Question on airspace

[Bigbird48]

Can a property owner restrict the airspace over their property. I wanted to photograph NHMS (New Hampshire Motor Speedway)from the air. I checked their website for drone restictions and it said no drones allowed to fly there including the airspace above the property. Well I'm thinking they can say that but really have no authority to say you can't fly a drone over the property as long as you don't take off from or land on it. I checked NOTAMS and TFR's for that area and found none. So if theres no events going on,no people in the grandstands,, no cars on the track ,I would think it's ok to fly over and take pictures. What say you all?

 

[msinger]

Can a property owner restrict the airspace over their property.

No, but you must follow US law when flying over private property. Even if you're not breaking the law, it's usually not a good idea to fly where it's not wanted.

 

[Drone_guy]

They can't restrict you from the airspace but I think it's considered trespassing if you're lower then the highest point on the structure/house. Now keep in mind I have no idea what I'm talking about soooooo.

 

[Bigbird48]

well I'd be at 3 to 400 feet to get a good shot of the track.

 

[JSKCKNIT]

well I'd be at 3 to 400 feet to get a good shot of the track.

That high up, most likely nobody will notice. Unless you're flying a Mavic Air, then they'll hear you! Some states do have laws that prohibit photographing private property, even from the air.

Semper Fi!

 

[DanMan32]

Though more specific to football/baseball games, FAA rules do prohibit flying near stadiums during games and one hour bedore/after them.
You also have the rule about flying over groups of people.

 

[mikemoose55]

I would find myself a private pilot, grab my camera fly over the facility and take pictures on serval passes record the flight , time date flight path etc. have the pilot's filght plan as eidence.
Then same day put up my drone and photo the same facility. If it legal for the full size to be over flying within FAA rules and you fly within FAA rules the property owner would have to have an issue with both operations or be discriminating against your flight.
Obviously the property owner can not restrict a full size over flight unless there is specific air space restriction in place. Your bigger issue is however is what you might do with the photos. NHMS is a commerical operation and you will undoubtly capture trademark or commercial value images that they certainly have issue with if you publish images. This I think is your bigger problem.
Go on google search NHMS images you will see many shot from the air HOWEVER none seem to be photographed from a position over the property directly. It would seem you have iron clad evidence to have the same advantage point especially since you will see the google images are actual event pics and yours will not be. I doubt all those photos were licence based.

Lastly contact the local airport just to see if there are any non event airspace restrictions ever registered for the lacation.

Post Script comment look at Pinterest some direct overhead shots of NHMS
mooseman

 

[beachcombing]

Though more specific to football/baseball games, FAA rules do prohibit flying near stadiums during games and one hour bedore/after them.
You also have the rule about flying over groups of people.

The prohibition applies to NASCAR and NCAA football events as well, although the OP has stated that his activities would take place when no spectators are present.

Airspace Restrictions

 

[ac0j]

Is yet another overhead shot of this track really that important? There is a bunch already out there to choose from. Maybe find a less popular subject and lets see something new and different?
That wont have you angering any track owners with more money than most of us. Wrong or right, they can force you to spend your hard earned money defending your actions. Legal or not.

 

[DanMan32]

The prohibition applies to NASCAR and NCAA football events as well, although the OP has stated that his activities would take place when no spectators are present.

Airspace Restrictions

I missed the part about there not being an event. In that case, assuming everything else is legal, they can't restrict.