MS – Mississippi

Flag courtesy of Wikipedia

Clark Creek Natural Area, Wilkinson County

Photo courtesy of Wikipedia

Mississippi government website just for reference.

The MSDOT website just for reference.

Mississippi 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

 

SB 2146 – effective July 2023

SB 2146

AN ACT TO ENACT THE UNCREWED AIRCRAFT SYSTEMS’ RIGHTS AND AUTHORITIES ACT; TO DEFINE TERMS; TO PROVIDE THAT AN INDIVIDUAL, IN COMPLIANCE WITH FEDERAL LAW, MAY OPERATE AN UNCREWED AIRCRAFT SYSTEM FOR RECREATIONAL PURPOSES WITHIN THIS STATE; TO PROVIDE THAT AN INDIVIDUAL OR BUSINESS ENTITY, DOING BUSINESS LAWFULLY WITHIN THIS STATE AND IN COMPLIANCE WITH FEDERAL LAW, MAY OPERATE OR USE AN UNCREWED AIRCRAFT SYSTEM FOR COMMERCIAL PURPOSES WITHIN THIS STATE; TO PROVIDE THAT A PERSON MAY BE GUILTY OF AN OFFENSE COMMITTED WITH THE AID OF AN UNCREWED AIRCRAFT SYSTEM IF THE ACTIVITY PERFORMED WITH THE AID OF THE UNCREWED AIRCRAFT SYSTEM WOULD HAVE GIVEN RISE TO LIABILITY IF IT WAS PERFORMED DIRECTLY BY THE PERSON WITHOUT THE AID OF AN UNCREWED AIRCRAFT SYSTEM; TO PROVIDE FOR THE REGULATORY AUTHORITY OF THE STATE AND ITS POLITICAL SUBDIVISIONS; TO PROVIDE THAT NOTHING IN THE ACT SHALL PREEMPT FEDERAL LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  This act shall be known and may be cited as the “Uncrewed Aircraft Systems’ Rights and Authorities Act.”

SECTION 2.  As used in this act, the following terms shall have the meanings herein ascribed unless the context clearly indicates otherwise:

          (a)  “Airspace” means the space above the land and waters of this state.

          (b)  “Uncrewed aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

          (c)  “Uncrewed aircraft system” means an uncrewed aircraft and associated elements, including communication links and the components that control the uncrewed aircraft, that are required for the pilot in command to operate safely and efficiently in the national airspace system.

SECTION 3.  (1)  An individual, in compliance with federal law, may operate an uncrewed aircraft system for recreational purposes within this state.

     (2)  An individual or business entity, doing business lawfully within this state and in compliance with federal law, may operate or use an uncrewed aircraft system for commercial purposes within this state.

     (3)  An owner of an uncrewed aircraft or uncrewed aircraft system shall not be required to register such aircraft or system beyond what may be required by federal law and regulations.

SECTION 4.  (1)  A person is liable for an act or guilty of an offense committed with the aid of an uncrewed aircraft system if the uncrewed aircraft system is under the person’s operation or control and the activity performed with the aid of the uncrewed aircraft system would have given rise to civil or criminal liability under the laws of this state, if it was performed directly by the person without the aid of an uncrewed aircraft system.

     (2)  An uncrewed aircraft can be the instrumentality by which a tort in violation of privacy rights may be committed under federal or state law.

SECTION 5.  Regulatory authority.  (1)  The state, through a duly adopted and enforceable agency-issued rule or regulation or other grant of authority, may:

          (a)  Provide for the operation of an uncrewed aircraft system by or on behalf of the state or that is owned by the state; and

          (b)  Provide for or prohibit:

               (i)  The launch of an uncrewed aircraft from property owned by the state;

               (ii)  The intentional landing of an uncrewed aircraft onto property owned by the state; or

               (iii)  The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the state.

     (2)  (a)  Except as otherwise expressly provided in this section, a political subdivision may not enact or enforce an ordinance that relates to the:

               (i)  Ownership, operation, design, manufacture, testing, maintenance, licensing, registration, or certification of an uncrewed aircraft system, including, but not limited to, airspace, altitude, flight paths, or equipment requirements; or

               (ii)  Qualifications, training, or certification of a pilot, operator, or observer of an uncrewed aircraft system.

          (b)  This subsection does not limit the authority of a political subdivision to:

               (i)  Adopt an ordinance that enforces Federal Aviation Administration restrictions;

               (ii)  Adopt or enforce an ordinance that relates to the operation of an uncrewed aircraft system:

  1.  By or on behalf of such political subdivision; or
  2.  That is owned by such political subdivision;

               (iii)  Adopt or enforce generally applicable ordinances that relate to nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts arising from the use of uncrewed aircraft systems, so long as such ordinances are not specifically related to the use of an uncrewed aircraft system for those illegal acts; or

               (iv)  Adopt or enforce an ordinance that regulates:

  1.  The launch of an uncrewed aircraft from property owned by the political subdivision;
  2.  The intentional landing of an uncrewed aircraft onto property owned by the political subdivision; or
  3.  The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the political subdivision.

     (3)  Nothing in this section shall be construed to prohibit:

          (a)  The take-off or landing of an uncrewed aircraft as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure, including broadband infrastructure;

          (b)  The landing of an uncrewed aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an uncrewed aircraft system;

          (c)  The take-off or landing of an uncrewed aircraft being operated by a sworn public safety officer in the performance of his duties; or

          (d)  The take-off or landing of an uncrewed aircraft owned or operated by the United States government, or any operator under contract with any agency of the United States government, in performance of his assigned duties.

SECTION 6.  Nothing in this act shall preempt the exclusive sovereignty of airspace of the United States as set forth in federal law.  Any interpretation or application of any provision of this act that contradicts the exclusive authority of the United States government to regulate the operation of uncrewed aircraft and uncrewed aircraft systems in the airspace of the United States shall be null.

SECTION 7.  This act shall take effect and be in force from and after July 1, 2023.

 

Miss. Code Ann. § 61-11-1

Miss. Code Ann. § 61-11-1

Operation of aircraft in careless manner, while under influence of intoxicating liquor, etc.; hunting or spotting game for purpose of hunting from aircraft.

(1) It shall be unlawful for any person to operate an aircraft in the air or on the ground or water, while under the influence of intoxicating liquor, narcotics or other habit-forming drug, or to operate 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. In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court in determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

(2) It shall be unlawful for any person or persons to pursue, chase, hunt, take or kill any wild game or waterfowl from an aircraft, or to spot and communicate the location of any wild game from an aircraft to another for the purpose of hunting, killing or taking such wild game. Before a person may be arrested for a violation of the provision of this subsection that prohibits the spotting and communication of the location of wild game from an aircraft for the purpose of hunting, killing or taking such wild game, the arresting officer must have reasonable grounds and probable cause to believe that a violation has occurred. Any person convicted under this subsection (2) shall be subject to the penalties provided in Section 61-11-7, and shall also forfeit all hunting, trapping and fishing privileges for a period of not less than twelve (12) months from the date of conviction.

Miss. Code Ann. § 97-47-3

Miss. Code Ann. § 97-47-3

Definitions.

For the purposes of this chapter, unless otherwise specified, the following terms shall have the following meanings:

(a) “Correctional facility” means any:

(i) Confinement facility operated or contracted by the Mississippi Department of Corrections;

(ii) Confinement facility operated or contracted by the Federal Department of Prisons;

(iii) Municipality or county jail;

(iv) Confinement facility operated or contracted by the Federal Department of Prisons; or

(v) Public or private youth detention facility.

(b) “Critical infrastructure” means any of the following, whether public or private:

(i) Petroleum refinery or petroleum tank farm;

(ii) Electrical power generation facility which supports the Mississippi power grid system;

(iii) Natural gas processing and terminal facility;

(iv) Military installation owned by the federal or state government; or

(v) Entity contracted by the Department of Defense or State Military Department to produce defense products.

(c) “Unmanned aircraft” means an aircraft that is constructed or operated without the possibility of direct human intervention from within or on the aircraft, including every object that is on board or otherwise attached to the aircraft, or carried or operated during flight, regardless of weight. For purposes of this chapter, this term is synonymous with the term “drone.”

(d) “Unmanned aircraft system” means an UA and all associated elements, including, but not limited to, communication links, sensing devices, and components that control the unmanned aircraft.

Miss. Code Ann. § 97-47-5

Miss. Code Ann. § 97-47-5

Offense of unlawful use of an UAS.

A person commits the offense of unlawful use of an UAS if he or she knowingly:

(a) Uses an UAS to conduct surveillance of, collect information or data, or photographically or electronically record a critical infrastructure or correctional facility without the prior written consent of the owner, or the owner’s designee, of the critical infrastructure or correctional facility; or

(b) Delivers or attempts to deliver contraband using an UAS on a correctional facility property or adjacent property for the purpose of introducing contraband into a correctional facility.

Miss. Code Ann. § 97-47-7

Miss. Code Ann. § 97-47-7

Operation of UAS by law enforcement agency for lawful purpose permitted; operation of UAS by public agency or public contractor permitted under certain circumstances; applicability of chapter.

(1) Nothing in this chapter shall be deemed to prohibit the operation of an UAS by a law enforcement agency for any lawful purpose in this state.

(2) A public agency or a public contractor, other than a law enforcement agency or contractor, may operate an UAS only if the public agency or contracted entity operates the UAS:

(a) With the written consent of the owner, or the owner’s designee, of the critical infrastructure or correctional facility; and

(b) In accordance with the rules and regulations adopted by the FAA.

(3) This chapter shall not pertain to UA operating under FAA Certificates of Waiver Authorization.

Miss. Code Ann. § 97-47-9

Miss. Code Ann. § 97-47-9

Penalties.

(1) Any person who is convicted under Section 97-47-5(a) shall be guilty of a misdemeanor, punishable up to one (1) year in prison or a fine not to exceed One Thousand Dollars ($1,000.00) for the first offense or both.

(2) Any person convicted under Section 97-47-5(b) shall be guilty of a felony, punishable by a term of no less than three (3) years and no more than fifteen (15) years in the State Penitentiary or a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or both.

National Park Service Rules

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 the 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.

University Drone Policies

Mississippi State University

University of Mississippi

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

Advanced Air Mobility (AAM)

 

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 Clark Creek Natural Area, Wilkinson County, 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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