Ordinance Passed Last Year May Step On Federal Toes

The Nags Head, NC Board of Commissioners is revisiting the drone ordinance it passed in March of last year because it may have reached into territory reserved by the federal government.

The the ordinance was on the agenda for the town's September 5 meeting. The updated ordinance was on the "consent agenda" for the meeting, which means it would not be discussed in depth, unless it was pulled for separate consideration by a member of the commission.

According to the summary provided by the town staff to the Commissioners, the changes in the ordinance were as follows:

• Definitions modified to match FAA definitions; deleted those already defined under FAA rules
• Deleted the regulation requiring operation of small unmanned aircraft by government agencies as the town cannot regulate flights as they fall under FAA jurisdiction
• Clarified operation of small unmanned aircrafts (SUA’s) around the Outer Banks Hospital
• Only FAA can restrict airspace; therefore we removed language that prohibited operation between dusk and dawn and added language that operation must be in accordance with FAA/State laws
• Deleted language prohibiting use on the public beach because only the FAA can regulate airspace.
• Modified language regarding flying near public safety incidents from being prohibited - to not interfering with an incident
• Items covered by the FAA (such as SUA’s powered by rocket, missile, etc.) were deleted
• Deleted operating requirements for SUA’s as that information is covered by the FAA and the State and those requirements are referenced in the proposed ordinance
• Deleted reference that prohibited the use of any powered unmanned aircraft.

We are currently working to learn if the ordinance was passed as part of the consent agenda, or if it was pulled for more in-depth discussion.

(Image from file)

FMI: Staff summary