Under Part 107, it says I can fly in Class G airspace. There are plenty of houses around me, a large company, plenty of stores and shops. There's even a facility owned by the Navy in my vicinity. But I do not see anything in the rules about this (other than flying over people, moving cars, etc). If I review my sectional, it is all in Class G airspace with no special restrictions. I read an article about. So I can legally fly over homes, buildings owned by private business, shops, stores, navy facilities? I asked this question to the FAA but havent gotten a response.
Flying in Class G space over private, commercial, govt property
- Thread starter eng3
- Start date
ryantrax
Approved Vendor
Houses and buildings would be fine, if it were me I'd stay away from the Navy facility even if there are no air restrictions for the area.
I don't actually intend to fly over a Navy facility. I wouldn't think people would like you flying over their homes or private companies either so in general, I'd avoid all of that unless I had not choice
I'm really looking to know what the actual law is.
I'm really looking to know what the actual law is.
ryantrax
Approved Vendor
Above 83ft is out of the homeowner's airspace according to the FAA. I don't know why they picked 83ft as the magical number.
N017RW
Premium Pilot
83ft was specifically because in one specific case the person was occupying that space. If you build a 200ft building, then you own up to 200ft. It's the space above that which is unclear to me.
I've read articles like this but it is not clear to me. Many articles site the same case "at least as much of the space above the ground as he can occupy or use in connection with the land". That would tend to suggest that you can fly over anything homes, commercial buildings, military buildings, as long as there is no restriction in the sectional. Then there are articles about people getting in trouble for doing exactly that
N017RW
Premium Pilot
Yup. The point is that there is no codified value. There is no absolute certain answer.
OK, that's what I feared. I guess most people just generally avoid flying over any property they dont own unless they have to. And when they have to, they just take the risk of possibly getting arrested/sued/etc and having to go through the expense of the legal process.
N017RW
Premium Pilot
Ah, no. I, in the USA, don’t fly in fear of arrest as it would be impossible for me to not fly over property I don’t own.
Perhaps unlikely/rare, but since the law is murky, I don't think it is too far of a stretch for some overzealous police officer to arrest you for doing something that is seemly legal. Maybe it would never make it to court, but it could cost alot in legal bills.
For example, the guy who got his drone shot out of the sky then tried to sue for the cost. It didnt seem like he did anything wrong but he's out a drone and whatever his legal bills were. I don't think anyone got arrested in that case at least.
It sounds like the only way to be absolutely sure is to fly on your own property. Anywhere, there is at least some risk of trouble. Maybe very low risk but possibly a big impact.
For example, the guy who got his drone shot out of the sky then tried to sue for the cost. It didnt seem like he did anything wrong but he's out a drone and whatever his legal bills were. I don't think anyone got arrested in that case at least.
It sounds like the only way to be absolutely sure is to fly on your own property. Anywhere, there is at least some risk of trouble. Maybe very low risk but possibly a big impact.
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