Flight restriction clarification

[MassCoyote]

I wanted to get pics of the Sagamore Bridge in Bourne, MA. I checked B4UFLY and FAA website and it had no restrictions. Only after I flew the Cape Cod Canal in Bourne, a person on FB showed me the attached note that says US Army Corps prohibits flights.

Which is correct?

 

[sar104]

They have been pushing this position for some time, citing 36 CFR 327.4, but it's clearly an incorrect interpretation.

36 CFR § 327.4 Aircraft​

(a) This section pertains to all aircraft including, but not limited to, airplanes, seaplanes, helicopters, ultra-light aircraft, motorized hang gliders, hot air balloons, any non-powered flight devices or any other such equipment.​

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(b) The operation of aircraft on project lands at locations other than those designated by the District Commander is prohibited. This provision shall not be applicable to aircraft engaged on official business of Federal, state or local governments or law enforcement agencies, aircraft used in emergency rescue in accordance with the directions of the District Commander or aircraft forced to land due to circumstances beyond the control of the operator.​

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(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.​

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(d) Nothing in this section bestows authority to deviate from rules and regulations or prescribed standards of the appropriate State Aeronautical Agency, or the Federal Aviation Administration, including, but not limited to, regulations and standards concerning pilot certifications or ratings, and airspace requirements.​

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(e) Except in extreme emergencies threatening human life or serious property loss, the air delivery or retrieval of any person, material or equipment by parachute, balloon, helicopter or other means onto or from project lands or waters without written permission of the District Commander is prohibited.​

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(f) In addition to the provisions in paragraphs (a) through (e) of this section, seaplanes are subject to the following restrictions: ...​

(b) clearly prohibits the operation of aircraft (takeoff and landing) except at locations designated by the DC.

(c) prohibits reckless flight over USACE land or waters.

(d) acknowledges FAA authority over airspace.

So yes - they can prohibit sUAS operation from USACE land, but they have no authority to prohibit overflights.

 

[tlswift58]

They have been pushing this position for some time, citing 36 CFR 327.4, but it's clearly an incorrect interpretation.

36 CFR § 327.4 Aircraft​

(a) This section pertains to all aircraft including, but not limited to, airplanes, seaplanes, helicopters, ultra-light aircraft, motorized hang gliders, hot air balloons, any non-powered flight devices or any other such equipment.​

​

(b) The operation of aircraft on project lands at locations other than those designated by the District Commander is prohibited. This provision shall not be applicable to aircraft engaged on official business of Federal, state or local governments or law enforcement agencies, aircraft used in emergency rescue in accordance with the directions of the District Commander or aircraft forced to land due to circumstances beyond the control of the operator.​

​

(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.​

​

(d) Nothing in this section bestows authority to deviate from rules and regulations or prescribed standards of the appropriate State Aeronautical Agency, or the Federal Aviation Administration, including, but not limited to, regulations and standards concerning pilot certifications or ratings, and airspace requirements.​

​

(e) Except in extreme emergencies threatening human life or serious property loss, the air delivery or retrieval of any person, material or equipment by parachute, balloon, helicopter or other means onto or from project lands or waters without written permission of the District Commander is prohibited.​

​

(f) In addition to the provisions in paragraphs (a) through (e) of this section, seaplanes are subject to the following restrictions: ...​

(b) clearly prohibits the operation of aircraft (takeoff and landing) except at locations designated by the DC.

(c) prohibits reckless flight over USACE land or waters.

(d) acknowledges FAA authority over airspace.

So yes - they can prohibit sUAS operation from USACE land, but they have no authority to prohibit overflights.

@sar104 - great response. It's crazy to see even a federal government agency overreaching it's authority - none of them ever do that, right!

Maybe the CoE needs to coordinate with the FAA to "restrict" such airspace on a case by case basis - like TFR's are done, if they do not want overflies on their projects. But, don't give them any ideas about doing that - as they will jump on that in a heartbeat and airspace will be gone.

 

[Dbez1]

A couple years ago, I contacted the FAA UAS division about this exact same issue. After some research on their part, they phoned the COE at the location in question and told them they had no jurisdiction regarding the airspace OVER the lake and dam, they could only prohibit flying from their physical property. The gentleman from the UAS followed the call up with a letter and emailed me a copy recommending I keep it in my flight case. The people at UAS are really great to work with and you can contact them at [email protected]. In other words, the above responses are exactly right. One word of caution though, it’s unwise to poke the bear unnecessarily, so you might want to fly somewhat discretely.

 

[sar104]

@sar104 - great response. It's crazy to see even a federal government agency overreaching it's authority - none of them ever do that, right!

Maybe the CoE needs to coordinate with the FAA to "restrict" such airspace on a case by case basis - like TFR's are done, if they do not want overflies on their projects. But, don't give them any ideas about doing that - as they will jump on that in a heartbeat and airspace will be gone.

They already do that over facilities that are designated as national security risks, but there are not many of those. The average USACE property doesn't meet the criteria for that.