@JoBe unfortunately you're badly misinformed. sUAS never EVER have any kind of Right to space. We are required to always give right of way to any manned aircraft... PERIOD!
Here is the FAA ruling on "How low can the fly"
§ 91.119 Minimum safe altitudes:
General.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
a. Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
b. Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
c. Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
d. Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph B or C of this section if the operation is conducted
without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the Administrator.
Pay special attention to section (d.) above. They can operate at pretty much ANY altitude so long as they do it safely and by the book. That's the caveat that most people don't get when they start talking about Min Alti for helo operations. Here is a brief snipper from the FAA as to why helo get this special allowance:
"
Helicopter operations may be conducted below the minimum altitudes set for fixed-wing aircraft. The reason? The helicopter's unique operating characteristics, the most important of which is its ability to execute pinpoint emergency landings during power failure. Further, the helicopter's increased use by law enforcement and emergency medical service agencies requires added flexibility in the application of many FAA provisions."
Regardless you'll always want to keep your head on a swivel and your ears to the air so you can maintain See-And-Avoid at all costs. It's your responsibility to always give right of way to any manned aircraft in the air without exception. The burden rests solely and legally on your shoulders.
Safe Flights
Allen