CHAPTER 744

An Act to forbid the erection of structures over a certain height without
the approval of the State Corporation Commission; and to establish
the procedures for securing such approval. CH 574]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. § 1. It shall be unlawful for any person to erect any structure,
which structure, or any part of which structure, exceeds a height of five
hundred feet above the ground, without securing a permit for such erec-
tion from the State Corporation Commission; provided, however, that the
provisions of this section shall not apply as to any structure to be erected
in a county or city which has an applicable zoning ordinance regulating
the height of such structures.

Any person desiring to erect or cause to be erected any such
structure shall make application to the State Corporation Commission for
the issuance of a permit for such erection. The Commission, after such
notice to the public as it deems necessary, shall hold a public hearing not
less than thirty days after the giving of such notice at which all inter-
ested parties shall be admitted to attend and state any objection which
they may have to the erection of such structure.

§ 3. The Commission, if it finds that the erection of such structure
will not be dangerous to aircraft using the airways of this State, shall
issue the permit requested; but if it shall find that the erection of such
structure will create a hazard to aircraft using such airways, it shall
refuse the issuance of such a permit. The Commission may, as a condition
to the issuance of any permit, require the installation and maintenance of
warning lights and any other devices which may be reasonably required to
reduce the hazard which might be presented by the erection of such
structure.

§ 4. If any person commences the erection of a structure of the
nature described in § 1 of this act without securing the permit therein
required, the Commission shall have power to issue a cease and desist
order to prevent such erection, and the provisions of § 5.1-10 of the Code
of Virginia shall apply, mutatis mutandis, to proceedings relating to the
issuance of such order.