VT – Vermont
Stowe Resort Village
Vermont government website just for reference.
The VTDOT has a VTDOT UAS Page.
Vermont Legislature in case more laws were written since this book was published.
Last updated on April 3, 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
10 App. V.S.A. § 20
Title 10 Appendix: Vermont Fish and Wildlife Regulations
Chapter 1: Game
Subchapter 1: General Provisions
Aerial Hunting
1.0 Authority
This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance. In accordance with 10 V.S.A § 4084(a)(4), the Fish and Wildlife Board has the authority to prescribe the manner and means of taking any species or variety and including reporting and tagging of game.
2.0 Purpose
The purpose of this rule is to restrict the taking of wild animals by use of aircraft and drones.
3.0 Definitions
3.1 “Aircraft” means a contrivance used for navigation of or flight in the air and specifically includes, but is not limited to, planes, helicopters, hang-gliders, hot air balloons and any other device that allows a person to fly or hover above the ground.
3.2 “Take or taking” as defined in 10 V.S.A. § 4001: pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, birds and quadrupeds and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in lawful manner.
3.3 “Unmanned aerial vehicle” means any device capable of flying in the air, which is remotely, automatically, or otherwise piloted without an occupant, including but not limited to drones.
3.4 “Wild animal” as defined in 10 V.S.A. § 4001: all animals, including birds, fish, amphibians, and reptiles, other than domestic animals.
4.0 Aerial Hunting and Taking Prohibitions; Generally
4.1 It shall be unlawful for any person to take or attempt to take wild animals while a person is in an aircraft.
4.2 It shall be unlawful for any person to take or attempt to take wild animals by use of an UAV.
4.3 It shall be unlawful for any person within an aircraft, or with the use of a drone or UAV, to:
(a) attempt to locate, surveil, or aid or assist in attempting to locate or surveil any wild animal, for the purpose of taking or attempting to take the wild animal; or
(b) drive or harass any wild animal, or otherwise aid or assist in taking or attempting to take a wild animal.
5.0 Authorized Exceptions
Nothing in this rule shall be construed to relieve or modify the requirement to comply with applicable state and federal regulations, regarding aircraft and UAVs or, to apply to qualified personnel carrying out their lawful duties, in compliance with applicable state and federal regulations and permits, regarding aircraft and “UAVs”.
13 V.S.A. § 4018
Title 13: Crimes and Criminal Procedure
Chapter 85: Weapons
Subchapter 1: Generally
Drones
(a) No person shall equip a drone with a dangerous or deadly weapon or fire a projectile from a drone. A person who violates this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
(b) As used in this section:
(1) “Drone” shall have the same meaning as in 20 V.S.A. § 4621.
(2) “Dangerous or deadly weapon” shall have the same meaning as in section 4016 of this title.
20 V.S.A. § 4621
Title 20: Internal Security and Public Safety
Chapter 205: Drones
Definitions
As used in this chapter:
(1) “Correctional facility” shall have the same meaning as in 28 V.S.A. § 3.
(2) “Drone” means a powered aerial vehicle that does not carry a human operator and is able to fly autonomously or to be piloted remotely.
(3) “Law enforcement agency” means:
(A) the Vermont State Police;
(B) a municipal police department;
(C) a sheriff’s department;
(D) the Office of the Attorney General;
(E) a State’s Attorney’s office;
(F) the Capitol Police Department;
(G) the Department of Liquor and Lottery;
(H) the Department of Fish and Wildlife;
(I) the Department of Motor Vehicles;
(J) a State investigator; or
(K) a person or entity acting on behalf of an agency listed in this subdivision (3).
(4) “Public safety agency” shall have the same meaning as in section 1841 of this title.
20 V.S.A. § 4622
Title 20: Internal Security and Public Safety
Chapter 205: Drones
Law enforcement use of drones
(a) Except as provided in subsection (c) of this section, a law enforcement agency shall not use a drone or information acquired through the use of a drone for the purpose of investigating, detecting, or prosecuting crime.
(b)(1) A law enforcement agency shall not use a drone to gather or retain data on private citizens peacefully exercising their constitutional rights of free speech and assembly.
(2) This subsection shall not be construed to prohibit a law enforcement agency from using a drone:
(A) for observational, public safety purposes that do not involve gathering or retaining data; or
(B) pursuant to a warrant obtained under Rule 41 of the Vermont Rules of Criminal Procedure.
(c) A law enforcement agency may use a drone and may disclose or receive information acquired through the operation of a drone if the drone is operated:
(1) for a purpose other than the investigation, detection, or prosecution of crime, including search and rescue operations and aerial photography for the assessment of accidents, forest fires and other fire scenes, flood stages, and storm damage; or
(2) pursuant to:
(A) a warrant obtained under Rule 41 of the Vermont Rules of Criminal Procedure; or
(B) a judicially recognized exception to the warrant requirement.
(d)(1) When a drone is used pursuant to subsection (c) of this section, the drone shall be operated in a manner intended to collect data only on the target of the surveillance and to avoid data collection on any other person, home, or area.
(2) Facial recognition or any other biometric matching technology shall not be used on any data that a drone collects on any person, home, or area other than the target of the surveillance.
(3)(A) If a law enforcement agency uses a drone in exigent circumstances pursuant to subdivision (c)(2)(B) of this section, the agency shall obtain a search warrant for the use of the drone within 48 hours after the use commenced.
(B) If the court denies an application for a warrant filed pursuant to subdivision (A) of this subdivision (d)(3):
(i) use of the drone shall cease immediately; and
(ii) information or evidence gathered through use of the drone shall be destroyed.
(e) Information or evidence gathered in violation of this section shall be inadmissible in any judicial or administrative proceeding.
20 V.S.A. § 4623
Title 20: Internal Security and Public Safety
Chapter 205: Drones
Use of drones; FAA requirements
(a) Any use of drones by any person, including a law enforcement agency, shall comply with all applicable FAA requirements and guidelines.
(b) It is the intent of the General Assembly that any person who uses a model aircraft as defined in the FAA Modernization and Reform Act of 2012 shall operate the aircraft according to the guidelines of community-based organizations, such as the Academy of Model Aeronautics National Model Aircraft Safety Code.
20 V.S.A. § 4624
Title 20: Internal Security and Public Safety
Chapter 205: Drones
Reports
(a) On or before September 1 of each year, any law enforcement agency that has used a drone within the previous 12 months shall report the following information to the Department of Public Safety:
(1) The number of times the agency used a drone within the previous 12 months. For each use of a drone, the agency shall report the type of incident involved, the nature of the information collected, and the rationale for deployment of the drone.
(2) The number of criminal investigations aided and arrests made through use of information gained by the use of drones within the previous 12 months, including a description of how the drone aided each investigation or arrest.
(3) The number of times a drone collected data on any person, home, or area other than the target of the surveillance within the previous 12 months and the type of data collected in each instance.
(4) The cost of the agency’s drone program and the program’s source of funding.
(b) On or before December 1 of each year that information is collected under subsection (a) of this section, the Department of Public Safety shall report the information to the House and Senate Committees on Judiciary and on Government Operations.
20 V.S.A. § 4625
Title 20: Internal Security and Public Safety
Chapter 205: Drones
Correctional facilities; use of drones prohibited; civil penalty
(a) A person shall not knowingly operate a drone over a correctional facility or surrounding property that is readily recognizable to a reasonable person as being correctional facility property or is reasonably identified as such by fencing or appropriate signs.
(b) A person who violates subsection (a) of this section shall be assessed a civil penalty of not more than $500.00.
(c)(1) Subsection (a) of this section shall not apply to the use of a drone by:
(A) the Department of Corrections;
(B) a person operating a drone with the written consent of the correctional facility’s supervising officer; or
(C) a person operating a drone that is being used for a commercial purpose, if the person is operating in compliance with any authorization, rule, or exemption granted by the Federal Aviation Administration.
(2) With prior notice to the correctional facility, subsection (a) of this section shall not apply to the use of a drone by:
(A) the Department of Buildings and General Services or its contractors working on behalf of the Department;
(B) a law enforcement agency; or
(C) a public safety agency responding to an emergency or a person engaged in emergency functions or emergency management pursuant to chapter 1 of this title (emergency management).
32 V.S.A. § 9741
Title 32: Taxation and Finance
Chapter 233: Sales and Use Tax
Subchapter 2: Exemptions
Sales not covered
Retail sales and use of the following shall be exempt from the tax on retail sales imposed under section 9771 of this title and the use tax imposed under section 9773 of this title:
(1) Sales not within the taxing power of this State under the Constitution of the United States.
…
(29) Aircraft, but not drones, sold to a person that holds itself out to the general public as engaging in air commerce, for use primarily in the carriage of persons or property for compensation or hire; and parts, machinery, and equipment to be installed in any aircraft, other than drones.
…
Colchester Sec. 9-48
Aircraft and radio-controlled devices.
(a) No person shall operate, direct or be responsible for any aircraft, helicopter, glider, balloon, parachute, uav, drone or other aerial apparatus that shall take off from, operate within, or land within park property except in emergency law enforcement situations or when permission has been obtained from the Director.
(b) No person shall launch or operate any radio-controlled model rocket, airplane, glider, boat, car, or similar vehicle without permission from the Director.
Ski Resort Drone Bans
A prominent sign on the main chairlift at Mount Snow explains drones are banned from the entire ski area property and Butternut Ski Area officials have hung a sign near a high-traffic area at lodge entrance saying drones are not allowed. Resorts have publicized the bans on websites, brochures and trail maps.
Nearly all ski areas in Vermont, New Hampshire and Massachusetts ban drones unless the operator has written permission from the resort owners.
At Mount Snow drones are only allowed with prior approval from mountain owners. Those who do receive permission have to show the drone is properly registered and the operator has the necessary training and credentials to operate them. They also must carry insurance.
University Drone Policies
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 using your drone to film a promotional video for Stowe Resort Village, 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.
