AK – Alaska
“Clan Council” totem pole arrangement atop Cape Fox Hill, Ketchikan, Alaska.
Photo courtesy of the CIA World Factbook
Alaska government website just for reference.
The AKDOT also has a AKDOT UAS Page.
Alaska Legislature in case more laws were written since this book was published.
Last updated on March 18, 2024
Airspace
In addition to checking the FAA UAS Facility Map or B4UFLY or SkyVector or Google Maps one should consider also FAA JO 7400.10F – Special Use Airspace which is an order, published yearly, providing a listing of all regulatory and non-regulatory special use airspace areas, as well as issued but not yet implemented amendments to those areas established by the FAA.
Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.
Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:
(a) The using agency described in § 73.15; or
(b) The controlling agency described in § 73.17.
These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:
(1) Schedule activities within the restricted area;
(2) Authorize transit through, or flight within, the restricted area as feasible; and
(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.
For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.
Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.
Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.
Alert Areas: Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.
Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.
National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.
Crewed Aircraft in your Airspace
CREWED AIRCRAFT
5 Alaska Admin Code 33.398
Use of aircraft unlawful
In the Southeastern Alaska Area,
(a) during an open commercial salmon fishing period, a person may not use an UA to locate salmon for the commercial taking of salmon or to direct commercial salmon fishing operations;
(b) during an open commercial purse seine fishing period for an area other than a terminal harvest area, a person may not use an aircraft to locate salmon for the commercial taking of salmon or to direct commercial salmon fishing operations one hour before, during, and one hour after an open commercial purse seine fishing period.
5 Alaska Admin Code 92.080
Unlawful methods of taking game; exceptions
The following methods of taking game are prohibited:
(1) by shooting from, on, or across a highway;
(2) with the use of a poison or substance that temporarily incapacitates game, except with the written consent of the board; or with the use of an Electronic Control Device (ECD) Taser-type device that temporarily incapacitates game, except under a permit issued by the department; however, the use of a poison for taking deleterious exotic wildlife within a building, vessel, port, vehicle, or aircraft, is authorized without board approval when using Department of Environmental Conservation registered pesticides in their approved manner under 18 AAC 90;
(3) unless otherwise provided in this chapter, knowingly, or with reason to know, with the use of a helicopter in any manner, including transportation to, or from, the field of any unprocessed game or parts of game, any hunter or hunting gear, or any equipment used in the pursuit or retrieval of game; this paragraph does not apply to transportation of a hunter, hunting gear, or game during an emergency rescue operation in a life-threatening situation;
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11 Alaska Admin Code 96.016
Designated public use areas
(a) This section addresses management of sites and areas of state land, or interests in land, that have been designated under AS 41.23 as public use areas. Unless otherwise provided in (b) of this section, special requirements applicable to designated public use areas are in addition to requirements applicable to state land under AS 38, AS 41.23, and this title.
(b) Within areas designated under AS 41.23 as public use areas,
(1) a permit or other written authorization is required for an activity listed in 11 AAC 96.010;
(2) commercial recreation uses and activities involving generally allowed uses under 11 AAC 96.020 are subject to registration under 11 AAC 96.018;
(3) unless otherwise prohibited in (c) of this section, the land uses and activities listed in 11 AAC 96.020, alone or in combination, are generally allowed uses without any permit or other written authorization from the department, except that a land use or activity for a commercial recreation purpose requires prior registration under 11 AAC 96.018; and
(4) a person may not engage in the commercial harvest of non-timber forest products without a permit under 11 AAC 96.035;
(5) a permit or other written authorization is required for the use or occupancy of the Kenny and Patti Barber Shooting Range, as depicted on the map entitled Kenny and Patti Barber Shooting Range, dated May 18, 2016, and adopted by reference; within the Kenny and Patti Barber Shooting Range
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11 Alaska Admin Code 96.018
Uses requiring registration
(a) Entry will be permitted under 11 AAC 96.020 as a generally allowed use for commercial recreation purposes on a day-use basis with no camp or facility, whether occupied or unoccupied, that remains overnight, and including landing commercial recreation clients on state land by aircraft or watercraft other than at an airport or harbor managed by a municipality or by the Department of Transportation and Public Facilities, if the operator complies with the following requirements:
(1) registering with the department before the use each calendar year;
(2) providing information required by the department, including the name of the business, type of activity, geographic area, number of clients served, number of visitor days, number of days in operation, and means of access to and from the area; and
(3) paying a registration fee as required by 11 AAC 05.180.
(b) Registering a use of state land
(1) is not a disposal of an interest in land; and
(2) does not grant a preference right to a lease or other disposal.
Alaska Statute 14.40.082
Unmanned aircraft system training.
The University of Alaska may establish a training program in the operation of unmanned aircraft systems.
Alaska Statute 18.65.900
Law enforcement use of UAS
Except as provided in AS 18.65.900 — 18.65.909, a law enforcement agency may not use an unmanned aircraft system.
Alaska Statute 18.65.901
Operational requirements for UAS
(a) A law enforcement agency shall adopt procedures for the use of UAS. The procedures adopted under this section must require, at a minimum, that the law enforcement agency
(1) obtain any authorization, permit, or certificate required by the FAA to operate the UAS;
(2) allow the UAS to be operated only by UAS pilots and crew members who have been trained and certified in the operation of the UAS and only under the supervision of officials trained in the policies and procedures governing the use of the UAS;
(3) provide that the flight of an UAS be approved by the commissioner or deputy commissioner of public safety or the chief administrative officer of the law enforcement agency or the officer’s designee;
(4) ensure that the flight of an UAS be for a public purpose;
(5) maintain a record of each flight, including the time, date, and purpose of the flight, and the identity of the authorizing official;
(6) establish an auditable flight record system, including the documentation of a change in a flight time record;
(7) establish a method for notifying the public of the operation of an UAS, unless notifying the public would endanger the safety of a person;
(8) provide for community involvement in the development of the policies required in this section, including the consideration of public comment.
(b) In this section, “chief administrative officer” has the meaning given in AS 18.65.290.
Alaska Statute 18.65.902
Use of an UAS by a law enforcement agency
A law enforcement agency may use an UAS
(1) to gather evidence in a criminal investigation
(A) under the express terms of a search warrant issued by a court; or
(B) in accordance with a judicially recognized exception to the warrant requirement; or
(2) in situations and for uses not involving a criminal investigation and not intended to lead to the production of evidence for use in a criminal investigation if the use does not constitute an unwarranted invasion of personal privacy and is consistent with the procedures in AS 18.65.901.
Alaska Statute 18.65.903
Retention of images
(a) A law enforcement agency may not retain images captured by an UAS unless retention of the image is required
(1) as part of an investigation or prosecution;
(2) for training purposes; or
(3) by federal or state law or by municipal ordinance.
(b) Images that may not be retained under (a) of this section are confidential and are not public records under AS 40.25.100 — 40.25.295.
Alaska Statute 18.65.909
Definitions
In AS 18.65.900 — 18.65.909,
(1) “law enforcement agency” has the meaning given in AS 12.36.090;
(2) “unmanned aircraft system” means an UA that is operated without direct human intervention from inside or on the aircraft and includes the associated support equipment, control station, data links, telemetry, communications, and navigation equipment necessary to operate the unmanned aircraft;
(3) “unmanned aircraft system crew member” means a person other than an UAS pilot who is assigned to duties related to an UAS during flight;
(4) “unmanned aircraft system pilot” means a person exercising control over an UAS during flight.
Alaska Statute 29.35.146
Regulation of UAS
(a) A municipality may not adopt an ordinance that permits the release of images captured by an UAS in a manner inconsistent with AS 18.65.903.
(b) In this section, “unmanned aircraft system” has the meaning given in AS 18.65.909.
Alaska Department of Natural Resources Rules
Commercial filming is any filming that involves the digital or film recording of a visual image or sound recording by a person, business, or other entity for a market audience. This includes recordings such as those used for a documentary, television or feature film, advertisement, or similar projects. This does not include filming intended to be used exclusively for a specific news story or item for broadcast or publication. Commercial filming on general state land in Alaska, which includes state uplands, shorelands, tidelands, and freshwater bodies, requires an authorization from the Department of Natural Resources (DNR) Division of Mining, Land and Water (DMLW). There are three different types of authorization for commercial filming depending on the duration and scope of the production or filming activity. For more information see Alaska Department of Natural Resources.
Alaska Insurance for Recreational Drone Use
Alaska Insurance for Recreational Drone Use – Rules for drones are being developed as UAVs become integrated into our airspace. Insurance companies will follow the developments regarding drone regulations. As regulations become clearer and more complete, insurance companies will be better able to meet policyholders’ needs. For now, follow the same procedures as you would with your auto or home insurance.
Chugach State Park Rules
Persons conducting commercial activities within Chugach State Parks must obtain, in advance, a permit issued by the Division of Parks and Outdoor Recreation per State of Alaska regulations. Examples of Commercial activities include guided activities, outfitting, commercial photography and filming, charter services, transportation services, etc.
Drone/UAS Operator Safety Guidelines and FAQs about privacy
Drone/UAS Operator Safety Guidelines and FAQs about privacy – Unmanned Aircraft Systems Legislative Task Force prepared this document in 2015. Alaskans guard their personal privacy very seriously. How do we define privacy when it comes to UAS commonly known as drones? Because of the rapid development of UAS technology, this question is being contemplated worldwide, and new boundaries must be identified. A threat to safety can be pinpointed more easily because a person can see the aircraft, operator and its effects; on the other hand, a threat to privacy is not so easily pinpointed because it involves thought, sentiment, emotion and perception.
Municipality of Anchorage Code
3.102.010 – Restrictions on the use of UAS by the municipality.
A. In order to protect the constitutional right to privacy, as set forth in the Alaska State and U.S. Constitutions, of persons in the Municipality of Anchorage, and to ensure their safety, the following uses of Unmanned Aircraft Systems (UAS) by departments, agencies and contractors of the Municipality of Anchorage (MOA) are restricted as follows:
1. A UAS shall not be used in violation of AS 18.65.900—18.65.909 Law Enforcement Use of UAS;
2. A UAS shall not be used for routine patrol activities;
3. A UAS shall not be used for warrantless searches that are specifically seeking evidence as part of a criminal investigation;
4. A UAS shall not be used in a manner that violates a person’s reasonable expectation of privacy unless supported by a warrant, or in accordance with a judicially recognized exception to the warrant requirement;
5. A UAS shall not be weaponized, nor shall it be used as a weapon;
6. A UAS shall not be used for any surveillance of persons or groups involved in constitutionally protected activities;
7. A UAS shall not be used for traffic enforcement activities, except to the extent that such use relates to an accident investigation; and
8. An MOA owned UAS shall not be permitted to be used by any non-Municipality of Anchorage agency including, but not limited to, agencies of the State of Alaska or agencies of the United States of America.
B. No later than June 1 of each year, the mayor or a designee shall transmit to the assembly and cause to be publicly posted on the municipal website a report with all following information:
1. For each municipal department and agency that used a UAS in the preceding calendar year:
a. The number of instances in which a UAS was used;
b. A general description of the type and purpose of each use that sufficiently explains how the use was not prohibited by this section, and, if applicable, whether the use was pursuant to a search warrant, a court order, or a judicially recognized exception to the warrant requirement; and
c. Any new policy, or change in department or agency policy, related to the use of UAS.
2. The annual report from the Anchorage Police Department shall also include:
a. The number of arrests made where UAS was utilized in a related incident response or investigation, regardless of whether the information gathered from the UAS was used to establish probable cause.
C. Definitions.
1. UAS/Unmanned aircraft systems means a system that includes the necessary equipment, network, and personnel to control an unmanned aircraft.
2. UA/Unmanned aircraft means an aircraft that is intended to navigate in the air without an on-board pilot. Also alternatively called a remotely piloted aircraft (RPA), remotely operated vehicle (ROV), or drone.
University Drone Policies
Note: This list is just a sample… many more could be added.
Advanced Air Mobility (AAM)
2022 – Alaska UAS/UAM Workshop
2023 – Alaska Airlines, United Outline AAM Business Models
2023 – 03/14/2023 01:30 PM Senate TRANSPORTATION
2023 – Request for Proposals
Short Essay Questions
Question 1
You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.
They need you to prepare a one-page memo detailing the legalities of filming the “Clan Council” totem pole arrangement atop Cape Fox Hill, Ketchikan, Alaska, pictured above.
They need you to mention any state laws and local ordinances.
They specifically want to know what airspace you will be operating in, and whether or not you need an airspace authorization, with or without LAANC capability.
Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!
Question 2
Do the state drone laws implicate the First Amendment? If so, describe, citing the exact law.
Question 3
Do the state drone laws implicate the Fourth Amendment? Or involve law enforcement officers obtaining warrants? If so, describe, citing the exact law.
Question 4
Do the state drone laws contain a preemption clause? If so, describe, citing the exact law.
Question 5
Does the state have UAM/AAM laws? If so, describe, citing the exact law.
Question 6
Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.
