Pugilistic Animus:
You cite FAR 77 surfaces, which are only for the purpose of providing guidance to proponents when they must file under FAR 77. If they fail to do so, the FAA has zero enforcement options. If, however, it is a transmitter tower that requires an FCC license, if the FAA notifies the FCC, then the FCC will not issue a transmitter license.
If it is a building, often the insurance company has the real clout when a proponent either fails to file when required by Part 77, or when the proponent does file but ignores a Determination of Hazard by the FAA.
A proponent with deep pockets can choose to flight a hazard determination under the Part 77 appeals process. That can become quite interesting. It is far more productive for the proponent to enter into negotiations with the regional FAA office to turn a hazard determination into a no hazard determination.
I can't see how TERPS and FAR 25 /121 can be so diverged?
TERPs does not, and cannot, account for OEI surfaces. That would require accounting for the lowest common denominator, which would make TERPs procedures useless for the 99.9% of the time when operations are normal.