Since navigational airspace begins at 500' is it legal to fly a drone on private property even if it is in controlled airspace?
Since navigational airspace begins at 500' is it legal to fly a drone on private property even if it is in controlled airspace?
A Very informative and a highly interesting post.Thanks as it sure answered many of my questions too.Welcome to the forum.
Assuming you're from the USA (Colorado) let's address the main point of contention here:
Our National Airspace System (NAS) in the USA starts the moment the aircraft is no longer touching Terra Firma. Not 100', not 200', not 500'. While this has not been taken to court "recently", you can rest assured that the National Airspace System starts well below 500' AGL. This specific # comes up often because in many cases "Manned Aircraft" don't get below 500'AGL unless taking off and landing (and there are lots of legal and safe exceptions to this rule but that's for another debate). Because of this "Min Altitude" noted for manned aviation many people want to try and apply this to sUAS Operations and it just doesn't work like that. We operate almost exclusively in the 0' - 400' portion of the National Airspace System.
If you're standing on private property you must have the property owner's permission to stand, sit, fly from, land on etc that property. Once the aircraft is airborne, from an airspace perspective, the landowner has no say-so over the actual flight itself. That doesn't mean other legal issues aren't at play such as, Privacy, trespassing, reckless behavior, endangering the NAS and so on.
@Mark The Droner gave you excellent information in his reply above regards "Notification". It's not an option but a requirement to attempt notification.
BigAl nailed it.
Since navigational airspace begins at 500' is it legal to fly a drone on private property even if it is in controlled airspace?
Can our city regulate air space over private property?....
....I would like to rebuttal this "flying over private property restriction".
Thanks you guys for the informative post above. Well this is interesting.
I just became aware of our local city adopting a drone ordinance middle of last year. Link below and my question has to do with this section:
" C.
..... No person shall takeoff, land, or operate a UA on or over private property without the written or electronic consent of the property owner, if the property owner is a person other than the UA operator. When consent to operate a UA is required to takeoff, land, or operate a UA on or over private property, UA operators must have on their possession a copy of the written or electronic consent from the owner of the property, or properties, over which they takeoff, land, or operate a UA. "
Can our city regulate air space over private property? I am taking off from a public right of way and flying over private property. Seems like they are regulating air space that I thought is the FAA's responsibility to regulate in the USA. Is a city allowed to regulate air space beyond the scope of the FAA?
I would like to rebuttal this "flying over private property restriction". By the way, I am flying over undeveloped open space. Thanks for your anticipated feedback.
Municode Library
They can create law & enforce them in regards to where you takeoff and land (land use laws). They, currently, can not create Airspace laws. This will have to go to court to be tried though.
As always, BigAl, your input and wisdom are greatly appreciated. With issues like this that have potential to impact many of us, and the sport in general, would it behove us to have formal legal counsel versed in these matters on staff to address these concerns? Just asking.
I think that I would have ignored the message and left them up. If he doesn't want photos or videos taken from the air by anyone with a UAV, in a rented plane or even a hotair balloon he needs to stop sending messages and go buy some tarps to cover whatever he wants to keep so private.There is a power plant in my area that closed down last year. They have recently started dismantling it. A few weeks ago I took a bunch of photos and a couple of videos. They were very popular after I posted them online. A few days later I received a message to contact the attorney who represents the new owners of the property. He asked me to remove the photos that were taken in the airspace over their property. I complied.
What do you think?
What do you think?
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