Air space

[Fireman03]

I haven't done any research into the topic, but with all of the issues on corner crossing and landowners saying it encroaches on their air space I was curious. Is there an actual airspace above private ground? I hunt elk in Mt bordering a large ranch that is very wealthy and they are always flying their helicopter just over tree line on forest service land. Just thought I'd ask the rokclopedia

 

[z987k]

There is a public easement in all airspace.

 

[Rich M]

I do aerial surveys from time to time and it usually involves a helicopter and a camera. We can fly at any height as long as it is below like 1,000 feet. Planes are restricted to 1250 feet if I remember right.

Last flight, we were around 300 feet.

 

[S.Clancy]

Anything above 400' is controlled airspace, aka you 'should' notify ATC. Anything below 400' is uncontrolled, except around certain areas (airports generally) and does not need ATC.

As far as private property goes, we own "up to the heavens". This means that we can build within our airspace (big ol towers, whatever) as long as it is only above our deeded ground.. However, to my knowledge there is no doctrine or law that specifies people cannot cross through air space only. In fact there is a "fly-over" law, mentioned above, that opens airspace for human travel, in airplanes, through it. So what does that mean....those lawyers in WY are trying to find out.

 

[z987k]

I do aerial surveys from time to time and it usually involves a helicopter and a camera. We can fly at any height as long as it is below like 1,000 feet. Planes are restricted to 1250 feet if I remember right.

Last flight, we were around 300 feet.

Planes are not restricted to any low altitude over rural areas, except that they need to be 500' above any person, vessel, vehicle or structure.

Anything above 400' is controlled airspace, aka you 'should' notify ATC. Anything below 400' is uncontrolled, except around certain areas (airports generally) and does not need ATC.

As far as private property goes, we own "up to the heavens". This means that we can build within our airspace (big ol towers, whatever) as long as it is only above our deeded ground.. However, to my knowledge there is no doctrine or law that specifies people cannot cross through air space only. In fact there is a "fly-over" law, mentioned above, that opens airspace for human travel, in airplanes, through it. So what does that mean....those lawyers in WY are trying to find out.

Controlled airspace varries greatly depending on the area, but if you threw a dart in the map of Montana and were not within 5 nautical miles of an airport, for the most part it starts at 1,200ft agl. In some areas it starts at 14,500. Around airports with no tower that have instrument approaches, typically it'll start at either 700ft or the ground. Below that is uncontrolled, but controlled and uncontrolled has nothing at all to do with talking to ATC. You can take off from Lewistown, MT (an airport in controlled airspace with no tower) and fly to Florida at 9,000ft without talking to a soul(or filing a flight plan or a single person even knowing you're doing it) if you route it correctly and the weather cooperated for that type of flight.

The relevant case law for the question the OP asked is US v. Causby and Branning v. US.

 

[ShootOkHuntWorse]

Planes are not restricted to any low altitude over rural areas, except that they need to be 500' above any person, vessel, vehicle or structure.



Controlled airspace varries greatly depending on the area, but if you threw a dart in the map of Montana and were not within 5 nautical miles of an airport, for the most part it starts at 1,200ft agl. In some areas it starts at 14,500. Around airports with no tower that have instrument approaches, typically it'll start at either 700ft or the ground. Below that is uncontrolled, but controlled and uncontrolled has nothing at all to do with talking to ATC. You can take off from Lewistown, MT (an airport in controlled airspace with no tower) and fly to Florida at 9,000ft without talking to a soul(or filing a flight plan or a single person even knowing you're doing it) if you route it correctly and the weather cooperated for that type of flight.

The relevant case law for the question the OP asked is US v. Causby and Branning v. US.

Someone did their ATOMATOFLAMES at one point.