OK – Oklahoma
Turner Falls
Oklahoma government website just for reference.
The OKDOT just for reference.
Oklahoma Legislature in case more laws were written since this book was published.
Last updated on August 14, 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
Oklahoma Statute §3-82
Definitions.
As used in the Oklahoma Aeronautics Commission Act, unless the context otherwise requires:
1. “Aeronautics” means the science, art and practice of flight including, but not limited to, transportation by aircraft and matters relating to air commerce; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories including the repair, packing and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports, restricted landing areas or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto;
2. “Aeronautical hazard” means any structure, object of natural growth or use of land, which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport that is otherwise hazardous to the operation and navigation of aircraft;
3. “Air navigation facility” means any facility used in, available for use in, or designed for use in, aid of air navigation including landing areas, any structures, mechanisms, lights, beacons, markers, communicating systems or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport and any combination of any or all of such facilities;
4. “Aircraft” means any contraption now known, or hereafter invented, used or designed for navigation of or flight in the air or airspace;
5. “Airman” means any individual who engages, as the person in command, or as a pilot, mechanic or member of the crew, in the navigation of aircraft while under way, and any individual who is directly in charge of the inspection, maintenance, overhauling or repair of aircraft, aircraft engines, propellers and appliances;
6. “Airport” means an area of land or water that is used, or intended to be used, for the landing and takeoff of aircraft, and buildings and facilities, if any;
7. “Airspace” means that portion of the atmosphere overlying a designated geographical area considered as subject to territorial jurisdiction or international law in respect to its use by aircraft, guided missiles, and rockets;
8. “Commercial service airport” means an airport meeting the current FAA definition for commercial service airport;
9. “Commission” means the Oklahoma Aeronautics Commission;
10. “Director” means the Director of Aeronautics of Oklahoma;
11. “General aviation airport” means an airport not meeting the criteria for definition as a commercial service or reliever airport;
12. “Helipad” means a small, designated area, usually with a prepared surface, on a heliport, airport, landing or takeoff area, apron or ramp, or movement area used for takeoff, landing or parking of helicopters;
13. “Heliport” means an area of land, water or structure used or intended to be used for the landing and takeoff of helicopters and includes its buildings and facilities, if any;
14. “Manned aircraft” means an aircraft, as defined in this section, that is operated with a person in or on the aircraft;
15. “Model aircraft” means an aircraft as defined in this section that is mechanically driven or launched into flight and that meets all of the following requirements:
a. is flown solely for hobby or recreational purposes, and
b. is not used for payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of the aircraft or any photographic or video image produced by the aircraft;
16. “Municipality” means any incorporated city, village, or town of this state and any county or political subdivision or district in this state, or any public trust thereof, which is, or may be, authorized by law to acquire, establish, construct, maintain, improve, and operate airports, airstrips, and aeronautical navigation facilities;
17. “Operation of aircraft” or “operate aircraft” means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state;
18. “Person” means any individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other similar representative thereof;
19. “Primary commercial service airport” means an airport meeting the current Federal Aviation Administration definition for primary commercial service airport;
20. “Reliever airport” means an airport designated by the Federal Aviation Administration as a reliever airport and which provides substantial capacity or instrument training relief to a primary commercial service airport;
21. “Resources” means services, facilities, funds, equipment, property, personnel and such other activities as are customarily included within the term;
22. “State” or “this state” means the State of Oklahoma;
23. “Unmanned aircraft” means an aircraft, as defined in this section, that is operated without the possibility of human intervention from within or on the aircraft; and
24. “Unmanned aircraft system” means an unmanned aircraft and associated elements including communication links and components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the National Airspace System.
Oklahoma Statute §3-322
Critical infrastructure facility – Unmanned aircraft prohibited.
A. As used in this section:
1. “Critical infrastructure facility” means:
a. one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden or flight of unmanned aircraft without site authorization is forbidden:
(1) a petroleum or alumina refinery,
(2) an electrical power generating facility, substation, switching station or electrical control center,
(3) a chemical, polymer or rubber manufacturing facility,
(4) a water intake structure, water treatment facility, wastewater treatment plant or pump station,
(5) a natural gas compressor station,
(6) a liquid natural gas terminal or storage facility,
(7) a telecommunications central switching office,
(8) wireless telecommunications infrastructure, including cell towers,
(9) a port, railroad switching yard, trucking terminal or other freight transportation facility,
(10) a gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas or natural gas liquids,
(11) a transmission facility used by a federally licensed radio or television station,
(12) a steelmaking facility that uses an electric arc furnace to make steel,
(13) a facility identified and regulated by the United States Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program,
(14) a dam that is regulated by the state or federal government, or
(15) a natural gas distribution utility facility, including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, aboveground piping, a regulator station and a natural gas storage facility, or
b. any aboveground portion of an oil, gas, hazardous liquid or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders;
2. “Dam” means any barrier, including any appurtenant structures, that is constructed for the purpose of permanently or temporarily impounding water; and
3. “Unmanned aircraft” means an aircraft without occupants that is flown by a pilot via a ground control system or autonomously through use of an onboard computer and other additional equipment necessary to operate the aircraft and includes unmanned aircraft commonly called drones.
B. Except as provided in subsection C of this section, a person shall not intentionally or knowingly:
1. Operate an unmanned aircraft over a critical infrastructure facility if the unmanned aircraft is less than four hundred (400) feet above ground level;
2. Allow an unmanned aircraft to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility; or
3. Allow an unmanned aircraft to come within a distance of a critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.
C. This section shall not apply to conduct committed by:
1. The federal government, the state or a political subdivision of the state;
2. A person under contract with or otherwise acting under the direction or on behalf of the federal government, the state or a political subdivision of the state;
3. A law enforcement agency;
4. A person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;
5. An owner or operator of the critical infrastructure facility;
6. A person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the critical infrastructure facility;
7. A person who has the prior written consent of the owner or operator of the critical infrastructure facility;
8. The owner or occupant of the property on which the critical infrastructure facility is located or a person who has the prior written consent of the owner or occupant of that property; or
9. An operator of an unmanned aircraft that is being used for a commercial purpose, if the operator is authorized by the Federal Aviation Administration to conduct operations over that airspace.
D. Any person in violation of this section may be civilly liable for damages to the critical infrastructure facility to include, but not be limited to, damage to property, the environment or human health.
Oklahoma Statute §3-421
REPEALED
Oklahoma Aeronautics Commission established as clearinghouse for unmanned aircraft systems (UAS).
A. The Oklahoma Aeronautics Commission is hereby established as the clearinghouse for unmanned aircraft systems (UAS) in the State of Oklahoma and shall be designated as the agency of this state for the promotion, enhancement and development of UAS and to ensure the safe integration and use of this new technology within the state. The purpose of this clearinghouse is to create a partnership between those entities that currently operate UAS, those that desire to use this technology in the future and other entities that can support the research and development of UAS to ensure that the State of Oklahoma can more effectively respond to the needs of this critical sector of the aviation and aerospace industry. In the operation of this clearinghouse, the Commission shall cooperate, assist and coordinate with the federal government, agencies of this state, tribal entities, municipalities and other persons in the development of unmanned aircraft systems throughout the state to ensure the acceptance of this technology and the successful integration of UAS into the National Airspace System. Contingent upon the availability of funds, the Oklahoma Aeronautics Commission may use established program processes or may contract with other qualified entities to carry out the duties and responsibilities of this act.
B. The primary goal of the UAS clearinghouse within the Commission is to establish a central point within state government to develop the strategy for how the State of Oklahoma can become a leader in the UAS industry. It will focus the collective resources, knowledge, information and assets within state government to ensure coordinated efforts amongst all parties. The clearinghouse will:
1. Conduct research on what other states and localities are doing insofar as their UAS rules and regulations so that it can provide recommendations to ensure Oklahoma is in the best position within the industry;
2. Organize and coordinate the application for any UAS test site, integration opportunity, pilot program or grant funding on behalf of the State of Oklahoma;
3. Maintain a registry of UAS being operated by state agencies, except those UAS that are part of a university-affiliated research program; and
4. Maintain a registry of educational institutions that offer training programs for users of UAS.
Oklahoma Statute §74-5003.12
Aerospace Commerce Economic Services Act – Purpose – Aerospace and Defense Industry Integrator.
A. This act shall be known and may be cited as the “Aerospace Commerce Economic Services Act”.
B. There is hereby created within the Oklahoma Department of Commerce, the Aerospace Commerce Economic Services (ACES), whose purpose shall be to create a partnership of service providers to more effectively respond to the needs of the aviation, aerospace and defense industries in the areas of education and training, research, and economic development. ACES will focus available resources to promote cooperation and collaboration among businesses, manufacturers, military installations, commercial aviation, educational institutions, nonprofit research institutions and state government for the purpose of strengthening the economy of the State of Oklahoma. Contingent upon the availability of funds, the Oklahoma Department of Commerce may employ established program processes or may contract with other qualified entities to operate ACES. The Department of Commerce shall partner with the Oklahoma Aeronautics Commission to implement the provisions of this act.
C. ACES is designed to coordinate and integrate the various aerospace resources that currently exist within state and local agencies. The primary goal of ACES is to establish a common statewide strategy for the growth of the Oklahoma aerospace industry. ACES will focus the collective aerospace resources, all or new aerospace resources, to achieve one or more of the following objectives into an integrated, coordinated statewide effort that will:
1. Increase contracts between companies in the aviation, aerospace and defense industries in Oklahoma and the Department of Defense and its prime contractors;
2. Create and retain more high-wage, high-skill jobs;
3. Strengthen collaborations between businesses and aviation, aerospace and defense interests;
4. Reduce the flow of federal defense contract dollars out of state;
5. Expand the aviation, aerospace and defense industries in Oklahoma;
6. Provide engineering and technical assistance;
7. Provide more suppliers for Oklahoma military installations and the aviation, aerospace and defense industries;
8. Reduce costs for the Department of Defense and Oklahoma military installations and increase the competitiveness of aviation, aerospace and defense businesses in Oklahoma;
9. Create and align goals to grow aerospace business to a top industry in Oklahoma by providing a forum to bring agencies, industry and government together;
10. Enhance Oklahoma’s supply chain utilization in the industry to fill existing gaps in supplier networks;
11. Develop a recruitment strategy to attract new businesses that reside or have a presence in Oklahoma; and
12. Create a forum for all aerospace stakeholders in Oklahoma to come together to pool ideas and resources to advance aerospace in the state. State aerospace stakeholders include but are not limited to Federal Aviation Administration, Veterans Administration, Tinker Air Force Base, all Oklahoma military installations, chambers of commerce, Oklahoma Space Industry Development Authority, Oklahoma Department of Commerce, Oklahoma State Regents for Higher Education, Oklahoma Aeronautics Commission, Small Business Administration, Unmanned Aerial Systems Cluster Initiative of Oklahoma and Kansas, Oklahoma Manufacturing Alliance, CareerTech, Oklahoma Center for the Advancement of Science and Technology, Governor’s Unmanned Aerial Systems Alliance of Oklahoma, Unmanned Aerial Systems Council and Oklahoma Bid Assistance Network.
D. ACES shall establish an Aerospace and Defense Industry Integrator. The integrator shall be used to engage key players from the government, academia and other key stakeholders to create an industry-wide vision and strategic map that details a plan to enhance the industry. The integrator shall initiate the following activities:
1. Assessing the current state of the industry, developing and defining a vision for the future of the industry;
2. Identifying supplier network gaps and developing solutions to fill those gaps;
3. Identifying funding requirements and developing funding opportunities; and
4. Establishing ongoing mechanisms to monitor activities and devising a process that includes the development and reporting of metrics to track and manage ongoing progress.
E. In order to streamline the use of resources with the goal of eliminating duplication of efforts, ACES shall act as a facilitator for the collection and sharing of information and activities concerning the aviation, aerospace and defense industries. ACES shall provide coordination and assistance for the plans and activities of state agencies, task forces, departments, boards, commissions and other entities that have responsibilities or duties regarding the aviation, aerospace and defense industries with the goal of eliminating duplication of effort.
F. ACES shall support and foster the growth of the aviation, aerospace and defense industries. ACES shall acquire aerospace executive expertise and provide consulting services to the aviation, aerospace and defense industries, government agencies and organizations across the State of Oklahoma in order to strengthen the policy framework, economic development initiatives and activities of the state.
G. ACES may accept funding that includes, but is not limited to:
1. Monetary contributions;
2. Contractual arrangements;
3. In-kind services;
4. Federal- and state-appropriated dollars;
5. Private and public foundation grants; and
6. Fee-for-service products.
University Drone Policies
University of Central Oklahoma
Note: This list is just a sample… many more could be added.
Advanced Air Mobility (AAM) Regulations & Policies
2023 – SB 773 – enacted
Advanced Air Mobility (AAM) News
2022 – US Oklahoma-Arkansas region to develop advanced mobility (AM) national hub
2023 – Choctaw Nation of Oklahoma seeks information about AAM vertiport development
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 a wedding at Turner Falls, 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.
