MN – Minnesota

Flag courtesy of Wikipedia

Palisade Head on Lake Superior was formed from a Precambrian rhyolitic lava flow

Photo courtesy of Wikipedia

Minnesota government website just for reference.

The MNDOT has a MNDOT UAS Page.

Minnesota Legislature in case more laws were written since this 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

 

 

Minnesota Statute 243.552

243.552

UAV Prohibition.

Subdivision 1. Definition.

For the purposes of this section, an “unmanned aerial vehicle” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

Subd. 2.Crimes.

(a) A person is guilty of a misdemeanor who knowingly flies an UAV in the airspace over a state correctional facility or over the grounds belonging to or land controlled by the facility without the written consent of the commissioner of corrections or designee.

(b) A person is guilty of a gross misdemeanor if the person violates paragraph (a) and uses the vehicle to:

(1) record images, including but not limited to video and photographs, of the correctional facility or its grounds; or

(2) introduce or attempt to introduce any items that are not contraband under section 243.55.

Minnesota Statute 360.012

360.012

Sovereignty; Liability; Effect of Other Law.

Subdivision 1. State.

Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.

Subd. 1a. Ordinances of political subdivisions.

A political subdivision must: (1) allow the commissioner to review a proposed ordinance affecting the operation of an UA; and (2) notify the commissioner whenever the political subdivision adopts an ordinance affecting the operation of UA.

Minnesota Statute 360.013

360.013

Definitions

Subdivision 1. Scope.

For the purposes of laws of this state relating to aeronautics, the following words, terms, and phrases shall have the meanings herein given unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires.

Subd. 57a. Small unmanned aircraft.

“Small unmanned aircraft” means an aircraft, as defined in subdivision 37, that weighs less than 55 pounds and is operated without the possibility of human intervention from within or on the aircraft.

Subd. 57b.Small unmanned aircraft system.

“Small unmanned aircraft system” means a small unmanned aircraft and all of its associated elements, including components and communication links, that are required to control and operate the aircraft.

Minnesota Statute 360.075

360.075

Violations, Penalties

Subdivision 1. Misdemeanor.

Every person who:

(1) operates an aircraft either on or over land or water in this state without the consent of the owner of such aircraft;

(2) operates aircraft while in the possession of any federal license, certificate, or permit or any certificate of registration issued by the Transportation Department of this state, or displays, or causes or permits to be displayed, such federal license, certificate, or permit or such state certificate of registration, knowing either to have been canceled, revoked, suspended, or altered;

(3) lends to, or knowingly permits the use of by, one not entitled thereto of any federal airman’s or aircraft license, certificate, or permit, or any state airman’s or aircraft certificate of registration issued to that person;

(4) displays or represents as the person’s own any federal airman’s or aircraft license, certificate, or permit or any state airman’s or aircraft certificate of registration not issued to that person;

(5) tampers with, climbs upon or into, makes use of, or navigates any aircraft without the knowledge or consent of the owner or person having control thereof, whether while the same is in motion or at rest, or hurls stones or any other missiles at aircraft, or the occupants thereof, or otherwise damages or interferes with the same, or places upon any portion of any airport any object, obstruction, or other device tending to injure aircraft or parts thereof;

(6) uses a false or fictitious name, gives a false or fictitious address, knowingly makes any false statement or report, or knowingly conceals a material fact, or otherwise commits a fraud in any application or form required under the provisions of sections 360.011 to 360.076, or by any rules or orders of the commissioner;

(7) operates any aircraft in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property;

(8) carries on or over land or water in this state in an aircraft other than a public aircraft any explosive substance except as permitted by the Federal Explosives Act, being the Act of October 6, 1917, as amended by Public Law 775, 77th Congress, approved November 24, 1942;

(9) discharges a gun, pistol, or other weapon in or from any aircraft in this state except as the hunting of certain wild animals from aircraft may be permitted by other laws of this state, or unless the person is the pilot or officer in command of the aircraft or a peace officer or a member of the military or naval forces of the United States, engaged in the performance of duty;

(10) carries in any aircraft, other than a public aircraft, any shotgun, rifle, pistol, or small arms ammunition except in the manner in which such articles may be lawfully carried in motor vehicles in this state, or is a person excepted from the provisions of clause (9);

(11) engages in acrobatic or stunt flying without being equipped with a parachute and without providing any other occupants of the aircraft with parachutes and requiring that they be worn;

(12) while in flying over a thickly inhabited area or over a public gathering in this state, engages in trick or acrobatic flying or in any acrobatic feat;

(13) except while in landing or taking off, flies at such low levels as to endanger persons on the surface beneath, or engages in advertising through the playing of music or transcribed or oral announcements, or makes any noise with any siren, horn, whistle, or other audible device which is not necessary for the normal operation of the aircraft, except that sound amplifying devices may be used in aircraft when operated by or under the authority of any agency of the state or federal government for the purpose of giving warning or instructions to persons on the ground;

(14) drops any object, except loose water, loose fuel, or loose sand ballast, without the prior written consent of the commissioner of transportation and the prior written consent of the municipality or property owner where objects may land; drops objects from an aircraft that endanger person or property on the ground, or drops leaflets for any purpose whatsoever; or

(15) while in flight in an aircraft, whether as a pilot, passenger, or otherwise, endangers, kills, or attempts to kill any birds or animals or uses any aircraft for the purpose of concentrating, driving, rallying, or stirring up migratory waterfowl; except as may be permitted by other laws of this state, shall be guilty of a misdemeanor.

Subd. 2. Gross misdemeanor.

Every person who shall commit any of the acts specified in subdivision 1 for a second or other subsequent time shall be guilty of a gross misdemeanor.

Subd. 3.

[Repealed, 1963 c 753 art 2 s 17]

Subd. 4.

[Repealed, 1965 c 45 s 73]

Subd. 5.Careless or reckless operation.

Every person who operates an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another shall be guilty of a misdemeanor.

Subd. 6.Additional penalties for certain violations.

For any violation of subdivisions 1 and 5, section 360.0752, or of any rule issued pursuant to section 360.015, in addition to the penalties provided in this section or section 360.0752, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court in its discretion may prohibit the violator from operating an aircraft within the state for such period as it may determine, but not to exceed one year. Violation of the duly imposed prohibition of the court may be punished as a contempt of court. Upon a plea of guilty or conviction under said sections, in any case involving an airman, the court shall issue an order prohibiting the airman from exercising, in the state of Minnesota, the privileges granted to the airman by federal certificate for a period, in the discretion of the court, not to exceed one year, and shall notify the commissioner of any action involving a violation under this section or section 360.0752 by mailing a report to the commissioner showing the name and address of the violator, the offense charged, the time and place of violation, the plea, the finding of the court or jury, and the penalty imposed.

Minnesota Statute 360.55

360.55

Exemptions.

Subd. 9. SUAS.

(a) Any SUAS in which the UA weighs less than 55 pounds at takeoff, including payload and anything affixed to the aircraft, either:

(1) must be registered in the state for an annual fee of $25; or

(2) is not subject to registration or an annual fee if the UAS is owned and operated solely for recreational purposes.

(b) An UAS that meets the requirements under paragraph (a) is exempt from aircraft registration tax under sections 360.511 to 360.67.

Minnesota Statute 360.59

360.59

Aircraft Registration and listing for taxation.

Subd. 10.Certificate of insurance.

(a) Every owner of aircraft in this state when applying for registration, reregistration, or transfer of ownership shall supply any information the commissioner reasonably requires to determine that the aircraft during the period of its contemplated operation is covered by an insurance policy with limits of not less than $100,000 per passenger seat liability both for passenger bodily injury or death and for property damage; not less than $100,000 for bodily injury or death to each nonpassenger in any one accident; and not less than $300,000 per occurrence for bodily injury or death to nonpassengers in any one accident. The insurance must comply with section 60A.081, unless that section is inapplicable under section 60A.081, subdivision 3.

The information supplied to the commissioner must include but is not limited to the name and address of the owner, the period of contemplated use or operation, if any, and, if insurance coverage is then presently required, the name of the insurer, the insurance policy number, the term of the coverage, policy limits, and any other data the commissioner requires. No certificate of registration shall be issued pursuant to subdivision 3 in the absence of the information required by this subdivision.

(b) In the event of cancellation of aircraft insurance by the insurer, the insurer shall notify the Department of Transportation at least ten days prior to the date on which the insurance coverage is to be terminated. Unless proof of a new policy of insurance is filed with the department meeting the requirements of this subdivision during the period of the aircraft’s contemplated use or operation, the registration certificate for the aircraft shall be revoked forthwith.

(c) Nothing in this subdivision shall be construed to require an owner of aircraft to maintain passenger seat liability coverage on aircraft for which an experimental certificate has been issued by the administrator of the Federal Aviation Administration pursuant to Code of Federal Regulations, title 14, sections 21.191 to 21.195 and 91.319, whereunder persons operating the aircraft are prohibited from carrying passengers in the aircraft or for an unmanned aircraft. Whenever the aircraft becomes certificated to carry passengers, passenger seat liability coverage shall be required as provided in this subdivision.

(d) The requirements of this subdivision shall not apply to any aircraft built by the original manufacturer prior to December 31, 1939, and owned and operated solely as a collector’s item, if the owner files an affidavit with the commissioner. The affidavit shall state the owner’s name and address, the name and address of the person from whom the aircraft was purchased, the make, year, and model number of the aircraft, the federal aircraft registration number, the manufacturer’s identification number, and that the aircraft is owned and operated solely as a collector’s item and not for general transportation purposes.

(e) A SUAS that meets the requirements of section 360.55, subdivision 9, is not subject to the requirements under paragraphs (a) and (b). Owners of small unmanned aircraft systems that meet the requirements of section 360.55, subdivision 9, must, at the time of registration, provide proof of insurability in a form acceptable to the commissioner. Additionally, such operators must maintain records and proof that each flight was insured for the limits established in paragraph (a).

Minnesota Statute 360.60

360.60

Registration required; exemption; misdemeanor.

Subdivision 1. Registration required; exemption; perjury.

Every aircraft not exempted by sections 360.54 and 360.55 shall be registered as required by this act whether or not said aircraft is being used in the air space overlying the state of Minnesota or on the airports thereof. Aircraft which have become damaged, are unairworthy and not in flying condition, and which have not in fact used the air space overlying the state of Minnesota or the airports thereof during the period January 1, 1966, to and including June 30, 1967, or during any fiscal year thereafter, shall not be subject to the tax provided by this act for such tax periods; provided the owner of such aircraft shall with the application for registration file with the commissioner a signed statement describing the aircraft, its condition, and the reason for such aircraft not being in operating condition, and furnish such other information as may be necessary for the commissioner to determine that the aircraft is not in fact using the air space overlying the state of Minnesota or the airports thereof. Any false statement willfully and knowingly made in regard thereto shall be deemed a perjury and punished accordingly. Upon receipt of such application together with the statement required herein, the commissioner shall issue to such owner a certificate which shall state thereon that the tax has not been paid and that the aircraft shall not use the air space overlying the state of Minnesota or the airports thereof until the tax required by this act has been paid.

Subd. 2.Misdemeanor.

Every aircraft owner who fails or neglects to register the aircraft as required by this act shall be guilty of a misdemeanor.

Minnesota Statute 626.19

626.19

Use of UAV

Subdivision 1. Application; definitions.

(a) This section applies to UAV data collected, created, or maintained by a law enforcement agency and to law enforcement agencies that maintain, use, or plan to use an UAV in investigations, training, or in response to emergencies, incidents, and requests for service. UAV data collected, created, or maintained by a government entity is classified under chapter 13.

(b) For purposes of this section, the following terms have the meanings given:

(1) “government entity” has the meaning given in section 13.02, subdivision 7a, except that it does not include a law enforcement agency;

(2) “law enforcement agency” has the meaning given in section 626.84, subdivision 1;

(3) “unmanned aerial vehicle” or “UAV” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft; and

(4) “terrorist attack” means a crime that furthers terrorism as defined in section 609.714, subdivision 1.

Subd. 2. Use of UAV limited.

Except as provided in subdivision 3, a law enforcement agency must not use a UAV without a search warrant issued under this chapter.

Subd. 3. Authorized use.

A law enforcement agency may use a UAV:

(1) during or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person;

(2) over a public event where there is a heightened risk to the safety of participants or bystanders;

(3) to counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk;

(4) to prevent the loss of life and property in natural or man-made disasters and to facilitate operational planning, rescue, and recovery operations in the aftermath of these disasters;

(5) to conduct a threat assessment in anticipation of a specific event;

(6) to collect information from a public area if there is reasonable suspicion of criminal activity;

(7) to collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road;

(8) over a public area for officer training or public relations purposes; and

(9) for purposes unrelated to law enforcement at the request of a government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use.

Subd. 4. Limitations on use.

(a) A law enforcement agency using a UAV must comply with all FAA requirements and guidelines.

(b) A law enforcement agency must not deploy a UAV with facial recognition or other biometric-matching technology unless expressly authorized by a warrant.

(c) A law enforcement agency must not equip a UAV with weapons.

(d) A law enforcement agency must not use a UAV to collect data on public protests or demonstrations unless expressly authorized by a warrant or an exception applies under subdivision 3.

Subd. 5. Documentation required.

A law enforcement agency must document each use of a UAV, connect each deployment to a unique case number, provide a factual basis for the use of a UAV, and identify the applicable exception under subdivision 3 unless a warrant was obtained.

Subd. 6. Data classification; retention.

(a) Data collected by a UAV are private data on individuals or nonpublic data, subject to the following:

(1) if the individual requests a copy of the recording, data on other individuals who do not consent to its release must be redacted from the copy;

(2) UAV data may be disclosed as necessary in an emergency situation under subdivision 3, clause (1);

(3) UAV data may be disclosed to the government entity making a request for UAV use under subdivision 3, clause (9);

(4) UAV data that are criminal investigative data are governed by section 13.82, subdivision 7; and

(5) UAV data that are not public data under other provisions of chapter 13 retain that classification.

(b) Section 13.04, subdivision 2, does not apply to data collected by a UAV.

(c) Notwithstanding section 138.17, a law enforcement agency must delete data collected by a UAV as soon as possible, and in no event later than seven days after collection unless the data is part of an active criminal investigation.

Subd. 7. Evidence.

Information obtained or collected by a law enforcement agency in violation of this section is not admissible as evidence in a criminal, administrative, or civil proceeding against the data subject.

Subd. 8. Remedies.

In addition to any other remedies provided by law, including remedies available under chapter 13, an aggrieved party may bring a civil action against a law enforcement agency to prevent or remedy a violation of this section.

Subd. 9. Public comment.

A law enforcement agency must provide an opportunity for public comment before it purchases or uses a UAV. At a minimum, the agency must accept public comments submitted electronically or by mail. The governing body with jurisdiction over the budget of a local law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting.

Subd. 10. Written policies and procedures required.

Prior to the operation of a UAV, the chief officer of every state and local law enforcement agency that uses or proposes to use a UAV must establish and enforce a written policy governing its use, including requests for use from government entities. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as described in subdivision 9. The written policy must be posted on the agency’s website, if the agency has a website.

Subd. 11. Notice; disclosure of warrant.

(a) Within a reasonable time but not later than 90 days after the court unseals a warrant under this subdivision, the issuing or denying judge shall cause to be served on the persons named in the warrant and the application an inventory that shall include notice of:

(1) the issuance of the warrant or application;

(2) the date of issuance and the period of authorized, approved, or disapproved collection of information, or the denial of the application; and

(3) whether information was or was not collected during the period.

(b) A warrant authorizing collection of information with a UAV must direct that:

(1) the warrant be sealed for a period of 90 days or until the objective of the warrant has been accomplished, whichever is shorter; and

(2) the warrant be filed with the court administrator within ten days of the expiration of the warrant.

(c) The prosecutor may request that the warrant, supporting affidavits, and any order granting the request not be filed. An order must be issued granting the request in whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable grounds exist to believe that filing the warrant may cause the search or a related search to be unsuccessful, create a substantial risk of injury to an innocent person, or severely hamper an ongoing investigation.

(d) The warrant must direct that, following the commencement of any criminal proceeding using evidence obtained in or as a result of the search, the supporting application or affidavit must be filed either immediately or at any other time as the court directs. Until the filing, the documents and materials ordered withheld from filing must be retained by the judge or the judge’s designee.

Subd. 12. Reporting.

(a) By January 15 of each year, each law enforcement agency that maintains or uses a UAV shall report to the commissioner of public safety the following information for the preceding calendar year:

(1) the number of times a UAV was deployed without a search warrant issued under this chapter, identifying the date of deployment and the authorized use of the UAV under subdivision 3; and

(2) the total cost of the agency’s UAV program.

(b) By June 15 of each year, the commissioner of public safety shall compile the reports submitted to the commissioner under paragraph (a), organize the reports by law enforcement agency, submit the compiled report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over data practices and public safety, and make the compiled report public on the department’s website.

(c) By January 15 of each year, a judge who has issued or denied approval of a warrant under this section that expired during the preceding year shall report to the state court administrator:

(1) that a warrant or extension was applied for;

(2) the type of warrant or extension applied for;

(3) whether the warrant or extension was granted as applied for, modified, or denied;

(4) the period of UAV use authorized by the warrant and the number and duration of any extensions of the warrant;

(5) the offense specified in the warrant or application or extension of a warrant; and

(6) the identity of the law enforcement agency making the application and the person authorizing the application.

(d) By June 15 of each year, the state court administrator shall submit to the chairs and ranking minority members of the senate and house of representatives committees or divisions having jurisdiction over data practices and public safety and post on the supreme court’s website a full and complete report concerning the number of applications for warrants authorizing or approving use of UAVs or disclosure of information from the use of UAVs under this section and the number of warrants and extensions granted or denied under this section during the preceding calendar year. The report must include a summary and analysis of the data required to be filed with the state court administrator under paragraph (c).

Anoka County Parks Rules

Anoka County Parks

It shall be unlawful to use park property for a starting or landing field for aircraft, hot air balloons, parachutes, hang gliders, unmanned aerial vehicle (drone), or other flying apparatus, unless otherwise authorized by Permit.

It shall be unlawful for any person to start, fly, or use any powered model aircraft, unmanned aerial vehicle (UAV) or drone, model boat or model car, or rocket or like-powered toy or model without a Special Permit.

Bloomington Rules

Bloomington

A City permit is not required for drone usage in City parks. They ask that you follow all FAA guidelines and regulations when using your drone.

City of Arlington Code Chapter 15

City of Arlington Code Chapter 15

15.01 Purpose.

It is the purpose of this Ordinance to provide the residents of the City protection from invasions of privacy due to the rapid implementation of drone technology being put into use by individuals, entities, and law enforcement agencies. Use of UAVs also pose an unreasonable public safety concern to other aircraft or objects in the air, and to City residents and their property on the ground in the event of drone malfunction, loss of control, or other inability to sustain flight as intended.

15.02 Definitions

“City” means the City of Arlington, Sibley County, Minnesota. An UAV or “drone” means a powered, aerial vehicle that:

A. Does not carry a human;
B. Uses aerodynamic forces to provide vehicle lift;

C. Can fly autonomously or be piloted remotely;

D. Can be expendable or recoverable.

15.03 Permitted Use

A. No person, entity, governmental unit, or law enforcement agency may operate a drone within the airspace of the city, unless such has been permitted by the City of Arlington, using forms, procedures and fees as set by resolution of the City Council from time to time.

B. In addition to City rules and restrictions for such permitted drone use, the drone operator shall comply with all FAA and other government regulations.

C. Drone use shall be restricted to no more than a 400-foot ceiling altitude.

D. No drone shall be operated beyond the line of sight of the drone operator, unless the operator is assisted by a drone observer who keeps the drone in line of sight and who is in constant radio contact with the drone operator.

E. The City permitting procedure may require the drone operator to carry liability insurance for said drone operation, in coverage amounts and terms as set by the City Council from time to time.

F. No drone shall be operated within the designated flight corridors of the helicopter air ambulance servicing the city hospital, and no drone shall be operated anywhere within city limits at any time a helicopter air ambulance is in flight within the city limits.

15.04 Exceptions

A drone may be operated within city air space without permit if any of the following exceptions apply:

A. A law enforcement agency first obtains a warrant authorizing its use; or

B. A law enforcement agency determines, under particular circumstances, that there is immediate danger of death or serious injury to any person, and the law enforcement agency reasonably believes that the use of a drone may help to avoid said death or serious injury; or

C. A law enforcement agency needs to train officers on the use of a drone; law enforcement may operate a drone on city-owned property for training purposes; or

D. It is operated only within the boundaries of an individual’s real property, and has no surveillance capabilities; or

E. The drone operator is hired to do aerial photography of a property by the property owner, and the drone is operated only within the boundaries of the customer’s real property.

F. The operator of any drone without city permit under any of the exceptions of this Section 4 shall still comply with the restrictions set out in Section 15.03, Subsections b, c, d, and f above.

15.05 Penalty

Use or operation of a drone within the airspace of the City in violation of this Ordinance shall be considered a misdemeanor, punishable by the fines and other penalties established under state law for misdemeanors in effect on the date the violation occurs.

City of Eagan Rules

City of Eagan

The City of Eagan defers to the FAA for all requirements, guidance and regulations.

Dakota County Ordinance 107

Dakota County Ordinance 107

Section E – Engine-powered Models and Toys

It shall be unlawful for any person to start, fly or use any fuel- or battery-powered model aircraft, model boat, model car, or rocket or like powered toy or model within a County Park, except in those areas or waters designated by the Park Director for such use.

Minneapolis Parks and Recreation Rules

Minneapolis Parks and Recreation

Drone Use Application, Procedures & Fees

Approved Drone Permit uses are listed below. Permits are required for all drone flight that is from, within and on Minneapolis Park and Recreation Board property.

Approved Permitted Uses

  • Construction documentation
  • Bridge Inspection
  • Public Safety
  • Emergency Services
  • Commercial Filming/Photography
  • Media (Professional Accredited Press)

The Minneapolis Park and Recreation Board reviews applications on a case-by-case basis and consent or deny requests based on location conditions and specific agency guidelines.

Drone Use Permit Application [PDF]

Documents required to be submitted along with a Drone Use Application:

  • Filming/Photography Permit Application (if necessary)
  • Site Plan, included Detailed Flight Plan
  • Drone Insurance
  • FAA Pilots License
  • Drone Registration Certificate

Application Process:

Step 1: Complete the Drone Use Permit Application in its entirety if sections are left blank your application will not be accepted.
Step 2: Submit the completed application to MPRB staff using one of the submittal options below.

  • Email a PDF version to permits@minneapolisparks.org
  • Mail or bring in a copy to the Minneapolis Park and Recreation Board (2117 West River Road North Minneapolis, MN 55411)
  • Fax in a copy to 612-314-8675

Step 3: Your application will be reviewed by MPRB staff in the order in which it was received. Please plan on submitting your application at least 10 days prior to your requested date(s).
Step 4: Staff will then approve the permit or have follow-up questions/reasons for denial.

Drone Use Fees:

$100 per day and location

Insurance Information

Applicants are required to submit a Certificate of Insurance in the amount of $1,500,000 for General Liability Coverage with the MINNEAPOLIS PARK AND RECREATION BOARD listed as an additional insured for the event and date(s) of all preparation for such event occurring on MRPB property.

Send certificate of insurance to:

Minneapolis Park and Recreation Board
Special Services/Permits
2117 West River Road
Minneapolis, Minnesota 55411

Minneapolis Photography and Filming Permit

Minnesota Valley National Wildlife Refuge Rules

Minnesota Valley National Wildlife Refuge

Drones may not be launched, landed, or flown over the refuge, including personal or commercial use, without a special use permit.

They prohibit

  • Drones (UAVs) taking off, landing, and/or flying on or over refuge lands.
  • Launching, landing or disturbing of wildlife by aircraft (includes drones) on the refuge. This includes for recreational or commercial purposes.

Mississippi River – National Park Service Rules

Mississippi River – National Park Service

The Mississippi National River and Recreation Area only has jurisdiction over drone use on the land they own in fee title. While their boundary encompasses 54,000 acres, they only own about 64. Roughly 35 acres lie on 9 islands – some of which are no longer islands or only islands seasonally – and the Coldwater Spring unit covers 29 acres. Coldwater Spring is part of the larger Fort Snelling area and lies between Minnehaha Park and Historic Fort Snelling and riverward of Highway 55. If you are not launching or landing on their fee title land, the park does not have jurisdiction or authority over drone use and they cannot give permission for land they do not own. General locations are located on this map. See Appendix A of the Superintendent’s Compendium for more specific maps with boundary locations of lands owned by Mississippi National River and Recreation Area.

Ramsey County Parks and Recreation Rules

Ramsey County Parks and Recreation

a. Aviation takeoffs or landings, including toy planes, drones, hot air balloons, and rockets are not allowed in any Park. b. Drones may be operated only in designated areas.

Ramsey County Sheriff’s Office Policy

Ramsey County Sheriff’s Office Policy

604.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the use of an UAV and for the storage, retrieval, and dissemination of images and data captured by the UAV (Minn. Stat. § 626.19).

604.1.1 DEFINITIONS

Definitions related to this policy include:

Unmanned Aerial Vehicle (UAV) – An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled without the possibility of direct human intervention from within or on the aircraft and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means (Minn. Stat. § 626.19).

604.2 POLICY

Unmanned aerial vehicles may be utilized to enhance the office’s mission of protecting lives and property. Any use of a UAV will be in strict accordance with constitutional and privacy rights and FAA regulations. Office UAVs may be flown under two FAA regulatory authorizations:

1. Per the conditions of a Certificate of Authorization (COA); or

2. Under 14 CFR Part 107 – commercial regulations.

604.3 PRIVACY

The use of the UAV potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAV operations.

604.4 USE OF UAV

The Sheriff will appoint a program coordinator who will be responsible for the management of the UAV program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices. Members shall not use a UAV without a search warrant, except (Minn. Stat. § 626.19):

(a) During or in the aftermath of an emergency situation or disaster that involves the risk of death or bodily harm to a person, including but not limited to:

1. Assisting in the search for missing children and adults, including those with special needs or tendencies to wander.

2. Providing support during water or public area searches, rescues, and recoveries.

3. Protecting staff from unnecessary exposure to danger and minimizing the risk of injury to bystanders, staff, and suspects,

4. Enhancing the likelihood of bringing peaceful resolutions to potentially deadly incidents.

5. Conducting critical infrastructure and damage assessments during disaster response.

6. Pursuit of a suspect that poses a risk of bodily harm to a community member.

(b) Over a public event where there is a heightened risk to the safety of participants or bystanders.

(c) To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk.

(d) To prevent the loss of life or property in natural or man-made disasters and to facilitate operation planning, rescue, and recovery operations.

(e) To conduct a threat assessment in anticipation of a specific event.

(f) To collect information from a public area if there is reasonable suspicion of criminal activity.

(g) To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road.

(h) Over a public area for deputy training or public relations purposes.

(i) For purposes unrelated to law enforcement at the request of a government entity, provided the request is in writing and specifies the reason for the request and a proposed period of use.

If a UAV is requested by another law enforcement agency, use must be consistent with state and federal law as well as this policy.

604.4.1 DOCUMENTATION REQUIRED

Each use of a UAV should be properly documented by providing the following (Minn. Stat. § 626.19):

(a) A unique case number.

(b) A factual basis for the use of a UAV.

(c) The applicable exception, unless a warrant was obtained. Written policy shall be posted on the Sheriff Office’s website.

604.5 PROHIBITED USE A UAV shall not be used:

  • As a weapon or weaponized (Minn. Stat. § 626.19).
  • With facial recognition or biometric-matching technology unless authorized by a warrant (Minn. Stat. § 626.19).
  • To collect data on public protests or demonstrations unless authorized by a warrant or for purposes of a permitted use outlined in this policy (Minn. Stat. § 626.19).

604.6 DATA CLASSIFICATION AND RETENTION OF UAV DATA

Data collected by a UAV are private data on individuals or non-public data, subject to the following:

1. If the individual requests a copy of the recording, data on other individuals who do not consent to its release must be redacted from the copy.

2. UAV data may be disclosed as necessary in an emergency situation during or in an aftermath of an emergency situation that involves the risk of death or bodily harm to a person.

3. UAV data may be disclosed to the government entity making a written request specifying the reason for request and proposed period of use for UAV for purposes unrelated to law enforcement.

4. UAV data that are criminal investigative data are governed by Minn. Stat. § 13.82.

5. UAV data that are not public data under other provisions of Minnesota Government Data Practices Act.

1. Section 13.04, subdivision 2, does not apply to data collected by a UAV.

2. Notwithstanding Minn. Stat. § 138.17, a law enforcement agency must delete data collected by a UAV as soon as possible, and in no event later than seven days after collection unless the data is part of an active criminal investigation (Minn. Stat. § 626.19)

604.7 REPORTING

The Sheriff or designee will prepare and submit the required annual report to the Commissioner of Public Safety by January 15th of each year with the following information:

1. The number of times a UAV was deployed without a search warrant.

(a) The date of each deployment

(b) The authorized use for each deployment

2. The total cost of the agency’s UAV program.

Saint Bonifacius Code

Saint Bonifacius

91.01  PURPOSE.

(A) It is the purpose of this chapter to provide the residents of the city protection from invasions of privacy due to the rapid implementation of drone technology being put into use by individuals, entities and law enforcement agencies.

(B) Use of UAVs also pose an unreasonable public safety concern to other aircraft or objects in the air and to city residents and their property on the ground in the event of drone malfunction, loss of control or other inability to sustain flight as intended.

91.02  DEFINITION.

DRONE means a powered, aerial vehicle that:

(A) Does not carry a human;

(B) Uses aerodynamic forces to provide vehicle lift;

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

(D) Can be expendable or recoverable.

91.03  PROHIBITION.

No person, entity, governmental unit or law enforcement agency may operate a drone within the air space of the city.

Penalty, see § 91.99

91.04  EXCEPTIONS.

This chapter does not prohibit the use or operation of a drone in the city’s airspace if:

(A) A law enforcement agency first obtains a warrant authorizing its use;

(B) A law enforcement agency determines, under particular circumstances, that there is immediate danger of death or serious injury to any person;

(C) It is operated only within the boundaries of an individual’s real property;

(D) License operators under contract with individual property owners with prior notification of local law enforcement; or

(E) Council-approved events.

91.99  PENALTY.

Use or operation of a drone within the airspace of the city in violation of this chapter shall be a misdemeanor, punishable in accordance with state law.

Three Rivers Park District Rules

Three Rivers Park District

Drones and other powered toys, gadgets or models are not allowed without a permit.

University Drone Policies

Hamline University

St. Olaf College

University of Minnesota Drone Policy

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

Advanced Air Mobility (AAM)

2022 – Air Mobility Strategic Plan – scroll down page and download pdf

2024 – Minnesota Allows Flying Cars On Roads

 

 

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 wildlife at Palisade Head on Lake Superior, 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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