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OAA Testifies as a Proponent on HB 333 - the Airspace Protection Act

March 10, 2026 7:08 PM | Anonymous

On Tuesday, March 10, 2026 the Ohio Aviation Association Executive Director, Tony Fiore, provided proponent testimony on HB 333, the Airspace Protection Act. 

In sum, HB 333:

  • updates state law to align with current federal law and Federal Aviation Administration (FAA) regulations under part 77 regarding navigable airspace and obstructions to air navigation. 
  • requires any person that must file notice with the FAA regarding the proposed construction or alteration of a structure or object of natural growth because the structure or object exceeds federal obstruction standards also to apply for a permit with the Ohio Department of Transportation (ODOT). 
  • authorizes the notice filed with the FAA regarding the proposed construction or alteration to serve as the application for the state permit, as opposed to filing a separate application as under current law. 
  • requires ODOT to conduct its permit study and review concurrently with the FAA’s review and to grant, deny, or grant with a waiver from obstruction standards the ODOT permit within 75 days after the FAA issues its final determination. 
  • specifies when ODOT must grant or deny a permit based on both the FAA’s final determination and the study and review conducted by ODOT and any impacted airport.

OAA has been working with ODOT's Office of Aviation, AOPA, legislators and other stakeholders for nearly 9 years to clarify state law regarding navigable airspace around Ohio's airports.

To help illustrate the need for HB 333 Mr. Fiore provided each member with an airport in their district (or one close by) where tall structure issues will continue to be unresolved unless HB 333 becomes law.  The first page of each shows the 5 imaginary surfaces ODOT’s permitting process is currently limited to while the remaining diagrams show areas that need to be covered as part of the airport’s obligations under Part 77.  He also gave credit to the ODOT-Office of Aviation staff that helped pull together the maps for each airport.

  • Rep. Bernie Willis (HD 74) – Springfield-Beckly Airport (SGH)
  • Rep. Jack Daniels (HD 32) – Akron-Canton Airport (CAK)
  • Rep. Roy Klopfenstein (HD 82) – Defiance County Memorial Airport (DFI)
  • Rep. Brian Lorenz (HD 60) – Delaware Municipal Airport – Jim Moore Field (DLZ)
  • Rep. Riordan McClain (HD 87) – Marion Municipal Airport (MNN)
  • Rep. Kevin Miller (HD 69) – Licking County Regional Airport – Treneff Field (VTA)
  • Rep. Johnathan Newman (HD 80) – Darke County Airport (VES)
  • Rep. Justin Pizzulli (HD 90) – Alexander Salamon Airport (AMT)
  • Rep. Monica Robb Blasdel (HD 79) – Columbiana County Airport (02G)
  • Rep. Michele Grim, Ranking Minority (HD 43) – Toledo Express Airport – Eugene F. Kranz (TOL)
  • Rep. Ismail Mohomed (HD 03) – The Ohio State University Airport (OSU)
  • Rep. Elgin Rogers (HD 42) – see TOL as well
  • Rep. Dan Troy (HD 23) – Northeast Ohio Regional Airport (HZY)

OAA hopes that the House Transportation Committee will continue to hold hearings on the bill to move it out of committee and off the full House floor before the primary election.  This will give enough time for the Senate to hold hearings in May and June, pass the bill and have it on Governor DeWine's desk for his signature before the summer recess begins.

Click here for a copy of HB 333.

Click here for a copy of OAA's proponent testimony given by Tony Fiore.

Click here for a copy of the AOPA proponent testimony given by Kyle Lewis.

Click here to watch a video recording of the hearing.  The hearing on HB 333 begins at 17:31.  The OAA testimony begins at 37:06.  The hearing on the bill concludes at 59:04.


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