But Drone Enthusiasts Say Only FAA Can Make Such A Designation

The Deadwood (SD) city commission earlier this month gave initial approval to a drone ordinance that would completely ban drone flights over the historic downtown area, and includes other restrictions such as no flights over schools, hospitals, public utilities and other buildings. The ordinance would also preclude flights over people not involved with the operation of the drone, over vehicular traffic, or property not owned by the drone operator without the consent of the property owner.

The very restrictive nature of the ordinance has drone operators and enthusiasts questioning the ability of the city commission to make such a law, saying that while municipalities can restrict some uses of drones, only the FAA can regulate the airspace, according to a report from the Rapid City Journal.

FAA regional spokesman Tony Molinaro told the paper in a statement that "[b]y law, the FAA is charged with ensuring the safe and efficient use of U.S. airspace,” the statement read. “This authority generally pre-empts any state or local government from enacting a statute or regulation concerning matters — such as airspace regulation — that are reserved exclusively to the U.S. government.

“But, state and local governments do retain authority to limit the aeronautical activities of their own departments and institutions. Under most circumstances, it would be within state or local government power to restrict the use of certain aircraft, including a UAS (unmanned aerial system), by the state or local police or by a state department or university,” the statement continued. “Drones are legally defined as aircraft, and the FAA was created by Congress to control all navigable civilian airspace in the US. Public operations of drones (including police work) can take place after approval by the FAA.”

But Deadwood Police Chief Kelly Fuller told the paper that he thinks the city's ordinance would stand up to scrutiny by the agency. He cites statements by FAA General Counsel Reginald Govan in April and May in which he said "cities have the authority to make reasonable time, manner and place restrictions on the operation of unmanned aircraft.”

The ordinance is set for a second and final vote on Monday.

(Image from file)

FMI:  Commission Agenda