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sUAV Rules & Regulations
Who owns the airspace?
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<blockquote data-quote="Earthman" data-source="post: 101210" data-attributes="member: 16717"><p>It’s not a question of “owning” the airspace. The FAA regulates it all in the USA. See link and map below.</p><p></p><p>Local municipalities can regulate the ground surface within public lands to prevent taking off and landing, which is within their legal rights. However, I assume that it’s still legal to fly into and over a park down to but not including the ground surface assuming they regulate the ground. Of course, if they challenge you and confiscate your drone, you’ll spend more in legal fees getting it back than it’s worth, so you lose even if you ”win.”</p><p></p><p>Local municipalities are also trying to establish minimum set backs (typically 200-ft) from private property for privacy reasons, but I don’t know that this is legal since it seems difficult to enforce, will interfere with legal commercial UAS operations, and it seems a lot like regulating airspace to me. However, I’m no attorney and I don’t have oodles of money to waste, so I’m not going to challenge this. Besides, I think the privacy issue will get settled once Amazon and other large commercial entities are using the airspace below 400-ft to make deliveries, etc. At that point, local municipalities will be fighting the Feds and companies with deeper pockets than the local municipalities, so maybe I don’t have to worry about it.</p><p></p><p>I don’t know the legal basis if any that state and federal parks are using to prevent people from flying drones within the parks. I suppose they may be able to regulate taking off and landing or get the FAA to issue a permanent TFR for the park.</p><p></p><p>Here’s the FAA’s airspace map:</p><p></p><p>[URL unfurl="true"]http://www.uavexpertnews.com/2018/11/airspace-guidance-for-small-uas-operators/[/URL]</p><p></p><p>[ATTACH=full]11415[/ATTACH]</p></blockquote><p></p>
[QUOTE="Earthman, post: 101210, member: 16717"] It’s not a question of “owning” the airspace. The FAA regulates it all in the USA. See link and map below. Local municipalities can regulate the ground surface within public lands to prevent taking off and landing, which is within their legal rights. However, I assume that it’s still legal to fly into and over a park down to but not including the ground surface assuming they regulate the ground. Of course, if they challenge you and confiscate your drone, you’ll spend more in legal fees getting it back than it’s worth, so you lose even if you ”win.” Local municipalities are also trying to establish minimum set backs (typically 200-ft) from private property for privacy reasons, but I don’t know that this is legal since it seems difficult to enforce, will interfere with legal commercial UAS operations, and it seems a lot like regulating airspace to me. However, I’m no attorney and I don’t have oodles of money to waste, so I’m not going to challenge this. Besides, I think the privacy issue will get settled once Amazon and other large commercial entities are using the airspace below 400-ft to make deliveries, etc. At that point, local municipalities will be fighting the Feds and companies with deeper pockets than the local municipalities, so maybe I don’t have to worry about it. I don’t know the legal basis if any that state and federal parks are using to prevent people from flying drones within the parks. I suppose they may be able to regulate taking off and landing or get the FAA to issue a permanent TFR for the park. Here’s the FAA’s airspace map: [URL unfurl="true"]http://www.uavexpertnews.com/2018/11/airspace-guidance-for-small-uas-operators/[/URL] [ATTACH type="full"]11415[/ATTACH] [/QUOTE]
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Who owns the airspace?