GoKawiilIn a nutshell: From hobby flights and package deliveries to first-responder missions, drones are becoming an increasingly common sight. But one Colorado city is considering introducing rules that would ban unauthorized flights over a long list of public places. Flying over private property without the owner's permission – or operating a drone in a "reckless or careless manner" – would also be prohibited. That could put the proposal on a collision course with the FAA, which says it has exclusive authority over aviation safety and the efficient use of US airspace.
The Wheat Ridge City Council discussed the proposed ordinance during a study session on Monday, reports Colorado Politics. The city currently relies on FAA rules, but officials cite concerns about privacy, noise, wildlife, nuisance behavior, and public safety.
Under the draft, operating a drone over or on city property without written permission from the city manager would be prohibited. That includes public streets, alleys, playgrounds, parks, open spaces, parking lots, and public buildings. The police chief could also order all drone activity within the city grounded for "specific public safety purposes."
Councilmember Rachel Hultin supported designating locations such as Creekside Park where hobbyists could fly without seeking permission. She also described a drone that hovered outside her office window for around three minutes earlier this year.
"It was pretty unnerving," Hultin said.
Police Chief Chris Murtha requested exemptions allowing police and fire departments to use drones without first obtaining the city manager's approval.
The biggest question is whether Wheat Ridge actually has the authority to control flights over these locations. FAA guidance says state and local governments may regulate drone-related privacy, trespassing, harassment, reckless endangerment, and takeoffs or landings on property they control.
However, the agency says local "No Drone Zone" designations apply only to the ground, prohibiting drone takeoffs and landings rather than flights through the airspace above. Rules restricting where drones may fly are more likely to face federal preemption than laws targeting how they are used.
In 2017, a judge struck down parts of Newton, Massachusetts' drone ordinance that prohibited flights below 400 feet over private property without the owner's consent and over public property without city permission. The court found that the rules intruded into federally controlled airspace and amounted to an effective citywide drone ban.
Wheat Ridge wouldn't be Colorado's first municipality with such restrictions. Telluride already requires a permit to operate over streets, parks, trails, and public buildings, while similar language has appeared in several other Colorado towns.
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