FAA vs Army Corps of Engineers

[MassCoyote]

On another site, there was a heated discussion of whether the Army Corps of Engineers can control the airspace or does the FAA override them. Another person posted the ACOE notice (attached).

There are no prohibitions listed on Aloft (Kittyhawk) or B4UFLY.

What are the actual rules?

 

[sar104]

I don't know what there is to argue about. Firstly, Cape Cod Canal is adjacent to R4101 restricted airspace, but itself is in uncontrolled, unrestricted airspace:





Secondly, 36 CFR Part 327 doesn't say anything about sUAS operations. 327.4 (c) does prohibit careless, negligent and reckless operations of any aircraft above project lands:

327.4 (c) No person shall operate any aircraft while on or above project waters or project lands in a careless, negligent or reckless manner so as to endanger any person, property or environmental feature.​

So they might try to invoke that, but there is no legal basis for completely prohibiting sUAS flights. The FAA controls all airspace, and all airspace restrictions are by agreement with, and enforced by the FAA. There are none at this location.

 

[db4476]

I don't know that area but In my area (The Columbia River) flying UAV's near any federal dam is forbidden for security reasons. Personally I wouldn't risk it.

Having said that, the FAA seems to have a position on this from 2017, and I'm willing to bet that many more dams/infrastructure are no-fly zones, read it here:

FAA outlaws drone use around 10 US monuments and dams​

FAA outlaws drone use around 10 US monuments and dams | TechCrunch

The Federal Aviation Administration announced new rules for drone use around key US landmarks including monuments and dams. Under the new restrictions,

techcrunch.com

Sooo... Fly Safe!
Cheers!

 

[sar104]

I don't know that area but In my area (The Columbia River) flying UAV's near any federal dam is forbidden for security reasons. Personally I wouldn't risk it.

Having said that, the FAA seems to have a position on this from 2017, and I'm willing to bet that many more dams/infrastructure are no-fly zones, read it here:

FAA outlaws drone use around 10 US monuments and dams​

FAA outlaws drone use around 10 US monuments and dams | TechCrunch

The Federal Aviation Administration announced new rules for drone use around key US landmarks including monuments and dams. Under the new restrictions,

techcrunch.com

Sooo... Fly Safe!
Cheers!

That's completely different - the FAA implemented those at the request of those organizations, and they are shown on the FAA Facilities map. The location mentioned above doesn't have one of those.

 

[theDRONEranger]

Bottomline: Fly legal, fly responsibly! While other entities may say where you may/not launch/land, It IS the FAA that controls the US airspace system.

 

[Chris.WingedEyeMedia]

Some information I got directly from the AC of E this morning. I called them to verify I could fly over Clinton Lake In Lawrence, KS. According to the FAA this is uncontrolled airspace with no restrictions. The simple answer I got was, yes no problem flying, as long as you follow all the standard rules for part 107. The restriction is you can't take off or land on their property and according to the boundary line that is about 400 yards. So, before you get to the actual water you will already be close to the limits of VLOS (at least for my eyes). A bit tricky if you ask me. They don't control the air space but they can control the land. I am betting this is currently true or will be soon for all Corp. property.

 

[Walleye Hunter]

Some information I got directly from the AC of E this morning. I called them to verify I could fly over Clinton Lake In Lawrence, KS. According to the FAA this is uncontrolled airspace with no restrictions. The simple answer I got was, yes no problem flying, as long as you follow all the standard rules for part 107. The restriction is you can't take off or land on their property and according to the boundary line that is about 400 yards. So, before you get to the actual water you will already be close to the limits of VLOS (at least for my eyes). A bit tricky if you ask me. They don't control the air space but they can control the land. I am betting this is currently true or will be soon for all Corp. property.

But do they control the water? Would taking off from a boat not be legal?

 

[Chris.WingedEyeMedia]

They control the property and the water is part of it. So, good thought but not legal.

 

[Walleye Hunter]

They control the property and the water is part of it. So, good thought but not legal.

Not necessarily. There are plenty of places where someone or an entity like a club own both banks of a waterway but they do not own and cannot deny passage through on the water. There are also places where they do own the water.