The company, which had been flying helicopter tours off a barge in Destin Pass, was issued a cease and desist order April 22 by the state Department of Transportation.
In the letter, officials with the DOT’s aviation division said Timberview had not followed the state’s ap-proval process for structures used as private aviation facilities.
“We’re not a structure. We’re a vessel,” counters Justin Johnson, who owns Timberview. “We don’t consider that letter valid. ... The Coast Guard has already said we’re a vessel.”
The existence of a helipad “doesn’t suddenly make it a structure,” he said, adding that he’s waiting on a letter from the Coast Guard that will explain his status to the state.
The DOT said Timberview must cease its operations off the barge until an aeronautical determination is completed by the Federal Aviation Administration and the state has approved the barge — and its location — as a private aviation facility.
In the letter, state officials warned Johnson that continued operation from the barge was a violation of state statutes and a second-degree misdemeanor.
The dispute is the latest controversy surrounding Timberview, which was banned from operating in Destin harbor and most recently cited for trespassing when its barge anchored next to Eglin-owned beach property just south of Marler Bridge.
Meanwhile, Johnson is flying sightseeing tours only out of Destin Airport.
He said he isn’t sure when he will resume flying off the barge but hopes to return to the Crab Island area soon.
“We want to be kind of on the back of it,” he said. “We want to be able to get people to us but not be on top of anybody.”
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