333, Airport Zoning; and Federal Aviation Administration (FAA) 14 Code of Federal Regulations, Part 77, Safe and Efficient Use of the Navigable Airspace.
Planning & Environmental Compliance Department
Lee County Port Authority
STEP 3: LCPA will determine what tier of Tall Structures Permit will be required for your project
Based on your project parameters, LCPA will determine what tier of permit will be required for your project (Tier 1 or Tier 2) and give you further directions. Information about each tier can be found below.
- Tier 1 - If LCPA determines the proposed project does not exceed federal notification criteria contained in Federal Aviation Regulations (FAR) Part 77, LCPA will review the application using criteria in Lee County Administrative Code AC-13-7 Section B(3) before issuing a Tier 1 Tall Structures Permit. Unless the applicant agrees to an alternative review period, LCPA has 30 calendar days to issue a written response to a COMPLETE Tall Structures Permit Application. A Tier 1 Tall Structures Permit will be valid for a period of one year after the date of issuance, unless noted otherwise on the permit.
- Tier 2 - If LCPA determines the proposed structure exceeds federal notification criteria contained in Federal Aviation Regulations (FAR) Part 77, or otherwise violates any provisions of the Airport Compatibility District or any applicable federal or state rules or regulations, LCPA will notify the applicant in writing that the proposed structure may adversely affect the airspace surrounding LCPA airports within 30 calendar days of the submittal of a COMPLETE application.
A. The applicant must file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) through the submittal of FAA Form 7460-1 per the requirements outlined in FAR Part 77. THIS PROCESS MAY TAKE UP TO 120 DAYS, SO MAKE SURE TO FILE EARLY. LCPA will suspend the Tall Structures Permit review process until FAA findings of aeronautical effect are received and reviewed.
B. Once the applicant obtains the necessary FAA findings of aeronautical effect, it is their responsibility to forward them, along with an updated Tall Structures Permit application to LCPA in order to continue the Tall Structures Permit review process. LCPA will have an additional 35 calendar days to consider the review criteria in Lee County Administrative Code AC-13-7 Section B(3) in conjunction with the FAA findings of aeronautical effect, forward the application to FDOT for a 15 day concurrent review and comment period and issue a Tier 2 Permit approval or denial. A Tier 2 Tall Structures Permit will be valid for a period of one year after the date of issuance, unless otherwise noted on the permit.
STEP 4: Comply with the conditions of your permit
If your LCPA Tall Structures Permit is approved, there will be stipulations associated with your permit, and if applicable, your FAA findings of aeronautical effect. These stipulations are used to properly mitigate any hazards to air navigation that can occur as a result of using the temporary and permanent structures. These stipulations include, but are not limited to:
- Proper marking/lighting for you structure(s)
- Notifications to airport personnel prior to operation
- If applicable, notifications to FAA office prior to operation
- Conditions for operation (weather, visibility)
- Times of operation (sunrise to sunset)
The project sponsor is required by law to comply with these stipulations. A copy of the permit should always be kept visible on the job site and furnished to authorities upon request.