Frequently Asked Questions


1. How do I know if I need a Tall Structures Permit?

Determining if you need a Tall Structures Permit requires a basic understanding of Lee County’s airspace notification criteria and zoning ordinances. An Airport Obstruction Notification Zone is established around Southwest Florida International Airport (RSW) and Page Field (FMY) and consists of an imaginary surface extending outward and upward from any point of any RSW and FMY runway at a slope ratio of 125 to 1 (one foot vertically for every 125 feet horizontally). If any structure (permanent & temporary is expected to penetrate this notification surface, a Lee County Port Authority (LCPA) Tall Structures Permit will be required. In addition, any object or structure within one-half-mile of the RSW Airport Surveillance Radar will require a LCPA Tall Structures Permit. Please see example below to determine whether your project will require a Tall Structures Permit from LCPA.

NOTE: ALL OBJECTS THAT EXCEED 125 FEET ABOVE GROUND LEVEL WILL REQUIRE A TALL STRUCTURES PERMIT.

See example below:

Tall Structure Permit Equation with Mathematical Example

2. How do I know if I will have to submit Form 7460-1 with the Federal Aviation Administration (FAA)?

If LCPA determines the project will need to submit Form 7460-1 with the FAA, 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. LCPA will also notify the applicant in writing that they 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. 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. NOTE: ALL OBJECTS THAT EXCEED 200 FEET ABOVE GROUND LEVEL WILL REQUIRE SUBMITTAL OF FORM 7460-1 WITH THE FAA.

Highlighted red box with tall structure slope ratio example

3. Are any fees associated with obtaining a Tall Structures Permit or FAA Aeronautical Study?

There are no fees associated with obtaining a Tall Structures Permit from LCPA or an Aeronautical Study from the FAA

4. How long will it take to get my Tall Structures Permit?

Tier 1: 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 or issue a Tier 1 Tall Structures 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.

      • 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 Florida 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.

*PLEASE NOTE: The review period for a Tall Structures Permit does not begin until LCPA receives and accepts a COMPLETE Tall Structures Permit application. LCPA may request the applicant to make revisions to the information provided before accepting an application*

5. What if my equipment/construction materials will only be up for a short period of time?

All projects are required to go through the Tier 1 or Tier 2 permitting process and must plan accordingly; however, we realize that emergencies do happen. LCPA may use discretion during the permitting process for very short-term projects, typically involving a temporary crane for air conditioning replacement or other last-minute maintenance items. If you believe your project matches the above criteria, please fill out a Short Term/Emergency/Temporary Equipment Tall Structures Permit Application and return to LCPA’s Planning & Environmental Compliance Department via email.

6. What if my project has multiple points for structures and equipment?

Many projects may have multiple points. For example, the permanent structure may have multiple building corners, cranes and light poles, etc. When this is the case, the sponsor should submit the tallest point that is closest to the nearest runway for each object. For larger projects with multiple points, please attach site plans, drawings or aerials along with the Tall Structures Permit Application.

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.

7. What if my equipment/construction materials will be shielded by existing trees and buildings?

All new temporary and permanent equipment/construction materials are required to undergo the Tier 1 or Tier 2 permitting process and are not considered as shielded regardless of the heights and locations of surrounding objects. If the proposed project requires an airspace study, the FAA may use discretion where shielding is present.

8. What do I do if I am still unsure if my project will require a Tall Structures Permit or if I have additional questions?

Please contact LCPA using the information below:

Contact Us

Planning & Environmental Compliance Department
Lee County Port Authority
239-590-4609
Email