NE – Nebraska

Flag courtesy of Wikipedia

Winter at Scotts Bluff National Monument

Photo courtesy of Wikipedia

Nebraska government website just for reference.

The NEDOT has a NEDOT UAS Page.

Nebraska 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

 

 

Nebraska Revised Statute 28-521

NRS 28-521

Criminal trespass, second degree; penalty.

(1) A person commits second degree criminal trespass if, knowing that he or she is not licensed or privileged to do so, he or she enters or remains in any place as to which notice against trespass is given by:

(a) Actual communication to the actor; or

(b) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(c) Fencing or other enclosure manifestly designed to exclude intruders except as otherwise provided in section 28-520.

(2) A person commits second degree criminal trespass if, knowing that he or she is not licensed or privileged to do so, he or she intentionally causes an electronic device, such as an unmanned aircraft, to enter into, upon, or above the property of another, including such property owned by such person and leased or rented to another, with the intent to observe another person without his or her consent in a place of solitude or seclusion.

(3) For purposes of this section, unmanned aircraft means an aircraft, including an aircraft commonly known as a drone, which is operated without the possibility of direct human intervention from within or on the aircraft.

(4) Second degree criminal trespass is a Class III misdemeanor, except as provided for in subsection (5) of this section.

(5) Second degree criminal trespass is a Class II misdemeanor if the offender defies an order to leave personally communicated to him or her by the owner of the premises or other authorized person.

City of Omaha Parks Rules

City of Omaha Parks

Drones may not take off or land in a City park or City Right-of-Way unless under 0.55 lbs. / 250 grams (recreational) or if a permit has been issued. All drone users (commercial or over 0.55 lbs. / 250 grams), must abide by FAA rules and regulations for flying over any open space including a City park. This includes registering your drone (if over 0.55 lbs./250 grams). Drone racing is prohibited unless a special permit is obtained by the City for use in a designated area or park. Anyone then racing drones in that area must also obtain a permit from the FAA for use by their recognized group. FAA regulations for outdoor racing include additional guidelines that must be maintained by a group to be in compliance. Anyone caught in violation of City or FAA rules or regulations will be subject to action by the FAA or the potential of being banned and barred from all City parks.

Lincoln Municipal Code 4.28

Lincoln Municipal Code 4.28.060

The unregulated use of unmanned aircraft (drones) throughout the City poses a threat to the public health, safety, and welfare of residents of the City and constitutes a hazard to aircraft operations in the jurisdiction of the City. The City has a particular need and concern that the Lincoln Airport and Environs remain safe for aircraft takeoffs and landings, for commercial, military, and general aviation activities, and for airshows and demonstrations sponsored by or conducted at the Lincoln Airport.

The City is making every effort to pattern the regulations hereinafter set forth after those that have been promulgated by the Federal Aviation Administration for the regulation of unmanned aircraft systems. It is the express intent of the City that these regulations be interpreted consistently with the FAA regulations on the same subject. (Ord. 20318 §1; April 18, 2016).

Lincoln Municipal Code 4.28.070

For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the following meanings:
Aircraft shall mean any contrivance invented, used, or designed to navigate or fly in the air.
Lincoln Airport or Airport shall mean Lincoln Airport located in Sections 4, 5, 6, 7, 8, 9, 17, and 18, Township 10 North and Sections 31 and 32, Township 11 North, Range 6 East of the 6th Principal Meridian, Lancaster County, Nebraska.
Model Aircraft shall mean a small unmanned aircraft that is capable of sustained flight in the atmosphere and flown for hobby or recreational purposes.
Public Aircraft shall have the definition as found in the current version of 49 U.S.C. § 40102.
Small Unmanned Aircraft shall mean an unmanned aircraft weighing less than 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft.
Toy Aircraft shall mean (1) a glider or hand-tossed aircraft that is not designed for and is incapable of sustained flight; or (2) an aircraft that is capable of sustained flight and that is controlled by means of a physical attachment, such as a string or wire.
Unmanned Aircraft shall mean an aircraft operated without the possibility of direct human intervention from within or on the aircraft and does not carry a human operator but can be remotely piloted or operated, also colloquially known as a drone. The term “Unmanned Aircraft” does not include “Toy Aircraft” or “Public Aircraft.”
Unmanned Aircraft System (UAS) shall mean an Unmanned Aircraft and its associated elements (including communication links and the components that control the unmanned aircraft) that are required for the safe and efficient operation of the unmanned aircraft in the airspace. (Ord. 20318 §2; April 18, 2016).

Lincoln Municipal Code 4.28.080

a. It shall be unlawful for any person to operate an Unmanned Aircraft System within the corporate limits of the City:

    1. without registration and markings as required by Federal Aviation Administration regulations;
    2. in violation of any Temporary Flight Restriction included within a Notice to Airman issued by the Federal Aviation Administration; or
    3. in a careless or reckless manner so as to endanger the life or property of another.

b. In addition to the above restrictions, Model Aircraft shall not be operated:

      1. at an altitude in excess of 400 feet;
      2. within five miles of Lincoln Airport unless the Airport Authority of the City of Lincoln and the Lincoln Airport Control Tower have been first notified; or
      3. outside the visual line of sight of the operator.

c. The restrictions set forth in (a) and (b) above shall not apply to Public Aircraft or Toy Aircraft. (Ord. 20318 §3; April 18, 2016).

Lincoln Municipal Code 4.28.090

Any person who violates any of the provisions of Section 4.28.080 shall be guilty of an infraction, and shall be subject to the penalties for an infraction as set forth in Section 1.24.010 of this Code. (Ord. 20318 §4; April 18, 2016).

LRO Snapshot

LRO Snapshot

Nebraska is one of a handful of states that do not have laws regulating UAS at either the state or local level. However, bills have been introduced, and there are guidelines for flying drones at the capitol building and restrictions for flying in parks or around wildlife in Nebraska.

Nebraska Game and Parks Rules

Nebraska Game and Parks

Operators of recreational unmanned aircraft (UAVs), commonly known as drones, should be aware of the following wildlife laws and rules governing their use at Nebraska Game and Parks Commission’s properties:

State Parks, State Historical Parks and State Recreation Areas: To ensure public safety and privacy, UAV use is not permitted in state parks, state historical parks and state recreation areas. A special permit may be issued to operate a UAV in unique occasions.

State Wildlife Management Areas (WMA): UAV use on WMAs is not allowed unless a free Special Occasion Permit is requested and obtained. Contact the nearest Commission district office for an application.

Wildlife: State law and the federal Airborne Hunting Act prohibit the use of aircraft, including UAVs, to harass birds, fish, or any other animal. Drones should never be used to flush, chase or harass any wildlife, including, but not limited to, large flocks of migrating birds such as snow geese or sandhill cranes, or nesting birds, such as the peregrine falcons at the State Capitol building.

Endangered and Threatened Species: State and federal endangered species laws prohibit the harassment of listed species. Drone use is more likely to impact Nebraska’s endangered and threatened birds compared to other listed plants and animals. Nebraska listed bird species include the whooping crane, least tern, piping plover, mountain plover and red knot. Drone operators should avoid flying UAVs in areas where these species are known to occur. More information can be found on the Commission website.

Bald and Golden Eagle Protection Act: This federal law protects the two eagle species that occur in the United States by prohibiting their disturbance. UAVs should not be flown to observe eagles or near their nests. Eagles may attack drones, especially if flown near active nests or near large congregations of over-wintering or migrating eagles.

Additionally, those who operate UAVs should be aware of FAA laws and city ordinances governing their use. Recreational UAV use has been allowed by the FAA since August 2016.

“We recognize UAVs are a new frontier and their increasing availability creates both opportunities and challenges,” said Craig Stover, the Commission’s law enforcement division administrator. “The laws and rules the Commission has in place that limit UAV use in certain settings are intended to protect people, maintain the splendor and family-friendly atmosphere of our recreational lands and avoid unnecessary harm and harassment to sensitive wildlife.”

UAV operators are encouraged to contact the Commission at 402-471-0641 if they have further questions.

Nebraska State Capitol Building Rules

Nebraska State Capitol Building

The use of a drone inside the Nebraska State Capitol is prohibited.

The Nebraska State Capitol is within the 5 mile zone circumscribing the Lincoln Municipal Airport and all drone operators must fulfill all FAA regulations required for operating aircraft within the defined 5 mile zone.

Drone/UAV operators who meet the FAA requirements are able to fly a drone in the area adjacent to the Capitol property, defined as a cube with the boundaries of the curb line of all four public streets surrounding the Capitol reaching up perpendicular to a horizontal height of 800 feet.

Drone/UAV operators may request permission, in advance, to fly a drone/UAV within the defined Capitol property by submitting a letter or Facility Use Permit to the Office of the Capitol Commission describing the purpose of the drone/UAV request. The request shall include the name/agency/organization and all contact information, the date, time and duration of the flight, and the type of drone/UAV and equipment to be used.

The application letter or FUP shall be submitted to the Office of the Capitol Commission at least 2 weeks in advance of the intended use date.

A written response to the applicant will be provided by the Office of the Capitol Commission will be sent within 5 working days of OCC receiving the request.

Contact the Capitol Tourism Supervisor (402) 471 0449 to receive a FUP.

University Drone Policies

Bellevue University

Doane University

Union College

University of Nebraska Kearney

University of Nebraska-Lincoln

University of Nebraska Omaha

Wayne State College

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 at Scotts Bluff, 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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