Shooting a very tall building...

I was able to reach out to some folks "in-the-know" and ask the very pointed question regarding the conflicting guidance vs. the regulation. I received this chart along with the statement that prior ATC authorization into Class E airspace only applies to the Class E airspace that goes to the surface around an airport, including extensions such as those found at some Class D airports. So...case closed. You can fly IAW 107.51 up to 400 feet AGL above a structure even if it takes you into Class E that starts at 700 or 1200. However, be sure that it doesn't take you into Class B, C or D. This should allow some of you to take on jobs that you otherwise have been turning down due to the misinformation that's out there. Enjoy.

Class E Detailed.jpg
 
I was taught that for 107 operators AGL really means AGBL, or "above ground or building level", as long as you are within 400' in any direction of the building or structure (antenna, bridge). So I have always considered ground level as the top of any building I'm shooting if I'm within 400' of that building horizontally.

IE, When shooting a building 1000' high, the 700' AGL BOTTOM ceiling of class E airspace would START at 1700' above GROUND, or 700' above the building, as long as I'm within 400' of the building horizontally. So legally, without ATC clearance or COA through the portal, I can go up to 1400' AGL, or 400' above the building, as long as I'm within 400' of the building horizontally. Am I wrong?

In other words, the FAA AGL ceiling numbers consider the top of buildings as ground level. That's been my interpretation in my studies, but it's not what I practice, I'm more conservative.

This facilitates the ability for drones to inspect 1500' high radio towers, or 750' tall bridges (IE:Golden Gate Bridge... if I was hired) without FAA approval, as long as you're within 400' horizontally from the structure, in class G space.
 
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In practical application, that mindset would work. However, the terminology that is used throughout the rules and guidance is in reference to the ground.

The main reason I would use the strict AGL definition is in the cases of towers being under Class B or C shelves. Those shelves can have structures that if a 107 pilot flies 400 above them, they'd be in the controlled airspace and in violation without authorization. Even though the airspace under them is E and/or G.

90% of the time, your definition would yield the same results as AGL. It's the other times where thinking AGL is equal to above building/structure that might potentially cause problems.

My 2 cents.
 

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