Zoning Rules & Regulations

Height Limit Restrictions for Proposed Construction in the Tahlequah, Oklahoma Area

All persons proposing the construction or erection of an object in the Tahlequah, Oklahoma area should be aware of the rules and regulations that may limit the heights of such projects. These restrictions potentially affect projects both within the incorporated limits of the City of Tahlequah and within certain unincorporated areas of Cherokee County, Oklahoma.

The Tahlequah Municipal Airport Zoning Ordinance, adopted on July 8, 1997 and authorized under Title 3 of the Oklahoma Statutes, was established to prevent the creation of hazards to air traffic in the Tahlequah area and to protect the public's investment in Tahlequah Municipal Airport.

Height Limits

Under the provisions of the Ordinance, certain height limit zones are created. These zones potentially restrict the height of any structure or tree planting within a radius of 14,000 feet (2.65 miles) from the runway at Tahlequah Municipal Airport. In accordance with these regulations, "No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Ordinance to a height in excess of the applicable height limit established for such zones."

Permitting

Generally, a Height Zoning Conformity Permit is required prior to construction only for those proposed structures in excess of 75 feet vertical height above the ground, or when such structure because of terrain, land contour, or topographical feature, would extend above the height limit prescribed for any such zone. Potentially affected parties should consult with the building permits coordinator for Cherokee County or the City of Tahlequah to determine the need to apply for such a permit.

FAA Consultation

In addition, persons considering construction projects affected by this Ordinance are advised to determine the applicability of additional notification requirements of the Federal Aviation Administration (FAA). Advanced filing of the FAA's Form 7460-1, Notice of Proposed Construction or Alteration, is encouraged by the local height zoning board. Much of the information needed for the FAA notification will be required for the local zoning permit application. In some cases, the local height zoning permit cannot be granted without FAA notification and determination as to the effect of the proposed structure on the use of local airspace.

Additional Information

Copies of the Tahlequah Municipal Airport Zoning Ordinance are available for public review in the offices of the Tahlequah City Clerk and Cherokee County Clerk. Persons violating the provisions of this Ordinance, or any regulations or rulings of the Tahlequah Airport Joint Zoning Board or the Tahlequah City Board of Adjustment pertaining to said Ordinance, are subject to a penalty of $500.00 per day for each day said violation exists or up to one year of imprisonment (O.S. Title 3, 112).