By Jeff Burbrink
Ag & Natural Resources Extension Educator, Purdue Extension, LaGrange County

LAGRANGE — There has been a lot of chatter about drone (Unmanned Aerial Vehicles or UAVs) use over agriculture land the past two months. The rules regarding UAV usage generally start at the federal level with the Federal Aviation Administration and can be enhanced by state and local rules.

Jeff Burbrink

All recreational flyers must pass an aeronautical knowledge and safety test, called TRUST, and provide proof you passed the test if asked. All drones, whether for recreation or commercial, must be registered through the FAA Drone Zone if they exceed 0.55 pounds.

Commercial flyers (non-recreational use) must pass a pilots test under the FAA Part 107 Small UAS Rule. On that exam, you learn a great deal about how the FAA governs airspace, including spaces around airports, crowded venues like sporting events, and cities, towns and towers. To fly in controlled airspace, a person must seek permission prior to the flight.

In open agriculture country, the general ceiling to fly is 400 feet, called Class G or uncontrolled airspace. There are exceptions for flight paths in and out of airports, around towers and such. The drone is to be flown within line of sight or using an observer who is next to you and in line of sight. There are rules in place for night flying, operating over people and events, identification marking on the drone, broadcasting an electronic ID, etc.

There are airspaces within the state, such as DNR properties, where permission is needed prior to a flight. The city of Fort Wayne, for instance, has rules concerning flights in specific areas.

Lately there have been questions concerning UAVs flying over private property. The airspace above a property belongs to the federal government, but obviously a low flying drone could be considered an invasion of privacy. Indiana prohibits use of drones for surveillance (law enforcement requires a warrant), harassment, and sex offenders are not allowed to use UAVs to follow, contact or capture images of people. UAVs passing over private areas frequently and without permission could be construed as direct and immediate interference of the use of one’s land.

The current law is gray concerning how low you can fly, but one thing is certain, if a drone flies over your property and you attempt to shoot it down, the FAA takes that very seriously. UAVs are classified as aircraft by the FAA (unmanned, but still aircraft) and under federal law, it is felony to “damage, destroy, disable, or wreck any aircraft” and the potential punishment is up to twenty years in a federal prison.

What should you do if you believe drones are harassing you? Contact your local law enforcement. Documentation is important. Record the times and dates when you see this happen. If you capture photos or video, it may help the officials to track down the UAV operator. There are also apps for phones, such as Drone Scanner, which may help determine the registration number of the drone, if is flying legally.

Do not be surprised if there are efforts to refine the rules of drone flying. UAVs are useful tools when used responsibly, but it’s clear some people do not understand that.