Fly your drone just about ANYWHERE! (What local authorities don't want you to know)

Local laws CANNOT prohibit you from flying through navigable airspace!
This includes Private Property.

The law is on YOUR SIDE:
http://www.heronaerialphotography.com/faa-law-navigable-airspace

FAA stance on Federal vs Local ordinances:
https://www.faa.gov/news/press_releases/news_story.cfm?cid=102_P_R&newsId=22938#:~:text=Congress%20has%20provided%20the%20FAA,traffic%20control%2C%20among%20other%20things.&text=However%2C%20these%20powers%20are%20not,control%20of%20land%20and%20zoning.

NOTE:
Always check sectional charts to see what class airspace you’re working in prior to flying. Local authorities can dictate where you take off and land from, but they have ZERO power to prevent you from flying through proper, navigable US airspace.

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50 Comments

  1. G H on May 3, 2021 at 1:59 am

    KEN!

    Here’s an interesting contradiction in my Illinois:
    SB 3291 // 2018

    This law states that the State of Illinois has the sole authority to pass drone laws. Cities, towns, and other municipalities may not enact regulations or restrictions on the usage of drones. A special exemption is granted for municipalities with over 1,000,000 residents.

    Does this mean that previous ordinances passed at the city or municipality levels are void/moot, or grandfathered in? What are your thoughts?
    https://statedronelaw.com/state/illinois/

  2. Bird's Eye NY on May 3, 2021 at 2:01 am

    Does this include ny state parks?

  3. Josh Pfeiffer on May 3, 2021 at 2:03 am

    What exactly is navigable airspace is there a maximum or minimum height requirement???

  4. SnackDestroyer on May 3, 2021 at 2:05 am

    I’m fired up now

    IAC 312 8-2-8 (i) // 2018

    This law prohibits the use of drones on Indiana Department of Natural Resources (DNR) property such as state parks, natural and recreational areas. Licenses to launch and film may occasionally be granted by DNR or by specific DNR divisions.

  5. Abhaya on May 3, 2021 at 2:07 am

    Just today in pacific grove CA I was stopped from flying my drone by a pacific grove cop even though I was outside prohibited air space. I don’t think this harassment will not stop until a civil case is brought against them.

  6. Dark Justice on May 3, 2021 at 2:07 am

    Appreciate the news on this very much.
    But on the flip side, be sure to realize that laws & rules are only good if they are acknowledged. If the police choose to not do so, your only course of action is through the courts, and that’s usually after you are arrested.
    I for one always stand up for my rights, but also know I have to pick & choose my battles carefully.

  7. Big Country on May 3, 2021 at 2:07 am

    Ken Thank you kind sir i just had a bad Experience Friday here in Texas flying my new FIMI X8 SE 2020………… here i will post a brief Description, I wish this had Audio!!!
    Just had a Texas State Trooper proceed to chew my ass and say they could have took it at as a threat and shoot my drone down when im flying within the Federal Law Guidelines!!!!!!! all because i lowered my drone down to 100 feet above them this happened, ok here is video 1 https://www.youtube.com/watch?v=CXHuzA-Llnw and here is video 2 https://www.youtube.com/watch?v=YJ-VOHLwHGY, this mess had me so pissed off i didnt sleep that night………. i wish i had this information printed out and ready to hand to someone right then and there!!!! Thank you again Ken, Kind Sir, PS Loved the comedy.

  8. Swiat34 on May 3, 2021 at 2:08 am

    So when someone flies their drone outside your house windows and has pictures and video of your wife or children, just remember that some people actually support federal law that totally f*cks your personal privacy.

  9. SEAsUAS on May 3, 2021 at 2:10 am

    Dirty Louisiana cops don’t want Joe Q. Public to have eyes in the sky 🤔

  10. mary fenton on May 3, 2021 at 2:11 am

    Don’t count on it…private property cases have been settled for property owner..

  11. TriProt on May 3, 2021 at 2:12 am

    NC (Dept. of Transportation) requires a permit to fly commercially in addition to possessing a Part 107 certification which adds more rules to flying. How on earth is a roadway authority allowed to make airspace rules? I took the test not to make waves, but this seems to be over-reaching. https://www.ncdot.gov/divisions/aviation/uas/Pages/commercial-operators.aspx

  12. Richie T on May 3, 2021 at 2:13 am

    Thank you very much from Hawaii! As I was flying yesterday a beautiful landscape I’d love to share with you I did have concerns… Coincidentally here we are I have placed in my drone bag copies.

  13. Daniel Kezar on May 3, 2021 at 2:14 am

    EPIC

  14. CHOPPER GIRL on May 3, 2021 at 2:14 am

    3:00 – the United States does not have sovereignty over all the airspace over North America. They say they do, but anybody can say anything about anything. They are making their own sh1t up.

    I own all the mining rights on Mars. I also own the entire left side of the galaxy. *shrug* I can even print it up on a nice sheet of paper and put numbers in front of all my bold claims, with subpoints, on nice looking letterhead and stationary, if that convinces you. If you need to defer to some authority figure to tell you what you can and can not do, then defer to me. I’m much more friendly and much more benevolent. Chose your leaders you want to obey wisely. Me, I obey no one. Esp. not strangers.

    The truth of the matter is that the air is a commons for everyone to use and enjoy. That being said, don’t go fvcking up the commons with pollution or dumb activity. Like, oh, I don’t know, dropping carpet bombs through on innocent civilians, for example.

  15. Rob Graham on May 3, 2021 at 2:14 am

    if you don’t like it you can kiss my grits

  16. Joseph DeBiasi on May 3, 2021 at 2:17 am

    So is my hand be considered private property? And if so can I take off and land in my hand?

  17. Joseph Rickard on May 3, 2021 at 2:19 am

    This needs to be put on a T shirt! *Hint, hint… 😆

  18. S C Yz on May 3, 2021 at 2:21 am

    Ken, I posted info on this exact subject many moths ago (maybe over a year ago) and it included what you read at about the 3:00 minute mark. I learned about these FAA laws/regulations many years ago connected with my activities as a hang glider pilot.
    What I really find interesting are peoples’ comments about taking off and landing. What many don’t realize is that, implicit with transiting the airspace, is the ability to enter and leave that airspace. And, you know what? There have been legal decisions made that define the ability to take off and land as PART of the public right to transit the air space! One such legal case is American Airlines v Hempstead, NY. A couple of the simplest quotes from that case are –

    ". . . that does not constrict the federally granted public right of freedom of transit through air space, including that needed for safe landing and take-off, and certainly confers no legislative power on municipalities."

    "But legislation, whatever its purpose, that denies ACCESS to navigable air space by local rule cannot but be regarded as a plain and forbidden exertion of the power to regulate commerce as such." [caps added] 

    The word "commerce" used here refers to commercial air traffic. But it is just as valid (connected with any aircraft) since your average US citizen usually transits the airspace on a commercial aircraft. Scott W

  19. Hugo Faires on May 3, 2021 at 2:24 am

    Wow yeah that’s right ken thanks alot 😙😚😘😍😙😚😘😗😍😘😚😙

  20. Glen Cote on May 3, 2021 at 2:26 am

    This is the nice thing about living in Connecticut. There is actually a state law that restricts municipalities from enacting ordinances restricting drone flying, unless the town also operates as a public water utility, and they can only restrict flying around public water sources. And you can’t launch or land in state parks

  21. Cannabis Carl_TV on May 3, 2021 at 2:29 am

    Thanks again Ken for great info. I’d be completely lost if it wasn’t for your videos. Hugh Fan. Keep it up.

  22. Big Country on May 3, 2021 at 2:29 am

    Each state may also have drone laws because there is state code and federal FAA code, example in Texas you are allowed to fly your drone around and take video and photos as long as there is no INTENT to CONDUCT surveillance of property or persons……….

  23. Rob Graham on May 3, 2021 at 2:32 am

    does this mean that the local parks in my town can not say we can not fly there?

  24. Crazy Tech & Puppets on May 3, 2021 at 2:32 am

    Ken, are you aware of a Michigan circuit court ruling against Genesee County”s ban on drones, Feb 2020? Prior to the ruling, the county tried to pass a permit requirement for flying in the county’s parks. I can send you the link.

  25. Reel-UVideosByLei on May 3, 2021 at 2:33 am

    Sad you feel it necessary to publicly mock anyone in America. I don’t appreciate your sarcasm. James has enough to fight his case in LA without ignorant people flaming the fire with fuel.

  26. Wind Walker Drones on May 3, 2021 at 2:37 am

    Where can I get a copy of that letter?

  27. David William on May 3, 2021 at 2:37 am

    what about over railroad yards? I heard its a no no because its critical infrastructure

  28. Vincent Louis Aerial Productions on May 3, 2021 at 2:38 am

    Great video Ken but I have a question. If i hand launch and hand catch my drone and my drone never touches the ground on a place where you cannot take off because of signs posting no drones. Any feedback would be great

  29. ramhorn2000 on May 3, 2021 at 2:40 am

    Wow!….You are stupid!
    This is an ongoing battle with the incompetent FAA and the Supreme Court.
    Only a couple of people have been charged with paying for a drone they shot down, but NOT A SINGLE PERSON has been convicted of breaking federal law because it is UNCLEAR.
    There is no accepted definition of NAVIGABLE AIRSPACE.

  30. Dennis Dyer on May 3, 2021 at 2:40 am

    I must be blind…can’t find the pdf to print out.

  31. Big Country on May 3, 2021 at 2:40 am

    Like say you are in Texas this also needs to be known https://statutes.capitol.texas.gov/Docs/GV/htm/GV.423.htm

  32. Mr Howell on May 3, 2021 at 2:41 am

    Poopy heads beware

  33. Mirtha Koch on May 3, 2021 at 2:42 am

    Local governments and property owners can certainly restrict or prohibit whether one can launch or land any aircraft, just as they can control anything that touches or leaves the ground. Aerial transit above the ground is controlled by the FAA, which doesn’t exactly endorse "fly anywhere" either. FAA-2019-1100 will require all drones over 500g to broadcast their location and owner ID to an national network, which you can bet will be monitored by anyone claiming to have a public interest, more or less like tax tables, building permits, traffic violations, or whatever. If no one has tracked drone launchings to date, it is because the task was too difficult, a wild goose chase. The future FAA rules will make it easy to track anyone launching a compliant drone from anywhere. Private security firms or law offices could sell the reports to owners or managers with a plausible "right to know." NFZ restrictions already prevent drone launchings in northern NJ any time a red-capped golfer is at his Bedminster club. The NFZ radius is far wider than that surrounding any major airport. One cannot even launch from one’s own property. Transit beyond visual line of sight (absent advanced tech and permits) is both illegal and difficult to comply with in any area with lots of big trees. If one does comply with VLOS operation, it means adjacent neighbors will see and hear the drone. Some may complain it is spying. Others will object to the noise or complain of reckless operation. Proclaiming one’s aerial transit rights won’t amuse them. Even a friendly cop will be compelled to calm disgruntled neighbors by means of a long "interview" with the operator. Is that even worth the trouble, if flying over one’s own land becomes tedious? A legal R/C field may be within a 100 mile drive, but not be very picturesque, and will cater mainly to fixed-wing R/C flyers who look down on drone operators.

  34. nuts toast on May 3, 2021 at 2:43 am

    Can anyone help please? Why does my holy stone HS720 Drone often get pixalated on the phone screen while I’m flying? Even at close range this happens. Thanks in advance.

  35. Bleedtheway on May 3, 2021 at 2:43 am

    Epic info Ken! Already have the PDF printed out and in my FPV bag. Much love!

  36. the.ronin on May 3, 2021 at 2:44 am

    Bravo man

  37. Ryad Arlan on May 3, 2021 at 2:47 am

    you need to get in touch with this guy:
    https://www.youtube.com/watch?v=-7gHgJa26Ec

  38. Environmental Scientist on May 3, 2021 at 2:47 am

    Hi Ken! I created a "Pre-Flight Checklist" after 3 years of intensely studying Part 107 rules. Thought it might be helpful to others to share it as a Google Drive link: https://drive.google.com/drive/folders/1W7d7h0fyWtD_4Ck-JJMHFV2KbwB8FPuL?usp=sharing

  39. Lu Johnson on May 3, 2021 at 2:48 am

    Hey Ken! Do you happen to have a version of your awesome PDF page that has the word ‘ordinates’ corrected to ‘ordinance’? Thanks. I’ve been reported by a Karen of flying over homes… which I never did ( or ever do, actually) .. but meeting with an officer to provide documentation in the next day or so, in an effort to educate and also show off the hobby. Thanks! If not, I’ll fix it. Thanks for what you do, buddy!

  40. Jermaine Beckley on May 3, 2021 at 2:49 am

    Hey Ken, I don’t know if you heard about the drone that flew over a MLB baseball game in Minnesota today 5/4/20. It was on ESPN. I hope you talk about this on your near show. This kind of thing is going to hurt the drone community. Hope you see this comment, but someone will make a video about it.

  41. Environmental Scientist on May 3, 2021 at 2:50 am

    Yes! Thank you Ken! State law and local municipal law must bow to federal law in this instance—as Congress has granted exclusive authority to the FAA to regulate navigable airspace. As long as you are in compliance with Part 107 rules, private individuals or business owners cannot legally interfere with the flight operation or tell you where you “can” and “cannot” fly in navigable airspace—only the Federal Aviation Administration has that authority. That being said, they can tell you (the person flying the drone) to “get off their property”—which is exercising their right of land ownership. Where you are standing and where you take-off from can make a world of difference! If you are standing on a public sidewalk and take-off from that public sidewalk—you don’t have to leave because you have just as much right to stand there as they do. Park committees, private landowners, and businesses can only discourage take-off and landing on their land. Some parks may even issue a fine for take-off or landing with a drone. But, if you take-off from outside the Park and fly over it—they technically can’t do anything about it. You really should get permission though before flying over business or private property to make sure it won’t bother the owners. Also, to make sure they know it’s you and don’t blast the drone out of the sky with a shotgun. Shooting down a drone is violating federal law, but nobody has yet been punished for it. Many farmers are good folk who are simply not familiar with the UAV laws and consider any unknown drone buzzing around their barn to be “trespassing on their property” (even if the drone is passing “over” their land and not actually “on” their land). A person wouldn’t shoot down a passenger plane just because it dared to “cross their property.” However, they take extreme actions against drones sometimes—even though the drone isn’t hurting anything. But, you can technically fly over private property legally because they don’t control the airspace. And, “A citizen of the United States has a public right of transit through the navigable airspace” § 40103. Sovereignty and use of airspace: >>Page 748<< We as drone operators have a responsibility though. Please do not “fly like a jerk” or harass people or animals! Just because you “can” fly over your neighbor’s yard doesn’t mean that you “should” without asking them. And, people often feel more at ease if they know it’s you flying for fun rather than some pervert spying on them. Sometimes, citizens who panic after seeing a drone will file a formal report to complain about it to the FAA. Yet, if you are flying your drone legally and are not doing anything wrong—the law is on your side.

  42. Martin Justo on May 3, 2021 at 2:50 am

    Hi Ken, as users here are pointing out, State and Local laws can regulate take off and landing. What happens if you take off and land in your hand?

  43. Bob Barker on May 3, 2021 at 2:51 am

    Could that laugh get any faker

  44. Mark Barrentine on May 3, 2021 at 2:51 am

    Ken you left out one little gotcha, State and Local governments are still allowed to regulate takeoff/landing zones on public lands. So even though you maybe able to fly in a city park, the city could prevent you from taking off or landing within the boundaries of the park.

  45. Cannabis Carl_TV on May 3, 2021 at 2:53 am

    PS. Love the comedy 🤣

  46. mepanza on May 3, 2021 at 2:53 am

    How can I send my history to you??? About the officer stop my setup to fly in FLL Florida two days ago!!!

  47. Drone Operator on May 3, 2021 at 2:54 am

    I just got authorization from the FAA and they informed me that even though I received authorization from them I still have to follow local and state laws. So that PDF is not valid.

  48. Deacon B on May 3, 2021 at 2:57 am

    Thanks a million. I won’t leave home without it.👍🏾👍🏾

  49. Wine World TV on May 3, 2021 at 2:57 am

    As many people have pointed out, State and Local laws can regulate take off and landing. They also can hit you with privacy laws. Now, if you’re not recording video or taking picture during the flight, then depending on how the law is written, you’re off the hook for privacy. These laws conveniently avoid the navigable airspace stuff. Though, in Texas, they have an 8′ rule which is bogus.

  50. Vincent DiTizio on May 3, 2021 at 2:58 am

    The problem is that local laws aren’t about airspace. They can regulate where an operator can be ON THE GROUND.

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