FAA 400ft rule

[AMann]

So long as your don't enter into Controlled Airspace or you're not flying in a "Gridded" section. If you are flying in a "Gridded" section (or under an Airspace Authorization/Waiver) you are flying under Absolute height limits. You can NOT bust the altitude limit unless it's an emergency and in that case you need to report it IMMEDIATELY.

As a first hand example: a couple of weeks ago I was flying with an Authorization of 100' AGL. The building I was shooting was 85' high. If that building would of had a 16' Tower/Antennae/Observation deck or whatever I could not have flown over it period. My Authorization was strictly 100' and not 100' plus whatever I needed.

Very good point! I’m fortunate to be able to fly in uncontrolled airspace on BLM lands near my home. Should have stated that in my posts above.

 

[old man mavic]

one more thing to consider i have taken my mav up to the 120meter height geofence and to be honest at that height the images on the screen were not that good for detail i dont think that i would be flying at that height anyway plus the wind factor at that sort of height would be a factor as well

 

[AMann]

one more thing to consider i have taken my mav up to the 120meter height geofence and to be honest at that height the images on the screen were not that good for detail i dont think that i would be flying at that height anyway plus the wind factor at that sort of height would be a factor as well

Very true, hence why I mostly fly below 60m AGL as well.

 

[kadras]

Anyone seen a readable geodetic survey map with NFZs overlaid?

It doesn't show NFZs in the way you want, but the background of the FAA Facility map can be changed to show old USGS topos (select USA Topo Maps).

 

[brett8883]

So long as your don't enter into Controlled Airspace or you're not flying in a "Gridded" section. If you are flying in a "Gridded" section (or under an Airspace Authorization/Waiver) you are flying under Absolute height limits. You can NOT bust the altitude limit unless it's an emergency and in that case you need to report it IMMEDIATELY.

As a first hand example: a couple of weeks ago I was flying with an Authorization of 100' AGL. The building I was shooting was 85' high. If that building would of had a 16' Tower/Antennae/Observation deck or whatever I could not have flown over it period. My Authorization was strictly 100' and not 100' plus whatever I needed.

So just to be clear if you are a recreational pilot flying in class G air space and you come up to a 400 ft building can you fly over that building (VLOS aside)? There are some above that would say no but that wasn’t my understanding.

I think you should be able to fly over that building (again VLOS or any other rules aside). Correct?

 

[sar104]

So just to be clear if you are a recreational pilot flying in class G air space and you come up to a 400 ft building can you fly over that building (VLOS aside)? There are some above that would say no but that wasn’t my understanding.

I think you should be able to fly over that building (again VLOS or any other rules aside). Correct?

No - you cannot exceed 400 ft AGL. And GL does not include the building height.

 

[brett8883]

No - you cannot exceed 400 ft AGL. And GL does not include the building height.

So in the FAAs explanation of the new recreational rules they state,

”Some requirements have not changed significantly. In addition to being able to fly without FAA authorization below 400 feet in uncontrolled airspace, recreational users must still register their drones, fly within visual line-of-sight, avoid other aircraft at all times, and be responsible for complying with all FAA airspace restrictions and prohibitions.”

***Edit: forgot to site source FAA Highlights Changes for Recreational Drones

It doesn’t mention a change to the over a structure rules.

 

[sar104]

So in the FAAs explanation of the new recreational rules they state,

”Some requirements have not changed significantly. In addition to being able to fly without FAA authorization below 400 feet in uncontrolled airspace, recreational users must still register their drones, fly within visual line-of-sight, avoid other aircraft at all times, and be responsible for complying with all FAA airspace restrictions and prohibitions.”

It doesn’t mention a change to the over a structure rules.

Flying over structures was never in Part 101, so it wouldn't be a change.

 

[tcope]

one more thing to consider i have taken my mav up to the 120meter height geofence and to be honest at that height the images on the screen were not that good for detail i dont think that i would be flying at that height anyway plus the wind factor at that sort of height would be a factor as well

There are good shots to be had at 400' and above. The following photo was taken above that altitude. I was about 50' off a cliff that was much higher.

 

[brett8883]

Flying over structures was never in Part 101, so it wouldn't be a change.

I suppose that makes sense seeing as how part 101 didn’t have any mention of height what so ever lol. ?


Subpart E—Special Rule for Model Aircraft
Source: Docket FAA-2015-0150, Amdt. 101-9, 81 FR 42208, June 28, 2016, unless otherwise noted.
§101.41 Applicability.
This subpart prescribes rules governing the operation of a model aircraft (or an aircraft being developed as a model aircraft) that meets all of the following conditions as set forth in section 336 of Public Law 112-95:

(a) The aircraft is flown strictly for hobby or recreational use;

(b) The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;

(c) The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;

(d) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and

(e) When flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation.

 

[Cymruflyer]

This image pretty well explains it...View attachment 73869

Make that image a cliff and see how you get on with that sort of drawing. A gently hill is one thing but what about flying on the beach and coming to a sheer cliff face, how does that work?

 

[sar104]

Make that image a cliff and see how you get on with that sort of drawing. A gently hill is one thing but what about flying on the beach and coming to a sheer cliff face, how does that work?

I think that common sense was expected. Ascending/descending close enough to the cliff not to be a hazard to air traffic is going to be fine.

 

[Cymruflyer]

I think that common sense was expected. Ascending/descending close enough to the cliff not to be a hazard to air traffic is going to be fine.

Ahhh, okay then, that clears up a lot about flying by a cliff face, either on top or at the bottom. Assuming the FAA feels the same way.

 

[Bill combs]

Up to 400’ unless you are flying within 400’ up the side of a structure or terrain, then its up to 400’ directly above that.

i believe you can fly above 400’ if you are next to a building or say a mountain,if im flying next to a 600 ‘ mountain i can fly above it while standing next to the mountain but not to exceed 400’ above that mountain,i must be so close to the building or mountain that i cannot be a threat to aviation?!

 

[Former Member07122019a]

Do your best to stay under 400 feet.
If you have to go over a 400-foot hill, so be it.
Don't overthink it. This isn't 'rocket science' folks.

 

[sar104]

Ahhh, okay then, that clears up a lot about flying by a cliff face, either on top or at the bottom. Assuming the FAA feels the same way.

The FAA never clarified that particular question, as far as I'm aware, even for Part 107. The Part 107 rules allow 400 ft above a structure while within 400 ft laterally of that structure, but do not explicitly mention terrain features. That's how it's been widely interpreted though.

 

[sar104]

i believe you can fly above 400’ if you are next to a building or say a mountain,if im flying next to a 600 ‘ mountain i can fly above it while standing next to the mountain but not to exceed 400’ above that mountain,i must be so close to the building or mountain that i cannot be a threat to aviation?!

The building/structure allowance is called out in the Part 107 rules, but the recreational rules only refer to 400 ft AGL, with no allowance mentioned for structures. That implies that recreational flight is restricted to 400 ft AGL and not 400 ft above structures.

 

[Drbobk]

This image pretty well explains it...View attachment 73869

I don’t believe that this diagram is correct. The FAA never measures altitude diagonally, or perpendicular to sloped terrain. I’m pretty sure they would describe AGL altitude as height above the ground, not measured at an angle other than 90 degrees.

 

[Texbow]

On natural terrain keep your drone no higher than 400' AGL under the location of your drone.

 

[Former Member07122019a]

The building/structure allowance is called out in the Part 107 rules, but the recreational rules only refer to 400 ft AGL, with no allowance mentioned for structures. That implies that recreational flight is restricted to 400 ft AGL and not 400 ft above structures.

That's where I'm going to have to disagree with you.

Really good article on all this here:

New Drone Laws in the USA [2024] - Drone U™

Here is the comprehensive summary of USA drone laws by state as well as new rules for flying drones by DroneU.

www.thedroneu.com

The agency is evaluating the impacts of this change in the law and how implementation will proceed. The Reauthorization Act cannot be fully implemented immediately, please continue to follow all current policies and guidance with respect to recreational use of drones:

• Fly for hobby or recreation only
• Register your model aircraft
• Fly within visual line-of-sight
• Follow community-based safety guidelines and fly within the programming of a nationwide community-based organization
• Fly a drone under 55 lbs. unless certified by a community-based organization
• Never fly near other aircraft
• Never fly near emergency response efforts

Updated direction and guidance will be provided as the FAA implements this new legislation.