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Wed, Sep 12, 2018

Nags Head Passes Drone Ordinance

AMA Has Concerns About One Section

The Town of Nags Head, North Carolina has passed revised drone ordinance after city leaders realized that their portions of their local law were superseded by federal regulations.

For the purposes of the ordinance an "unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. This definition includes devices commonly referred to as drones, remote controlled aircraft, and model aircraft.

Under the revised ordinance:

  • Unmanned aircraft and unmanned aircraft systems operated within the Town shall be operated and registered in accordance with all statutes, rules and regulations of the Federal Aviation Administration (FAA) and the State of North Carolina.
  • Launching and recovering small unmanned aircraft on Town property is prohibited without prior written approval from the town manager. Requests for approval must include proof of required state and federal registrations and/or permits, as appropriate. When considering such requests, the town manager may consider, without limitation, the potential benefits and/or risks to the Town, and the safety and welfare of the public, and/or the proposed operator from the proposed use of the small unmanned aircraft on or over public property.
  • Operation of small unmanned aircraft shall not interfere with a public safety incident.
  • Small unmanned aircraft that carry pyrotechnic devices that explode, burn, or produce smoke and small unmanned aircraft that propel a projectile or drop objects that pose a safety risk are prohibited.
  • Using a small unmanned aircraft for racing, aerobatics, or "3-D" purposes is prohibited, unless at an event permitted by the Town.

The AMA is working with the town concerning the last item. It would appear to prohibit any aerobatic flights by model aircraft other than at a sanctioned event.

(Image from file)

FMI: Ordinance text

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