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BREAKING NEWS: This New Drone Bill Would Make the Airspace Over People’s Homes Private Property

October 15, 2019 by Miriam McNabb 15 Comments

A new proposal scheduled to be released from the office of Senator Lee (R-Utah) tomorrow would put the airspace up to 200 feet in altitude over private property under the control of the property owner  – and would restrict the FAA’s right to regulate airspace below 200 feet in altitude, making any zoning or regulatory decisions the right of the state or tribal entity governing the land.

DRONELIFE received a summary of the bill from Senator Lee’s office.  We may not quote from the summary, as the bill is due to be released tomorrow.  In essence, the bill seeks to clarify and control two significant legal issues that remain unresolved: 1) Establish the airspace to 200 feet in altitude above private property as under the exclusive control of the property owner; and 2) Establish state, tribal and local governments as having exclusive and absolute rights to regulate that airspace.

In summary, the bill would propose that the altitude between 200 and 400 feet be designated for the use of civilian drones – although it wouldn’t prohibit the FAA from allowing drones above 400 feet.  The area under 200 feet would be under the jurisdiction of state, local and tribal governments – and the bill would call for a redefinition of “navigable airspace” to make that clear.

The bill tackles two thorny issues that the drone industry has seen before.  At the heart of both issues is the question of preemption: the idea that the FAA regulates all of the airspace, from the ground up. That’s a concept that hasn’t been challenged since the 1940’s, when a chicken farmer complained that low-flying airplanes were botherig his chickens.  He was able to claim damages: that established a shaky precedent for establishing the airspace below 83 feet over private property as off limits.

With the growth of civil drones, preemption is being challenged again.   In 2015, the FAA released a Fact Sheet to state governments advising that the FAA had exclusive regulatory control over the airspace.  Since then, a series of challenges have led the FAA to soften their stance – and they are trying to work with state, tribal and local governments in cooperation over drone legislation, through programs like the UAS Integration Pilot Program.

It hasn’t been enough.  This bill is the latest in a series of bi-partisan bills that want to establish state, tribal and local government jurisdiction over low altitude airspace – and bar uninvited drones from flying at low altitudes over private property.  Senator Dianne Feinstein (D-CA) and Senator Lee differ on many political issues; but it was Senator Feinstein proposed the Drone Federalism Act in 2017 that would have granted states sweeping powers over drone regulation.

There’s a lot more to this bill than just the issues of private property and preemption.  The bill will propose that state, local and tribal governments may establish zoning for takeoff and landing zones – and charge fees if they want.  The proposal addresses drone delivery, unmanned traffic management, and safety standards.   It’s a bill that could have a very significant impact on the commercial drone industry and the recreational drone community: in some states more than others.

DRONELIFE will provide the text when available.  This is a proposal that requires the careful consideration of the drone industry.

Miriam McNabb

Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a professional drone services marketplace, and a fascinated observer of the emerging drone industry and the regulatory environment for drones. Miriam has penned over 3,000 articles focused on the commercial drone space and is an international speaker and recognized figure in the industry.  Miriam has a degree from the University of Chicago and over 20 years of experience in high tech sales and marketing for new technologies.
For drone industry consulting or writing, Email Miriam.

TWITTER:@spaldingbarker

Subscribe to DroneLife here.

Filed Under: Drone News Feeds, Featured, News Tagged With: drone laws, Drone Regulation, FAA, preemption, Senator Lee

Reader Interactions

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  1. Michigan Court Ruling Drone Privacy - kameratalk.com says:
    April 3, 2021 at 6:25 pm

    […] of privacy in the airspace over their homes open up many complex issues: for one, is the airspace over someone’s home private property?  Is there some kind of altitude limit for drones flying over property?  Will […]

    Reply
  2. This Michigan Court Ruling Could Have a Major Impact on Commercial Drone Operations – Drones Crunch says:
    April 3, 2021 at 4:48 pm

    […] of privacy in the airspace over their homes open up many complex issues: for one, is the airspace over someone’s home private property?  Is there some kind of altitude limit for drones flying over property? […]

    Reply
  3. Michigan Court Ruling Drone Privacy - Tech Overlook says:
    April 3, 2021 at 2:46 pm

    […] of privacy in the airspace over their homes open up many complex issues: for one, is the airspace over someone’s home private property?  Is there some kind of altitude limit for drones flying over property?  Will […]

    Reply
  4. This Michigan Court Ruling Could Have a Major Impact on Commercial Drone Operations | taktik(z) GDI (Government Defense Infrastructure) says:
    April 3, 2021 at 12:20 pm

    […] of privacy in the airspace over their homes open up many complex issues: for one, is the airspace over someone’s home private property?  Is there some kind of altitude limit for drones flying over property? […]

    Reply
  5. Michigan Court Ruling Drone Privacy - MyWealth -OptimismArcher says:
    April 3, 2021 at 8:05 am

    […] of privacy in the airspace over their homes open up many complex issues: for one, is the airspace over someone’s home private property?  Is there some kind of altitude limit for drones flying over property?  Will […]

    Reply
  6. This Michigan Court Ruling Could Have a Major Impact on Commercial Drone Operations - Summer Of Drones News says:
    April 3, 2021 at 6:27 am

    […] within the airspace over their properties open up many complicated points: for one, is the airspace over somebody’s dwelling personal property?  Is there some form of altitude restrict for drones flying over property? […]

    Reply
  7. This Michigan Court Ruling Could Have a Major Impact on Commercial Drone Operations | Drone Films Limited says:
    April 3, 2021 at 6:15 am

    […] of privacy in the airspace over their homes open up many complex issues: for one, is the airspace over someone’s home private property?  Is there some kind of altitude limit for drones flying over property? […]

    Reply
  8. Drone Highways Road to Commercial Drone Integration - Gadgets says:
    January 18, 2021 at 12:32 pm

    […] be fully integrated into the airspace over communities, however, the often discussed gray areas of public airspace over private property must be made clear.  The Mercatus report ranks the 50 states on readiness for commercial drones […]

    Reply
  9. Drone Highways Highway to Commercial Drone Integration | Cool Gadgets says:
    January 18, 2021 at 12:00 pm

    […] into the airspace in excess of communities, on the other hand, the often talked about gray areas of public airspace more than private assets have to be made very clear.  The Mercatus report ranks the 50 states on readiness for business […]

    Reply
  10. Former House Aviation Chair Trashes “Drone Integration and Zoning Act” | 10Drones says:
    October 28, 2019 at 5:03 am

    […] “Drone Integration and Zoning Act” proposed by Senator Mike Lee (R-Utah) would strip the FAA of authority to manage airspace below […]

    Reply
  11. Former House Aviation Chair Trashes “Drone Integration and Zoning Act” – Drones Crunch says:
    October 26, 2019 at 12:38 am

    […] “Drone Integration and Zoning Act” proposed by Senator Mike Lee (R-Utah) would strip the FAA of authority to manage airspace below […]

    Reply
  12. BREAKING NEWS: This New Drone Bill Would Make the Airspace Over People’s Homes Private Property | 'GLJ Media Group' Daily Blog says:
    October 17, 2019 at 9:01 am

    […] By: Miriam McNabb, Dronelife […]

    Reply
  13. BREAKING NEWS: This New Drone Invoice Would Make the Airspace Over Folks’s Properties Non-public Property - Gadgets Now Website says:
    October 15, 2019 at 9:59 pm

    […] Supply hyperlink […]

    Reply
  14. BREAKING NEWS: This New Drone Bill Would Make the Airspace Over People’s Homes Private Property | Drone Magazine says:
    October 15, 2019 at 8:15 pm

    […] Source […]

    Reply
  15. BREAKING NEWS: This New Drone Bill Would Make the Airspace Over People’s Homes Private Property – Drones Crunch says:
    October 15, 2019 at 8:04 pm

    […] DRONELIFE […]

    Reply

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