I just want to be clear with everyone. I fly Mountain terrain and I have a hard time with some jobs getting the data i need while remaining 400 AGL. Here is one example. If I am doing a wide shot of a property on the mountain side which is very steep. And from the total height of the mountain side is 1,300” with a 60 degree slope. Say your target is in the middle at when you fly 400 above the site to get the widest shot directly above your at 400. But if you go out away from the slope within 100’ you could technically be over 800’+ AGL (Directly below.). This is just an example. Now I posed this question to my local FISDO and the answer I got was as long as I stayed within 400‘ of the mountain side I would never have any problems. Now I know answers vary by who you talk to on any given day. So that what I do. My DJI data says I was flying at 1000+ ft for that flight but usually I never go over 300 AGL. Also, keep in mind that the top of the mountain is still 500‘ above my drone and any manned aircraft that would come into my flight area has way bigger problems then my drone. I do get the occasional helicopter doing power line or chemical spraying. So VLOS is paramount in any situation. Where 400 I have inquired about a flight height waiver but last time I checked the probability was low to get anything general for the area and is more per flight specific. Hopefully the FAA will get the rules defined a little better for situations like mine.
That's interesting. Part 107 doesn't say anything about allowance for higher AGL in the vicinity of steep terrain, but it's been quite widely assumed that the same 400 ft guidance that applies to structures would be valid. It's good to know that your FSDO has the same opinion.