Height above private property?

[AMann]

Its a real law and permit but I was joking about the FAA's involvement. That was the wiseacre in me.



Sounds about right (but less ominous when put that way)! A good example of how local park may regulate activities as seemingly innocuous as looking up at sky. At first blush, it sounds preposterous to regulate stargazing but if its occurring "after normal park hours" then it might very well be a legit exercise of "police power."

I used to be a naturalist at a wildlife reserve and also love astronomy, so I used to host popular star parties after hours there. However, we had to stop doing them because we had some accidental roadkill’s of sensitive nocturnal wildlife by exiting public. Limiting the number of people and when they go star gazing may be a good way to protect resources.

It also keeps rift-raft like partying teens and parkers out...

 

[MAvic_South_Oz]

So I've read this: Fact Sheet – Small Unmanned Aircraft Regulations (Part 107), but am wondering if this is accurate? Is flying over someone's house illegal if no one is is outside under the drone? We have a neighbor claiming most airspace above their house is their property and drones flying overhead is, therefor, illegal. Can anyone provide clarification?

Re-reading your questions, specifically "Is flying over someone's house illegal if no one is is outside under the drone?"

I expect in the fact sheet you refer to this ?
"You currently cannot fly a small UAS over anyone not directly participating in the operation, not under a covered structure, or not inside a covered stationary vehicle."

If so, that is only for flying over people . . . you can't unless they are inside a covered structure (ie home, building shed etc) or a stationary vehicle.
You may have read that as not being able to fly over a covered structure.

Read that twice, don't think I missed anything else about buildings.

 

[CactusJackSlade]

States will likely also have laws affecting drone use. In Nevada, NRS 493.103 states one cannot overfly private property at an altitude less than 250 feet AGL. However, it's interesting to note that doing so the first time is not trespass, and that the onus is on the property owner to notify the drone operator, in writing, that he does not have the owner's permission to overfly his property at less than 250'. Further flight at <250' would then be trespass. (There are separate laws regarding peering through windows etc.)

Not sure how the 250 foot rule over private property can be enforced - that conflicts directly with FAA's (complete) airspace jurisdiction.

 

[tcope]

Oh yes they can, a least inasmuch as it *doesn't* conflict with federal law, and when it does, most court decisions tend to be reasonable when it comes to private property. There are numerous court cases addressing the conflicts between avigation and private property rights. Though I will admit there are conflicting arguments on both sides. I've been a private pilot (SEL, Instrument & Glider) and aircraft owner since 1991, so while that makes me no expert, I'm at least familiar with how convoluted things can get.

See:Navigable Airspace for Drones: Private Property Rights and Regulated Airspace

However, it DOES conflict with Federal Law. The US Code states that the Federal Government controls airspace and the FAA is the department that make the regulations.