To amend sections 4561.01, 4561.021, 4561.05, 4561.06, 4561.08, 4561.09, 4561.11, 4561.12, 4561.14, 4561.15, 4561.31, 4561.32, 4561.33, 4561.34, 4561.341, 4561.35, 4561.36, 4561.37, 4561.38, 4561.39, 4561.99, 4563.01, 4563.03, 4563.031, 4563.032, 4563.04, 4563.05, 4563.06, 4563.07, 4563.08, 4563.09, 4563.10, 4563.11, 4563.12, 4563.13, 4563.16, 4563.18, 4563.20, 4563.21, and 4906.10; to enact section 4561.40; and to repeal section 4561.30 of the Revised Code to make changes to the laws regarding navigable airspace and to name this act the Airspace Protection Act.
HB333, titled the Airspace Protection Act, revises Ohio law governing aviation, navigable airspace, airport zoning, and obstruction review. The bill updates definitions in the aviation code to include modern facilities such as heliports, vertiports, and spaceports, and it expands the Department of Transportation’s Office of Aviation authority over airport planning, safety rules, inspections, permits, and coordination with federal aviation standards. It also revises the process for reviewing structures and natural growth that may penetrate protected airspace, tying state review more closely to FAA Part 77 notice and hazard determinations.
The bill creates a new section limiting liability for the Department of Transportation and the Office of Aviation when an obstruction causes damage in specified circumstances, including where a structure or object was built without a permit, was not compliant with a permit, or was approved through power siting board or airport zoning board processes. It also repeals section 4561.30 and reorganizes the existing airspace-protection provisions into a new framework, while preserving local airport zoning authority but making state obstruction standards the minimum baseline. In addition, the bill amends the power siting board statute so major utility facilities must comply with the aviation obstruction rules and be reviewed in consultation with the Office of Aviation.
The bill’s impact would be to strengthen and modernize state oversight of airspace obstructions around airports and related facilities, while aligning Ohio’s permitting and zoning rules more closely with federal aviation standards. It would affect property owners, developers, utilities, airport sponsors, local zoning boards, and applicants for tall structures or vegetation-related obstructions near airports. It also appears designed to reduce conflicts among state aviation review, local airport zoning, and power siting approvals by establishing a clearer hierarchy and a more centralized review process.
Overall sentiment in the available materials is limited because the bill was only introduced and there were no committee transcripts or recorded votes provided. Based on the bill text, the measure appears to be framed as a safety and modernization bill, with an emphasis on protecting navigable airspace and clarifying permitting procedures. There is no direct evidence in the record of support or opposition, but the structure of the bill suggests a policy preference for stronger state-level airspace control and coordination with federal aviation determinations.
The main points of potential contention would likely involve the balance between aviation safety and local land-use or development flexibility. Airport sponsors and aviation regulators may favor the bill’s stricter and more uniform standards, while developers, utilities, local governments, and property owners could be concerned about added permitting burdens, delays, or limits on tall structures, vegetation growth, and infrastructure projects. The new liability protections and the requirement that safety be paramount may also draw scrutiny from parties worried about reduced recourse or broader state preemption of local decisions.
HB333 would amend Ohio’s aviation and airport-zoning statutes to create a more centralized and federally aligned framework for reviewing obstructions in navigable airspace. It updates Chapter 4561 and Chapter 4563 definitions and procedures, adds a new liability provision in section 4561.40, and requires the power siting board to consult with the Office of Aviation on airspace obstruction issues. The bill would affect state agencies, airport sponsors, local zoning boards, utilities, and owners of structures or natural growth that may interfere with airport operations or FAA-defined airspace surfaces.
No committee testimony or vote history was provided, so there is no recorded public debate to summarize. From the bill text alone, the measure appears to be presented as a safety-oriented modernization of Ohio’s airspace laws, with a focus on protecting aircraft operations and harmonizing state review with FAA standards. The overall tone is regulatory and technical rather than partisan, and the bill appears intended to streamline and clarify existing law.
Likely areas of contention include whether the bill gives too much authority to the Department of Transportation and airport sponsors, whether it preempts local zoning discretion, and whether it imposes new burdens on developers, utilities, and property owners near airports. The new permit and waiver process for obstructions, the priority given to safety over economic or technical considerations, and the liability shield for the state could all be disputed by affected parties. Airport and aviation interests would likely support the bill’s stricter standards, while land-use and infrastructure stakeholders may object to the added constraints.