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 Can a community or a city establish them selfs  as a community that does not allow UAS  flight.  I had a request from a customer to do a cell tower inspection. The cell tower was located in South Jordan Utah.  A housing development in South Jordan Utah has stated they do not allow UAS in that community.  I don't think they understand the commercial side of this.  Can a community or development restrict otherwise legal flight from a  commercial 107 licensed pilot?  I don't think they have the authority to do this. In every other respect airspace, airports, it's legal to fly.  Does anyone know where I can get the documentation to show such a community that a commercial pilot would retain the right to fly?

 

 Any help would be greatly appreciated.

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This, my friend, is an ongoing sore spot of an issue. Federal law is clear on this, but the Feds have not taken a Pre Emptive stance (i'm not an attorney, but I did stay at a Holiday Inn Express for Hurricane Matthew).  My state, Georgia, recently passed a law that says essentially that a local entity can not pass a law that would be in contradiction with federal law re drone operations.  I would love to see more of that.  The legislature and the Governor here pointed out that they wanted to see the burgeoning industry flourish and not be bound by restrictive covenants (my words).

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No, but, they could enact a prohibition that says no launching of model aircraft such as balloons, drones, airplanes, helicopters, kites - I've seen that plenty. Nothing we can really do to stop them from doing that. If their community says they do not allow drones in there, that would be like saying they don't allow guns or food in their community. However, do you really want to be the first person to have discussions with a law enforcement officer to challenge this onsite? Better to contact the HOA first, explain how the law works for flight works and offer a way to get approval to launch from their property, otherwise launch outside their property and if you can follow P107 rules, fly to your mission.

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