MI – Michigan

Flag courtesy of Wikipedia

Orange-red sandstone cliffs at Pictured Rocks National Park, Michigan.

Photo courtesy of the CIA World Factbook

Michigan government website just for reference.

The MIDOT has a MIDOT UAS Page.

Michigan Legislature in case more laws were written since the book was published.

Map courtesy of Wikipedia

Google Earth

Last updated on June 4, 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

 

Michigan UAS Act 436 of 2016

UAS Act 436 of 2016

An ACT to provide for the operation and regulation of UAS in this state; to create the UAS task force; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit conduct related to the operation of UAS and prescribe penalties.

Michigan Statute 259.301

259.301 Short title.

Sec. 1.

This act shall be known and may be cited as the “UAS act”.

Michigan Statute 259.303

259.303 Definitions.

Sec. 3.

As used in this act:

(a) “Commission” means the Michigan aeronautics commission created by section 26 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.26.

(b) “Department” means, unless expressly provided otherwise, the state transportation department.

(c) “Person” means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(d) “Political subdivision” means a county, city, village, township, or other political subdivision, public corporation, authority, or district in this state.

(e) “Unmanned aircraft” means an aircraft flown by a remote pilot via a ground control system, or autonomously through use of an on-board computer, communication links, and any additional equipment that is necessary for the UA to operate safely.

(f) “Unmanned aircraft system” means an UA and all of the associated support equipment, control station, data links, telemetry, communications, navigation equipment, and other equipment necessary to operate the UA.

Michigan Statute 259.305

259.305 Political subdivision; ordinance, regulation, or resolution limitations; powers; federal preemption; conflict with other sections of law; petition for fixed site facility designation; applicability.

State Preemption

Sec. 5.

(1) Except as expressly authorized by statute, a political subdivision shall not enact or enforce an ordinance or resolution that regulates the ownership or operation of UA or otherwise engage in the regulation of the ownership or operation of UA.

(2) Subject to subsection (6), a political subdivision that prohibits by ordinance, regulation, or resolution the operation of nonemergency motor vehicles in the political subdivision may enact and enforce an ordinance, regulation, or resolution that is necessary and proper to prohibit the knowing and intentional operation of an UA in a manner that interferes with the safe use of a horse in a commercial activity, including, but not limited to, the use of horse-drawn carriages, wagons, or carts or horse-riding activities. An ordinance, regulation, or resolution adopted under this subsection must allow for the operation of an UA for any of the following purposes if that operation does not result in a knowing and intentional interference with the safe use of a horse in a commercial activity as described in this subsection and is in compliance with the regulations, authorizations, or exemptions of the US FAA:

(a) News gathering by a FCC licensee.

(b) Insurance purposes by an insurer or insurance adjustor.

(c) Maintenance performed by a public utility or an independent transmission company.

(d) Law enforcement.

(3) This act does not prohibit a political subdivision from promulgating rules, regulations, and ordinances for the use of UAS by the political subdivision within the boundaries of the political subdivision.

(4) This act does not affect federal preemption of state law.

(5) If this act conflicts with section 40111c or 40112 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40111c and 324.40112, those sections control.

(6) A political subdivision that prohibits the operation of nonemergency motor vehicles shall petition the US FAA for designation as a fixed site facility under section 2209 of the FAA extension, safety, and security act of 2016, Public Law 114-190, not later than 12 months after the effective date of the rules and regulations promulgated by the US FAA that govern the processing of petitions for designation as a fixed site facility. Subsection (2) does not apply after the effective date of a fixed site designation issued by the US FAA under section 2209 of the FAA extension, safety, and security act of 2016, Public Law 114-190, that applies to a political subdivision that prohibits the operation of nonemergency motor vehicles.

 

(7) As used in this section:

(a) “Independent transmission company” means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, engaged in this state in the transmission of electricity using facilities it owns that have been divested to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state.

(b) “Public utility” means a company or other entity providing steam, heat, electric, power, gas, water, wastewater, telecommunications, video, cable, or internet access services.

Michigan Statute 259.307

259.307 Prohibited use of an UAS; exceptions; permit, license, order, or other decree; notice of state-owned or operated; consent; information exempt from freedom of information act; applicability.

Sec. 7.

(1) Except as otherwise provided in subsection (6), a department, agency, board, or commission of this state or a person under a contract with or acting at the direction or on behalf of a department, agency, board, or commission of this state shall not use an UAS to surveil, inspect, or gather evidence or collect information about a facility that is subject to a permit, license, or order issued by or a decree or other requirement governed by that department, agency, board, or commission unless any of the following apply:

(a) The owner or operator of the facility has given express consent for the use of an UAS for the purposes described in this subsection in a particular instance.

(b) The department, agency, board, commission, or person is acting under a valid search warrant and the use of the UAS is strictly limited to the subject matter and scope of that warrant.

(c) The department, agency, board, or commission has reason to believe that there may be an imminent threat to public health, safety, property, or the natural resources of the state from the facility and the use of the UAS is strictly limited to the investigation of that imminent threat.

(d) The department, agency, board, commission, or person is inspecting a roadway, highway, airport, airport approach corridor, port, or similar infrastructure.

(2) An UAS that is used as described in subsection (1) must be clearly marked as a state-owned or operated aircraft unless it is an UAS operated in accordance with subsection (3).

(3) For any use that is governed by subsection (1)(a), both of the following apply:

(a) Subject to subdivision (b), the consent of the owner or operator may be conditioned on the use of an UAS that is owned and operated by that owner or operator under, and in compliance with, FAA regulations, authorizations, or exemptions. The department, agency, board, commission, or person under contract with or acting at the direction or on behalf of the department, agency, board, or commission shall allow, under its direct supervision, the use of the UAS by the owner or operator to conduct the surveillance, inspection, evidence gathering, or information collecting under this section, if doing so will gather information of a quality and nature sufficient for the intended purpose of the surveillance, inspection, evidence gathering, or information collection.

(b) If the owner or operator provides consent on the condition described in subdivision (a), or if the owner or operator withholds consent, the owner or operator shall provide to the department, agency, board, or commission a statement, in writing, that indicates the health and safety reasons for providing consent on the condition described in subdivision (a) or withholding consent.

(4) Any surveillance, inspection, evidence gathering, or information collecting conducted under subsection (1)(c) shall be under the direct supervision of the department, agency, board, or commission.

(5) Any data, including videos, photographic images, or geospatial data, collected by the operation of an UAS concerning a facility described in subsection (1) shall be furnished promptly to the facility’s owner or operator upon request and shall be rebuttably presumed to be not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(6) This section does not apply to a law enforcement agency operating an UAS as part of a law enforcement investigation.

Michigan Statute 259.311

259.311 Operation of UAS; person authorized by FAA.

Sec. 11.

A person that is authorized by the FAA to operate UAS for commercial purposes may operate an UAS in this state if the UAS is operated in a manner consistent with federal law.

Michigan Statute 259.313

259.313 Operation of UAS; manner.

Sec. 13.

A person may operate an UAS in this state for recreational purposes if the UAS is operated in a manner consistent with federal law for the operation of a model aircraft.

Michigan Statute 259.320

259.320 Criminal liability; offense committed with aid of an UAS; exception.

Sec. 20.

(1) A person is guilty of an offense committed with the aid of an UAS if the UAS is under the person’s control and the activity performed with the aid of the UAS would have given rise to criminal liability under the penal law of this state if it was performed directly by the person without the aid of an UAS.

(2) Notwithstanding subsection (1), and except as provided in sections 21 and 22 and section 45a(1) of the Michigan penal code, 1931 PA 328, MCL 750.45a, solely flying an UAS through navigable airspace in accordance with federal law does not give rise to criminal liability under the penal law of this state.

Michigan Statute 259.321

259.321 Operation of UAS; interference with official duties prohibited.

Sec. 21.

An individual shall not knowingly and intentionally operate an UAS in a manner that interferes with the official duties of any of the following:

(a) A law enforcement official, as that term is defined in section 7 of chapter III of the code of criminal procedure, 1927 PA 175, MCL 763.7.

(b) A firefighter.

(c) Emergency medical services personnel, as that term is defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.

(d) Search and rescue personnel.

(e) A state correctional officer, as that term is defined in section 2 of the correctional officers’ training act of 1982, 1982 PA 415, MCL 791.502, or any other individual employed by the department of corrections.

(f) A local corrections officer, as that term is defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791.532.

Michigan Statute 259.322

259.322 Operation of UAS; harassment, violation of order, or invasion of privacy prohibited; definition; individual registered as sex offender.

Sec. 22.

(1) A person shall not knowingly and intentionally operate an UAS to subject an individual to harassment. As used in this subsection, “harassment” means that term as defined in section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.

(2) A person shall not knowingly and intentionally operate an UAS within a distance that, if the person were to do so personally rather than through remote operation of an UA, would be a violation of a restraining order or other judicial order.

(3) A person shall not knowingly and intentionally operate an UAS to violate section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, or to otherwise capture photographs, video, or audio recordings of an individual in a manner that would invade the individual’s reasonable expectation of privacy.

(4) An individual who is required to register as a sex offender under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, shall not operate an UAS to knowingly and intentionally follow, contact, or capture images of another individual, if the individual’s sentence in a criminal case would prohibit the individual from following, contacting, or capturing the image of the other individual.

Michigan Statute 259.323

259.323 Violation as misdemeanor; penalty; other violation of law.

Sec. 23.

(1) An individual who violates section 21 or 22 is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(2) This section does not affect the ability to investigate or to arrest, prosecute, or convict an individual for any other violation of a law of this state.

Michigan Statute 259.330

259.330 Michigan aeronautics commission; duties; departmental support.

Sec. 30.

(1) The commission shall do all of the following:

(a) Provide advice to other departments and agencies of this state about the use of UAS and related technology.

(b) Provide advice to the public about all of the following:

(i) Regulation of UAS by the federal government and by this state.

(ii) Safe operating principles for UAS.

(iii) Restrictions on the use of UAS.

(iv) Any other matters within the scope of the commission’s authority under this act.

(c) Provide education and information to departments and agencies of this state, political subdivisions, and the general public about UAS.

(d) Receive and consider comments from persons in this state that are interested in or affected by the use of UAS.

(3) The departments and agencies of this state shall provide support to the commission as necessary and as requested for the commission to perform its duties under this act. In addition to the state transportation department’s provision of support, the following departments shall provide primary support to the commission:

(a) The department of state police.

(b) The department of natural resources.

(c) The department of corrections.

(d) The department of agriculture and rural development.

(e) The department of licensing and regulatory affairs.

Michigan Statute 259.331

259.331 UAS task force.

Sec. 31.

(1) The UAS task force is created to develop statewide policy recommendations on the operation, use, and regulation of UAS in this state.

(2) Within 90 days after the effective date of this act, the governor shall appoint initial members of the UAS task force. The individuals appointed to the UAS task force by the governor, initially and subsequently, must comprise 1 member from each of the following agencies or interest groups:

(a) A member from the state transportation department nominated by the director of the state transportation department.

(b) A member from the division of the state transportation department that performs bridge inspections and road work, nominated by the director of the state transportation department.

(c) A member from the department of state police, nominated by the director of the department of state police.

(d) A member from the department of natural resources, nominated by the director of the department of natural resources.

(e) A member from the department of agriculture and rural development, nominated by the director of the department of agriculture and rural development.

(f) A member from the department of licensing and regulatory affairs nominated by the director of the department of licensing and regulatory affairs.

(g) A member from the department of corrections, nominated by the director of the department of corrections.

(h) An UAS technical commercial representative.

(i) An UAS manufacturing industry representative.

(j) A member who is licensed by the FAA to operate UA that weigh less than 55 pounds.

(k) A member who represents airports in this state, nominated by the director of the state transportation department.

(l) A member from the Michigan Municipal League, nominated by the executive director of the Michigan Municipal League.

(m) A law enforcement official from a municipality, nominated by a statewide police chiefs association.

(n) A member who represents county sheriffs, nominated by the president of the Michigan Sheriffs’ Association.

(o) A member of a statewide agricultural association, nominated by the president of the association.

(p) A member of a statewide retail association, nominated by the president of the association.

(q) A member of a statewide manufacturing trade association, nominated by the president or chief executive officer of the association.

(r) A member of a statewide property and casualty insurance association, nominated by the president or chief executive officer of the association.

(s) A member of a statewide association that represents real estate brokers licensed in this state, nominated by the president of the association.

(t) A member of a statewide surveying association, nominated by the president of the association.

(u) A member of a statewide freight railroad association, nominated by the president of the association.

(v) A member of a statewide broadcasters association, nominated by the president of the association.

(w) A member who represents persons that operate key facilities, as that term is defined in section 552c of the Michigan penal code, 1931 PA 328, MCL 750.552c.

(x) A member who is knowledgeable about the operation of public utilities who represents public utilities in the Upper Peninsula, nominated by the chairman of the public service commission.

(y) A member who is knowledgeable about the operation of public utilities who represents public utilities in the Lower Peninsula, nominated by the chairman of the public service commission.

(z) A member who represents the Mackinac Bridge Authority, nominated by the authority.

(aa) A member who represents the city of Mackinac Island.

(3) Initial nominations to the UAS task force must be submitted to the governor within 60 days after the effective date of this act. The governor shall make the initial appointments within 30 days after the close of nominations.

(4) Members of the UAS task force shall serve for terms of 4 years or until a successor is appointed, whichever is later, except that of the initial members appointed, 6 members, as designated by the governor, shall serve for 1 year, 6 members, as designated by the governor, shall serve for 2 years, and 7 members, as designated by the governor, shall serve for 3 years.

(5) If a vacancy occurs on the UAS task force, the governor shall make an appointment for the unexpired term in the same manner as the original appointment.

(6) The governor may remove a member of the UAS task force for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

(7) The member from the state transportation department shall chair the UAS task force and serve as a liaison to the governor and the standing committees in the house and senate that mainly deal with transportation issues. The UAS task force shall meet as necessary to complete the duties of the task force. Meetings of the UAS task force must be held in the central part of this state.

(8) A majority of the members of the UAS task force constitute a quorum for the transaction of business at a meeting of the task force. A majority of the members present and serving are required for official action of the task force.

(9) The UAS task force shall conduct its business at public meetings of the task force held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(10) A writing prepared, owned, used, in the possession of, or retained by the UAS task force in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(11) The members of the UAS task force must receive no compensation for serving as members of the task force.

(12) The UAS task force shall consider commercial and private uses of UAS, landowner and privacy rights, as well as general rules and regulations for safe operation of UAS and prepare comprehensive recommendations for the safe and lawful operation of UAS in this state. The recommendations must include, but not be limited to, recommendations regarding the protection of public and private property interests and the use of UAS over public property.

(13) The state transportation department shall provide administrative support to the UAS task force.

(14) The UAS task force shall submit a report with recommendations to the governor and the standing committees in the house and senate that mainly deal with transportation issues within 3 months after the first meeting of the task force.

(15) After submitting the report required under subsection (14), the UAS task force shall meet not less than once every 18 months to consider any new developments or problems that may require further consideration and recommendations by the task force.

Michigan Statute 324.40111c

324.40111c Use of tranquilizer propelled from bow or firearm; use of unmanned vehicle or device; prohibitions.

Sec. 40111c.

(1) A person other than the department shall not take game using a tranquilizer propelled from a bow or firearm.

(2) An individual shall not take game or fish using an unmanned vehicle or unmanned device that uses aerodynamic forces to achieve flight or using an unmanned vehicle or unmanned device that operates on the surface of water or underwater.

Michigan Statute 750.45a

750.45a Use of UA; definitions.

Sec. 45a.

(1) Subject to subsection (2), a person shall not knowingly and intentionally use an UA in a manner that interferes with the operations of a key facility, a correctional facility, or other law enforcement facility.

(2) If a facility listed under subsection (1) is included on the FAA’s registry of fixed site facilities under section 2209 of the FAA extension, safety, and security act of 2016, Public Law 114-190, a person shall not fly or cause an UA to hover over the facility.

(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.

(4) This section does not apply to a commercial operator of an UA if the UA is operated pursuant to and in compliance with FAA regulations, authorizations, and exemptions.

(5) As used in this section:

(a) “Key facility” means that term as defined in section 552c.

(b) “Unmanned aircraft” means that term as defined in section 3 of the UAS act, 2016 PA 436, MCL 259.303.

East Lansing Code

East Lansing Code

Sec. 26-68. – Unmanned aircraft.

(a) Definitions.

Commercial UA means an UA that is used for business purposes and has gained FAA approval for flying civil UAS.

Noncommercial UA means any UA that is not a commercial UA and includes, but is not limited to, all hobby and recreational uses of UA and any business uses of UA that has not gained FAA approval for flying civil UAS.

Person means any individual, firm, corporation, limited liability company, partnership, association, or business entity of any sort, whether or not operated for profit.

Unmanned aircraft means an aircraft that is operated remotely without any means of physical attachment to the aircraft such as a string or wire or operated autonomously through the use of an on-board computer and either weighs over .55 pounds or weighs less than .55 pounds but has a camera, viewing device, or listening device attached thereto.

(b) Prohibited acts. No person shall:

(1) Operate any UA in a manner such as to endanger the safety of any persons or property.

(2) Operate any UA in such a manner so as to observe or record the activities of anyone who, by their location, has a reasonable expectation of being safe from surveillance or observation. For purposes of this provision, persons have a reasonable expectation of being safe from surveillance or observation if they are within a building, within an enclosed privacy fence or in an area not otherwise visible from ground level on neighboring public or private property.

(3) Operate any UA with the purpose of harassing any person or animal.

(4) Operate any UA so as to interfere with any police or fire investigation.

(5) Operate any noncommercial UA within 500 feet of a police investigation, traffic accident, medical emergency, fire, or fire investigation.

(6) Operate any noncommercial UA in or over any city park or city-owned land or city-owned buildings unless authorized to do so by the city manager or by park rules.

(7) Operate any noncommercial UA over any other person’s property without the prior consent of the property owner.

(c) Exceptions. The prohibitions in this section of the Code do not apply to:

(1) The operation of UA by the police or other law enforcement agency in performance of their official duties.

(2) The operation of UA by a governmental agency or with the prior approval of a governmental agency in the performance of a governmental function or to assist in the performance of a governmental function.

Michigan Department of Natural Resources Rules

Michigan Department of Natural Resources

Order 2.103 (1) A person shall not do any of the following:

(f) Operate an unmanned aircraft in conflict with the unmanned aircraft system act (pa 436 of 2016), and as follows at a state-operated public boating access site or harbor:

(1) In a manner that knowingly and intentionally interferes with department employees and their designees performing official duties.

(2) In a manner that interferes with department staff when conducting search and rescues.

(3) Within 100 yards of a cultural or historical site or structure.

(4) Over an occupied beach area.

(5) Over an equestrian facility.

(6) Over a campsite.

(7) Over a restroom or open-air changing court.

(8) Over an area subject to an aerial right-of-way.

(9) For a commercial purpose without first obtaining written permission from an authorized representative of the department.

Mt. Brighton Ski Resort Rules

Mt. Brighton Ski Resort

For safety reasons, recreational drone use by any guest or member of the public, for any reason, is not permitted on or over any of our property. Likewise, commercial use is also prohibited on Vail Resorts’ property, except in limited circumstances when an approved operator has obtained an FAA exemption and received written permission from the resort. This includes use associated with special events, marketing and in film/photo applications.

Mount Pleasant Code 97

Mount Pleasant Code 97

97.21 UNMANNED AIRCRAFT.

No person in a park may operate unmanned aircraft in violation of state or federal law.

Penalty, see § 97.99

Township of Meridian Rules

[Ord. No. 2007-1512-16-2007]
No person shall operate a motorized model airplane on land preservation property.
[Code 1974, § 34-19]
No person shall operate a motorized model airplane on Township park property.

Wyandotte Code 98

Wyandotte Code 98

98.001 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL UNMANNED AIRCRAFT. An aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (including, but not limited to, drones) that is used for business purposes and has gained FAA approval for flying civil unmanned aircraft.

NON-COMMERCIAL UNMANNED AIRCRAFT. An aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (including, but not limited to, drones) that is not used for business purposes and includes, but not limited to, all hobby and recreational uses of unmanned aircraft and any business use of unmanned aircraft that has not gained FAA approval for flying civil unmanned aircraft systems.

PERSON. Any individual, firm, corporation, limited liability company, partnership, association or business entity of any sort, whether or not operated for profit.

UNMANNED AIRCRAFT SYSTEM (UAS). An unmanned aircraft (commercial and non- commercial) and the equipment necessary for the safe and efficient operations of that aircraft that is operated remotely without any means of physical attachment to the aircraft such as string or wire or operated autonomously through the use of an onboard computer and either weighs over 55 pounds or weighs less than 55 pounds, but has a camera, viewing distance or listening device attached thereto.

98.002 REGISTRATION REQUIRED.

All unmanned aircraft systems (UAS), commercial and non-commercial, operating within the city must be registered with the FAA. Registration numbers must be clearly displayed on the UAS. The operator of the UAS must have in his or her possession his or her certificate of registration from the FAA. Registration of UAS can be done online at RegisterMyUAS.faa.gov.

98.003 PROHIBITED ACTS.

No person shall:

(A) Operate any unmanned aircraft in any manner to endanger the safety of any persons or property;

(B) Operate any unmanned aircraft in such a manner so as to observe or record the activities of anyone who, by their location, has reasonable expectation of privacy or expectation of being safe from surveillance or observation. For purposes of this provision, persons have a reasonable expectation of being safe from surveillance or observation if they are within a building, within an enclosed privacy fence or in an area not otherwise visible from ground level on neighboring public or private property;

(C) Operate any unmanned aircraft with the purpose of harassing any person or animal;

(D) Operate any unmanned aircraft so as to interfere with any police or fire investigation;

(E) Operate any unmanned aircraft within 500 feet of a police investigation, traffic collision, medical emergency, fire or fire investigation;

(F) Operate any unmanned aircraft within two miles of a heliport (Henry Ford Hospital Wyandotte);

(G) Operate any unmanned aircraft within five miles of any airport;

(H) Operate any unmanned aircraft over or within 500 feet of any city special event;

(I) Operate any unmanned aircraft in or over any city park or city-owned land or city-owned building unless authorized to by the City Administrator or designee;

(J) Operate any unmanned aircraft within one mile of city water treatment facility, water tower, electric generating facility, substation or control center;

(K) Operate any unmanned aircraft over any open-air assembly or crowd, school, school yard, hospital or place of worship;

(L) Operate any unmanned aircraft at an altitude higher than 400 feet above ground level;

(M) Operate any unmanned aircraft in any manner that interferes with, or fails to give way to, any manned aircraft;

(N) Operate any unmanned aircraft between dusk and dawn;

(O) Operate any unmanned aircraft outside the visual line of sight of the operator; and/or

(P) Operate any unmanned aircraft in violation of any federal, state or county regulation.

Penalty, see § 98.999

98.004 EXCEPTIONS.

The prohibitions in § 98.003 of this chapter do not apply to:

(A) The operations of unmanned aircraft by the Police Department, Fire Department or other law enforcement agency in the performance of their official duties; or

(B) The operation of unmanned aircraft by a city department in the performance of its duties or function.

98.999 PENALTY.

(A) Any person found in violation of this chapter shall be responsible for a municipal civil infraction and subject to fines and costs as permitted by law and/or as set forth in § 11.006 of this code of ordinances.

(B) If any person commits a second offense, or subsequent violation of this chapter, such a violation constitutes a misdemeanor punishable by a fine not exceeding $500 and/or imprisonment not exceeding 90 days; provided, the authorized city official issues an appearance ticket and marks it as a misdemeanor. Nothing herein requires the authorized city official to charge a repeat offense of this chapter by the same person as a misdemeanor.

(C) The Police Department having reasonable basis to believe that an unmanned aircraft has been operated in violation of this chapter may seize said unmanned aircraft for the purpose of any criminal proceedings.

 

University Drone Policies

Calvin University

Ferris State University

Grand Valley State University

Michigan State University

Northern Michigan University

Oakland University

University of Michigan

Western Michigan University

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

Advanced Air Mobility (AAM)

Michigan Department of Transportation (MDOT) Office of Aeronautics (AERO)Analysis and Deployment of an Unmanned Traffic Management System in Michigan – Phase 1 Feasibility Analysis

2022 – EVA connects drone infrastructure to airports in Michigan

2022 – Michigan state explores autonomous vehicle corridor to reduce emissions

2023 – MightyFly receives grant for eVTOL demo flights in Michigan

 

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 orange-red sandstone cliffs at Pictured Rocks National Park, Michigan, 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

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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.

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