Can a small municipality regulate airspace?

Joined
Jan 10, 2017
Messages
1
Reaction score
0
Location
Wyandotte, MI. USA
My city recently adopted the most ridiculous ordinance restricting UAV’s for professionals and hobbyists essentially banning them in the city. There are some parts that are in compliance with FAA regs regarding power plants, heliports and such but there are many parts of this ordinance that seem to overreach the cities authority to regulate airspace above it. Could someone please look at this ordinance and let me know if I have a leg to stand on if I want to challenge it in court? Thanks for your help!

http://www.amlegal.com/pdffiles/Wyandotte/1455.pdf
 
Cities have the option to ban take off and landing within their jurisdiction, similar to national parks, but they cannot control the airspace. Only the FAA has the authority control the airspace. That information is available through the FAA or other organizations like AirMap.com

If the city is banning taking off and landing anywhere in the city, that's usually only city owned property, like parks, schools, streets, etc. Usually private property is exempt. So you can take off at your house, on your property, and fly where you want. Likewise, if you are doing a commercial job, you can get permission from the property owner to take off and land from their property, and fly where you want, as long as you are following FAA Part 107 guidelines. As for recreational flyers, you may be screwed if you want to fly at parks, rivers, or other city owned property.

I guess I won't be visiting Wyandotte, MI anytime soon. :p

One way to combat this is to get help from your local newspaper. If you can befriend a reporter to write an article on this subject, letting the residents know what's happened, letting everyone know they should not be buying toy drones for their kids, maybe some pressure from the public can reverse this stupid decision.

Usually these ordinances are prompted by rich people that don't want drones flying over their homes. They can have lots of influence on city councils, as money speaks. The only way to fight this trend is through numbers of people in the city that vote for the city council. If the council feels they will lose their job from public pressures, they tend to reverse their voting representation of the public, if they want to keep their job. On drone issues, that may be a difficult pitch to the residents.
 
Last edited:
  • Like
Reactions: FLYBOYJ
It would appear that that new law is in violation of Michigan state law.

Michigan Drone Laws (2018) -

Michigan Compiled Laws Section 259.305 Political subdivision; limitations; powers; federal preemption; conflict with other sections of law.

(1) Except as expressly authorized by statute, a political subdivision shall not enact or enforce an ordinance or resolution that regulates the ownership or operation of unmanned aircraft or otherwise engage in the regulation of the ownership or operation of unmanned aircraft.
 

Recent Posts

Members online

No members online now.

Forum statistics

Threads
143,090
Messages
1,467,564
Members
104,973
Latest member
Dosserdd