A construction crane in the Mid-Atlantic rarely goes up without an FAA notice. A tall building rarely gets a permit without an FAA determination. The rule is 14 CFR Part 77 — "Safe, Efficient Use, and Preservation of the Navigable Airspace" — and the filing is FAA Form 7460-1, "Notice of Proposed Construction or Alteration." Local building officials know the form; they condition permit issuance on a Determination of No Hazard (DNH). The process is administrative, predictable, and schedule-critical.
This essay walks the framework. It applies to construction anywhere in the country, but the density of airports and heliports in the Mid-Atlantic — DCA, IAD, BWI, PHL, EWR, TTN, ACY, RIC, ORF, PHF, plus dozens of general aviation airports — makes it a routine part of mid-rise and high-rise development in the region.
Under 14 CFR § 77.9, you must file Form 7460-1 with the FAA when you propose construction or alteration that meets any of:
The "imaginary surface" 100:1 rule is the one that catches mid-rise buildings far from airports. A structure 5 miles from a runway that exceeds 264 feet AGL (5 miles × 100 feet per horizontal mile from the 100:1 slope, simplified) penetrates the imaginary surface. The specific calculation depends on airport runway elevation, approach/departure classification, and ground-elevation differences.
Functionally, many buildings well below 200 feet AGL file Form 7460-1 because the imaginary-surface slope from a nearby airport reaches down to their height. Use the Notice Criteria Tool on the FAA's OE/AAA website (oeaaa.faa.gov) to check before assuming the building is below the threshold.
Construction cranes are "temporary structures" under Part 77 but are filed separately. A tower crane with a jib reach or static height that penetrates the Notice Criteria must file Form 7460-1 before erection. Several jurisdictions (including DC, Arlington, Montgomery County, Fairfax) will not issue a crane permit without a DNH in hand.
Filing considerations for cranes:
In dense urban environments (DC, downtown Baltimore, Philadelphia, Newark), simultaneous multi-crane operations require separate filings per crane, with coordination between the filings and local fire-code crane clearance reviews.
After filing, FAA OE/AAA (Obstruction Evaluation / Airport Airspace Analysis) conducts:
The outcome is one of:
Most DNHs include marking and lighting conditions from FAA Advisory Circular 70/7460-1, the "Obstruction Marking and Lighting" document. Typical requirements for tall structures:
Construction cranes typically carry red obstruction lighting at the jib tip and counterweight; permanent buildings carry rooftop and corner lighting per AC 70/7460-1.
The FAA determination is federal and advisory; local building officials are not federally required to condition permits on it. But in practice:
Independent of the local ordinance, any structure requiring Part 77 notice that does not file is in violation of federal law — 49 U.S.C. § 44718 — and may be ordered marked, lit, or even lowered by the FAA.
If the initial FAA review finds a potential impact on aeronautical operations, the agency opens an Aeronautical Study, publishes the proposal for public comment via the OE/AAA daily digest, and analyzes input from airport sponsors, pilots, and users of the airspace. An applicant can:
The Aeronautical Study extends the review timeline materially. For projects where imaginary-surface penetration is expected (new high-rise towers in the I-95 corridor near Philadelphia or Newark, for example), factor in 90+ days for the Study.
Near military airfields, the AICUZ (Air Installation Compatible Use Zones) program operates in parallel with Part 77. Projects near NAS Oceana (Virginia Beach), NAS Patuxent River (southern Maryland), Joint Base Andrews (Prince George's), Quantico (Stafford/Prince William), and Dover AFB (Delaware) coordinate with the respective service's installation. See our Virginia Beach essay for the NAS Oceana AICUZ framework.
Three practical rules:
The FAA process is administrative and well-documented. The risk is not approval denial — most filings produce a DNH — but the schedule of the review. Integrating 7460-1 filings into the project schedule at pre-construction means the determination is in hand when local permits are ready to issue.
Primary sources for this essay: 14 CFR Part 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace); 49 U.S.C. § 44718 (Structures interfering with air commerce); FAA Advisory Circular 70/7460-1 (Obstruction Marking and Lighting); FAA Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) online filing system at oeaaa.faa.gov; FAA JO 7400.2 series (Procedures for Handling Airspace Matters). For military airfields, service-specific AICUZ studies.