Yes the 400’ AGL is above the ground as you follow the terrain. It does not include trees, cell towers, power lines, buildings, bridges, and the list goes on.
If it is part of the ground such as hills, mountains, natural rock piles, etc. then you can be up to 400’ above it and no more. Trees are not considered part of the ground.
This topic actually came up in another thread, and some thought that the exemption for recreational pilots used to allow the 400’ above when within 400’ of an obstruction. That has never been the case, and has only been allowed for §107 in Class G and Class E (except for E2 surface) airspace.
"Natural rock piles". What about unnatural man-made rock piles? One's natural, the other is a "structure"?
I do know that you are totally correct, because that is what the FAA regulations do say. I'm just still curious why anyone thinks this makes any sense. What purpose is served by such a distinction?
Isn't the intent to ensure safe separation between manned and unmanned aircraft? I don't know what the actual FAA requirements say for manned aircraft, but other than for landing/takeoff (and other exceptions like helicopters and cropdusters etc) aren't manned aircraft supposed to stay 500'(?) away, horizontally and vertically, from any "obstacle", not just ground. Obstacles include terrain, structures, towers, and
even trees, no?
Flying over a dense forest, manned aircraft should probably stay at least 500' higher than the treetops, no? That distance wouldn't be measured from the ground's surface. It's not safe for manned aircraft to be skimming the tops of 500' tall trees, eh.
So if manned aircraft are supposed to stay that far away from any obstacle, why shouldn't drones be allowed to safely operate within that vacant airspace, no further than 400' from any obstacle (measured vertically and horizontally). Wouldn't that make more a whole lot more sense?
I do understand how this came to be. Originally the wording said something like, drones cannot ever be operated higher than 400' above ground. But then commercial drone pilots would be barred from using drones for tower inspections higher than 400'. So an allowance was made for "structure" inspections. But since inspections aren't allowed under Recreational flight, that extra height allowance only applies to Part 107 operations. Hence the resulting distinction between Recreational and Part 107.
But it still makes no sense.
If I'm allowed to conduct recreational flights an additional 400' over any natural obstacle made of earth or rock, why should it be any different if that obstacle is a tree, or a man-made obstacle composed not of earth but a hill of garbage in a landfill site, or any other man-made obstacle constructed of metal or concrete (structures)?
Manned aircraft still need to stay the same distance away horizontally and vertically from "structures", same as any other "obstacle".
I understand that it says what it says. I just don't understand WHY it should say what it does. If I can fly over a 400' hilltop, why can't I fly over a 400' tree? That's just silly.