GA – Georgia

Flag courtesy of Wikipedia

Downtown Atlanta

Photo courtesy of Wikipedia

Georgia government website just for reference.

The GADOT website just for reference.

Georgia Legislature in case more laws were written since this book was published.

Map courtesy of Wikipedia

Google Earth

Last updated on June 3, 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

Lastly, if you want to be informed about crewed aircraft flying in the vicinity of your drone operation, you can always check with apps like FlightAware or ADS-B Exchange

 

 

Official Code of Georgia Annotated § 6-1-4

OCGA § 6-1-4

UAS defined; preemption for UAS; operations.

(a) (1) As used in this Code section, the term “unmanned aircraft system” means a powered, aerial vehicle that:

(A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;

(B) Uses aerodynamic forces to provide vehicle lift;

(C) Can fly autonomously or be piloted remotely; and

(D) Can be expendable or recoverable.

(2) Such term shall not include a satellite.

State Preemption

(b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state regulating the testing or operation of UAS shall be deemed preempted and shall be null, void, and of no force and effect; provided, however, that a county, municipality, or other political subdivision of this state may:

(1) Enforce any ordinance that was adopted on or before April 1, 2017;

(2) Adopt an ordinance that enforces FAA restrictions; or

(3) Adopt an ordinance that provides for or prohibits the launch or intentional landing of an UAS from or on its public property except with respect to the operation of an UAS for commercial purposes.

(c) The state, through agency or departmental rules and regulations, may provide for or prohibit the launch or intentional landing of an UAS from or on its public property.

Official Code of Georgia Annotated § 42-5-18

OCGA § 42-5-18

Items prohibited for possession by inmates; warden’s authorization; penalty; use of UA to accomplish violations.

(a) As used in this Code section, the term:

(1) “Inmate” means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration, whether or not such person is inside or outside of such place of incarceration.

(2) “Place of incarceration” means any prison, probation detention center, jail, or institution, including any state, federal, local, or privately operated facility, used for the purpose of incarcerating criminals or detainees.

(3) “Telecommunications device” means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration.

(4) “Warden or superintendent” means the commissioner or any warden, superintendent, sheriff, chief jailor, or other person who is responsible for the overall management and operation of a place of incarceration.

(b) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the warden or superintendent or his or her designee.

(b.1) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate tobacco or any product containing tobacco without the authorization of the warden or superintendent or his or her designee.

(c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any intoxicating liquor; tobacco or any product containing tobacco; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; a telecommunications device; or any other item without the authorization of the warden or superintendent or his or her designee.

(d)(1) An inmate who commits or attempts to commit a violation of subsection (c) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if an inmate violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor.

(2) A person who commits or attempts to commit a violation of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a mandatory minimum term of imprisonment of two years but not more than ten years, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court.

(3) A person who commits or attempts to commit a violation of subsection (b.1) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.

(e)(1) It shall be unlawful for an inmate to possess a stored value card, the account number of a stored value card, or the personal identification number of a stored value card.

(2) It shall be unlawful for any person to obtain for, to procure for, or to give an inmate a stored value card, the account number of a stored value card, or the personal identification number of a stored value card.

(3) A person who commits a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a term of imprisonment of not less than one nor more than ten years, unless the judge imposes a misdemeanor sentence pursuant to Code Section 17-10-5.

(f)(1) It shall be unlawful for any person to intentionally use an UAS to violate the provisions of subsection (b) or (b.1) of this Code section.

(2)(A) It shall be unlawful for any person to intentionally photograph or otherwise record images of a place of incarceration through the use of an UAS for purposes of committing a criminal offense.

(B) Any person may secure prior authorization from the warden or the superintendent, or his or her designated representative, of such place of incarceration for photographing or recording as evidence of a noncriminal intent; provided, however, that failure to secure such prior authorization shall not evidence a criminal intent.

(3) Any person who commits or attempts to commit a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be sentenced as follows:

(A) Any person convicted of a violation of paragraph (1) of this subsection shall be imprisoned for not less than one nor more than ten years; and

(B) Any person convicted of paragraph (2) of this subsection shall be imprisoned for not less than one nor more than five years.

(4) For purposes of this Code section, the term “unmanned aircraft system” shall have the same meaning as provided for in Code Section 6-1-4.

Cherokee County Code 42-55

Cherokee County Code 42-55

Use of engine-powered models, air vehicles, toys, and UAS.

(a) It shall be unlawful for any person to start, takeoff, or land any fuel-powered engine, jet-type, or electric powered model aircraft, boat, or rocket or like powered toy or UAS, except at those areas designated by the county for such use and then only in accordance with such rules, regulations and restrictions established by the director or the director’s authorized agent. Furthermore, such permission, when issued, shall be subject to all applicable FAA regulations.

(b) “Air vehicle” means any vehicle that is used or intended to be used for manned operation in the air. The term includes paramotors, ultralight aircraft, hot air balloons, and airplanes, as well as paragliders who descent in or from any hot air balloon, airplane, paramotor, paraglider, hang glider, or similar vehicle.

(1) No person shall make any ascent or descent in any air vehicle, including, but not limited or parachute landings, on any county-owned or county-operated property, except unless they are part of an event sponsored by the County, have obtained written authorization via a permit from the county, or have a member of law enforcement or public safety acting in their official duty at the site. In addition, an exception is permitted if an emergency landing is required.

(2) Any person operating an air vehicle or remote-controlled UA from county property shall do so in accordance with all with all applicable, federal, state, and local laws, regulations, ordinances, and guidelines.

City of Atlanta Sec 110-72

City of Atlanta Sec 110-72

Sec. 110-72. – Model airplane flying.

No person shall engage in model airplane flying in any public park, except at or upon places designated therefor; provided, however, that no person shall operate more than a 35-cc piston displacement motor.

Conyers County Code 11-1-2

Conyers County Code 11-1-2

Prohibition on UAS at Georgia International Horse Park.

No UAS, drones, UA, remote-controlled aerial vehicles, or UAVs shall be launched or intentionally landed within the boundaries of the Georgia International Horse Park.

Dahlonega Code 2019-25

Dahlonega Code 2019-25

ARTICLE VII. – UNMANNED AIRCRAFT REGULATIONS

Sec. 28-228. – Purpose.

The city encourages the safe and responsible use of unmanned aircraft. This article is designed to empower innovation while protecting and promoting the health, safety, and welfare of its citizens.

Sec. 28-229. – Definitions.

An “unmanned aircraft” shall mean an aircraft 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.

Sec. 28-230. – Development of rules.

In addition to the specific requirements set forth below, the city directs and delegates to its city manager the authority to develop rules for the operation of unmanned aircraft within the city limits, consistent with this article. The city manager must publish such rules on the city’s website, or through other equivalent internet accessible systems, and must periodically report to the council at least once per year on the implementation of such rules, including information regarding enforcement actions and the costs associated with implementing and enforcing such rules. The rules developed by the city manager must be consistent with the following:

(1) The city manager may adopt reasonable restrictions on the time, place, and manner in which a person may land, launch, or otherwise operate an unmanned aircraft so as not to interfere with the health, safety, and welfare of city residents.

(2) The city manager may require certain conditions be fulfilled prior to the take-off, landing, or operation of an unmanned aircraft from certain designated lands within the boundaries of the city.

Sec. 28-231. – Notice of intended operation.

(a) To ensure operations are accountable, no unmanned aircraft weighing more than 250 grams shall take-off from, land upon, or be operated from any land within the boundaries of the city without the operator first notifying the city electronically of the intended operation through an internet accessible system to be provided by the city manager. The electronically filed notice may contain any or all of the following information as required by the city manager:

(1) The name, address, and telephone number of the person or corporation filing the notice and the telephone number at which the operator can be contacted during the operation;

(2) The take-off and landing location of the operation;

(3) The expected start and end time of the operation (if the operator intends to takeoff and land multiple times in the same location, one notice for multiple operations may suffice, so long as the duration of the combined operations does not exceed four hours, after which a new notice must be filed);

(4) The purpose of the operation;

(5) A statement affirming that the operator has consulted relevant city rules and intends to abide by them;

(6) Such other information as the city manager shall deem reasonably necessary to inform the city whether the takeoff, landing, or operation will endanger the health, safety, or welfare of persons located within the city, and if such use is inconsistent with this article;

(7) Once notice has been electronically filed consistent with this section 28-231, the operation may commence without any need for action or approval by the city, so long as such operation is consistent with city rules as outlined in section 28-230.

(b) Notice pursuant to subsection (4) above shall not apply to an operation where the take-off, landing, and operation takes place from an operator’s own private property. Such operation may still be subject to nuisance, privacy, and trespass law violations.

(c) The city manager may designate areas where notice pursuant to this section 28-231 above is not required. Examples of such areas may include locations where operations may be encouraged, such as certain parks and/or model aircraft fields.

(d) The city manager will provide a paper-based procedure as an alternative to the electronic system specified in this section 28-231, such system will collect information identical to that specified in this subsection 28-231 (a)(1)-(6).

Sec. 28-232. – No reckless operation.

No person may operate an unmanned aircraft in a reckless manner so as to create:

(1) A substantial risk of serious physical injury to another; or

(2) A substantial risk of damage to the property of another.

Sec. 28-233. – Penalties.

A person who operates an unmanned aircraft without first filing notice, may be punished by a fine, not to exceed $100.00. A person found guilty of a reckless operation or operation out of compliance with this ordinance (except for operation without first filing notice), including, but not limited to, operating an unmanned aircraft in violation of any rules developed by the city manager, may be punished by a fine not to exceed $500.00.

Sec. 28-234. – Exceptions.

This article does not apply to an unmanned aircraft operated by the city, or by any other public agency for government related purposes in compliance with all federal laws and regulations and operated in compliance with city policies.

Sec. 28-235. – Suspension of unmanned aircraft operation by the city manager.

The city manager may restrict or eliminate drone operation in certain areas of the city at any time pursuant to City of Dahlonega Ordinance 2019-24 [codified as section 28-151].

Georgia State Parks and Historic Sites Rules

Georgia State Parks and Historic Sites

Drone operation is prohibited in Georgia’s State Parks and Historic Sites. However, occasionally waivers are approved for professional commercial projects which may generate revenue or in other ways help promote the sites. In these cases, prior approval is required from the Division Director. A commercial film/photography request application detailing the project description, specific site location requested, and exact dates and times of drone use needs to be submitted along with the FAA drone registration, the name of the pilot, and proof of FAA SUAS Certification or Part 107.

Blanket requests will not be approved, and drone use is not allowed over populated areas that may put park guests at risk.

Peachtree City Sec 54-2

Peachtree City Sec 54-2

Sec. 54-2. – Destroying or injuring property; operation of vehicles.

(a) It shall be unlawful for any person to cut, break, mutilate, mark, deface or in any other manner destroy or injure any public property, real or personal, belonging to or used by the city or the department in, upon or about any of the recreation facilities or in the municipal swimming pools owned and maintained by the city.

(b) It shall be unlawful for any person to drive any vehicle upon or across any part of any recreation facility of the city except upon roadways laid out and maintained for vehicular travel. This subsection shall not apply to park employees whose duties require them to drive maintenance vehicles throughout the recreation facility.

(c) It shall be unlawful for any person to damage turf areas within or adjacent to sports fields within any recreation facility.

(d) It shall be unlawful for any person to utilize and/or damage clay infield and turf areas associated with baseball or softball fields or any portion of the BMX track for operating remote controlled (RC) vehicles without the express written permission of the director or his designee.

(e) It shall be unlawful for any person to utilize a drone or any type of remote-controlled flying device within any recreation facility during a scheduled practice, scrimmage, game, tournament, or event held at a recreation facility.

Roswell Code Sec 13.1.14

Roswell Code Sec 13.1.14

Section 13.1.14 – Unmanned Aircraft.

(a) Unmanned aircraft for purposes of this section shall mean a powered, aerial vehicle or device that:

(1) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the vehicle or device;

(2) Uses aerodynamic forces to provide vehicle lift;

(3) Can fly autonomously or be piloted remotely; and

(4) Can be expendable or recoverable.

(b) Unmanned aircraft. shall not include satellites

(c) It shall be unlawful within the City of Roswell to operate an unmanned aircraft in violation of the Federal Aviation Administration restrictions.

(d) It shall be unlawful within the City of Roswell to launch or intentionally land an unmanned aircraft from or on any City of Roswell property whether owned, leased or otherwise possessed by the city unless such is authorized.

Warner Robins Sec 13

Warner Robins Sec 13

ARTICLE VI. – UNMANNED AERIAL VEHICLES

Sec. 13-101. – Definitions.

“Drone” means an unmanned aircraft that can fly under the control of a remote pilot or by a GPS guided mechanism, and that is equipped with any sensing device or is capable of any data collection.

“Sensing device” means a device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, WiFi, or other data frequencies).

“Unmanned aircraft” means an unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.

Sec. 13-102. – Exceptions.

(a) This article shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing the City of Warner Robins, the Counties of Houston and Peach, the State of Georgia, or the United States Government for lawful purposes and in a lawful manner.

(b) This article shall not prohibit any state or federal agencies from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to federal and state regulations.

(c) This article shall not prohibit the use of unmanned aircraft by:

(1) Any federal, state, and local agencies, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner; or

(2) An owner of private property in the city in the airspace within the boundary lines of that property or in the airspace within the boundary lines of private property in the City of Warner Robins with that property owner’s consent.

Sec. 13-103. – Prohibitions

The use of drones and unmanned aircraft in any airspace below four hundred (400) feet within the city is prohibited:

(1) Within and above the rights-of-way of Watson Boulevard (Ga. Hwy. 247C), Richard B. Russell Parkway, Houston Lake Road, Ga. Hwy. 96, Moody Road and Davis Drive;

(2) At the site of any incident at which public safety personnel are present; and

(3) Above any privately owned residential property unless with the express permission of the property owner; and

(4) The airspace over any government or public buildings, property, or parks.

University Drone Policies

Columbus State University

Georgia Institute of Technology (Georgia Tech) filming and photography policy

Georgia Southern University

Note: This list is just a sample… many more could be added.

Advanced Air Mobility (AAM)

Center for Urban and Regional Air Mobility (CURAM) – an interdisciplinary center that integrates existing capabilities and strengths of the faculty, students, and facilities from multiple schools, colleges, and research centers across Georgia Tech and the Georgia Tech Research Institute (GTRI). They aim to establish Atlanta and surrounding regions in Georgia as a living laboratory for urban and regional air mobility, complementing Atlanta’s existing smart city initiatives and city/regional master plans. Enabling urban air mobility requires the integration of expertise across the engineering disciplines and from experts in policy, economics, and business.

 

2023 – Flying cars in Atlanta? How the advanced air mobility space could make it a reality

2024 – DOT AAM Study Blueprint and Action Plan

 

 

 

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 inspecting a rooftop for hail damage in downtown Atlanta, 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.

 

 

 

License

Icon for the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License

Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

Share This Book