400 ft - Guideline?

[AerialZ]

Hello everybody,

I am just starting to do some real estate aerial work to make some extra cash on the side (I have my part 107). However, I have a property coming up that sits on a 10 acre plot of land. I submitted a waiver 3 weeks ago to fly at a ceiling of 600 ft and still haven't heard back from them. The property is outside of the 5 mile airport range. This is where the issue arises:

Recreational: I have heard mixed feedback regarding whether 400ft was a guideline or a strict rule, which is it?

Commercial: If it takes 90 days maximum to get a waiver approved, how are you guys able to fly 400ft+ in order to photograph large tracts of land?

Thanks

First off (as previously mentioned), what airspace class are you in?
As a 107 holder, I would expect that you know this, regardless of how far you are from the closest airport(s). As far as trying to classify this as Recreational or Commercial, you can't change your scope if you're flying to shoot real estate as you stated... it's Commercial and you must follow 107 rules and criteria. I would not hold your breath on getting a waiver for over 400'. The FAA can't even keep up with the Airspace Authorizations and have really only been granting Night waivers so far.

 

[Barking Deer]

Hello everybody,

I am just starting to do some real estate aerial work to make some extra cash on the side (I have my part 107). However, I have a property coming up that sits on a 10 acre plot of land. I submitted a waiver 3 weeks ago to fly at a ceiling of 600 ft and still haven't heard back from them. The property is outside of the 5 mile airport range. This is where the issue arises:

Recreational: I have heard mixed feedback regarding whether 400ft was a guideline or a strict rule, which is it?

Commercial: If it takes 90 days maximum to get a waiver approved, how are you guys able to fly 400ft+ in order to photograph large tracts of land?

Thanks

With respect to the others on this board, you say you are flying for a commercial purpose and have a part 107 license. If so, then a 400 foot ceiling is ABSOLUTELY A LAW and not a recommendation. I prepared a PDF (attached) of Part 107. Read section 107.51(b). (You already should have this stuff memorized if you have a 107 license) For recreational flying the 400 foot ceiling is part of what goes in the mix if the FAA has to decide whether you have been endangering the National Airspace. If you need more info on this, you can read my article at https://ssrn.com/abstract=2824127 But what you propose is not recreational flying.

Section 107.51 is one of the waivable conditions, but it is going to depend on what is above and below. In other words, if the space above 400 ft is part of controlled airspace (the control areas are like inverted layer cakes) then don't bet on the waiver. Did you provide for some indicator of safety, such as flashing lights to warn helicopters and low flying aircraft that might happen upon you at an oblique angle while at 600 ft? Do you have a visual observer? How are you keeping the craft in line of sight at that altitude? What color is the craft? Does it have a transponder? Are you flying over sparsely populated land? Is it in the middle of a military air route? Any tall towers nearby? All this will go into the mix for a decision on a waiver.