Flying Personal Aircraft From You Own Property

Here is another interesting example of how air rights are being rediscovered in the era of personal aircraft.

From current FAA regulations concerning minimum safe altitude FAA Part 91.119

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface–
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA;

If helicopters are going to be restricted from operating out of private property due to local zoning ordinances then drone delivery is going to get interesting. This implies a patchwork of local regulations which are unnecessary if we just start treating air rights like real property !

Leave a Reply

Your email address will not be published. Required fields are marked *