The Basics of Using Drones in Kansas
In recent years, the state of Kansas has witnessed a significant surge in the usage of drones, both by private individuals and commercial enterprises. According to the Federal Aviation Administration (FAA), there are more than 12,000 registered drones in Kansas for creative photographic and recording purposes. With their increased accessibility, drones have become a popular tool for both recreational and professional use. Drones are often used for a variety of purposes including filming and photography, surveying and mapping services, inspections of all types, including bridges, towers, buildings, environmental studies, and videography for news organizations and sporting events . As drone technology continues to improve at a rapid pace, the volume of uses continue to expand, as does the state of the law.
In addition, the rise of drone-based delivery services—by both private companies and government entities—is another reason for the increased use of drones. One of the most widely-discussed drone delivery programs being tested is that of Amazon, which seeks to speed up package delivery with the use of drone technology. Other companies, including grocery stores, are using drone delivery services to transport food and other consumer goods. In light of these forms of usage, drone laws will continue to expand in order to accommodate the State’s growing dependence on drone technology.
Federal Laws for Drones
While Kansas has its own set of drone regulations, federal law supersedes state law, and drone operators must follow the federal guidelines put forth by the FAA. Under federal law, all drone operators must adhere to the Small UAS Rule, which establishes regulations for the operation of small drones (drones weighing less than 55 lbs) in the National Airspace System (NAS), which includes all the airspace over the land of the United States including territories, as well as some offshore cases. The Small UAS Rule allows operators to perform commercial drone operations provided that the operator follows 12 key restrictions: In addition to these 12 restrictions, operators must also be in possession of a Remote Pilot Certificate, which is a fancy term for meaning that an operator who wants to fly a drone commercially must pass the FAA’s Unmanned Aircraft General – Small (UAG) Knowledge Test. The knowledge test is administered at an FAA approved Knowledge Testing Center and requires the operator to demonstrate an understanding of the regulations, operating limitations, weather, Federal Aviation Administration (FAA) airspace, and drone maintenance, inspection, and repair.
Kansas Drone Statutes
While much of the regulation for drone operation comes from federal regulations, states are starting to enact laws that govern the operation of unmanned aircraft and the use of drones. The state of Kansas has passed a number of laws that impose restrictions on the operation of drones based on privacy concerns. For example, no person may use a drone between the hours of 8:00 a.m. and 10:00 p.m. over private property without permission from the property owner. Those hours also apply to the use of drones by law enforcement agencies, which may use a drone at night to take images only with a warrant. Additionally, no person may use a drone to record images of private real property that is occupied. In this context, occupied means using a drone more than 400 feet above the property so that the drone can view images. Commercial entities that violate these laws are subject to criminal penalties. Kansas has also enacted a law that prohibits the use of drones to hunt. Hunting with the use of drones is defined as "using a drone to assist in the taking of a wild animal." Taking means attempting or actually taking any species of wild animal. The Kansas Wildlife and Parks Commission is authorized to adopt rules and regulations that outline exceptions to the prohibition, such as for permitted research. Violations of the statute are punished as a Class A misdemeanor.
Kansas Local Drone Laws
While federal laws, set by the FAA, apply across the board, state and local governments have the choice to establish their own regulations regarding drone usage. The following is an overview of current regulations in some of Kansas’ major cities.
Kansas City
Kansas City’s laws include restrictions when it comes to flight areas and altitude. Under Kansas City municipal code 50-106.1, it is unlawful to operate a drone anywhere in Kansas City—maritime, air or land—within 150 feet of any state-owned or leased building; on any state-owned or leased property with improvements or developed with structures; within a park or recreation area; or on any privately owned property without permission from the property owner. In general, the ordinance states that no one may operate a drone within the city "in a careless or reckless manner." The law also prohibits pilots from flying over open-air assembly events for recreational or commercial purposes. The Kansas City municipal code prohibits users from operating a drone for commercial purposes within 2,000 feet of an area where fireworks are being discharged or near or above any building containing a school, daycare or daycare pool complex.
Wichita
The city of Wichita has not altered its zoning code to add specific references to drones, but two sections of the code touch upon them. Section 2.12.3821 of the municipal code prohibits drone owners and pilots from flying in a manner that creates a hazard to the public, and also states the person responsible for the drone is liable for any damages caused by an accident of any kind. Also, zoning provisions in section 2.12.3807 ban the use of drones in public parks without permission from the city manager.
Topeka
Under Topeka’s municipal code section 3.35.020, drone pilots and operators are not restricted from using their unmanned craft for commercial uses, but they are not permitted to fly a drone within 500 feet of a road or 500 feet of a highway or highway bridge. It is also prohibited to operate a drone in areas with a high concentration of people.
Drone Surveillance and Trespassing
As technology marches on, a common theme in the law seems to be the intersection between personal privacy and technological advancement. For example, just as the cell phone ushered in an era where eavesdropping became a thing of the past (or perhaps a mere nuisance), drones are ushering in an era where drones can observe people in ways that have not been done before. It has always been a nuisance for your neighbor to peer into your backyard, but now technologically sophisticated drones can do so from great heights, for a long duration, and without your notice. In 2016 Oklahoma passed a drone privacy law making it illegal to "intentionally record a person or private property by what is known as a drone into the backyard of a single family household" with certain exceptions. Okla. Stat. tit. 13, § 176.4. The class A misdemeanor that follows this law includes up to one year of imprisonment and/or one year of parole. The law also allows for four civil remedies including injunctive relief, damages, and the preclusion of the remote acquisition of the recordings.
While Kansas does not have a law criminalizing the use of drones to obtain information about people or personal property, there are other alternatives in the existing statutes. First, the Kansas constitution recognizes a right to privacy. Kan. Const. Art. 1, § 1. The federal constitution, similarly, recognizes a right to "be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. Amendment IV. Trespass law provides an action against those who intrude onto another’s property, intentionally or unintentionally.
Another potential course of action, if someone were to record you in a private place, might be an invasion of privacy claim . Kansas courts recognize three types of invasion of privacy: intrusion on seclusion, public disclosure of private facts, and appropriation of name or likeness. See Frey v. Estate of McIntosh, 248 Kan 535, 809 P.2d 1192 (Kan. 1991); Guillory v. Grove Manuf. Inc., 2014 WL 173905, 2014 U.S. Dist. LEXIS 3368 (Kan. 2014). With regard to the first, the defendant must have "intruded upon the plaintiff’s seclusion (or solitude or private affairs or concerns)" which is highly intrusive and would be offensive to a reasonable person. Id. at 1197. The second involves the disclosure of a matter that is true but not of legitimate public concern, and which is offensive to a reasonable person. Id. at 1198. And the third involves the unauthorized use of the name or likeness to the injury of the individual whose name or likeness has been used. Id. at 1199.
With regard to public disclosure of facts, the question is whether something is a "legitimate public concern." The Kansas Supreme Court has held that "legitimate public concern is a broad concept which needs qualified rather than absolute definition." Id. at 1199. The rule of thumb is that "information that is truly private [is] outside the privilege of invasion of privacy claims," however "information about the executive offices of a corporation, about a high-ranking officer of a nonprofit organization, and about places of private employment and the activities carried on within those places is not truly private." Id.
Kansas privacy law is very similar to the rest of the nation. Those seeking to push the legal envelope may turn to the legislatures to enact new laws. There will undoubtedly be many more developments on these issues.
Fees, Licensing, and Fines
If you want to fly a drone as a hobbyist, you do not need a license, just make sure that you abide by all the rules laid out in Section 336, and that you do not interfere with other aircraft or invade people’s privacy. If you want to fly commercially, however, you will need to apply for an FAA certification of some kind. It is important to note that the FAA does not recognize as legal any drone use that would be illegal without the drone, so it is not going to let you fly even for commercial purposes if you plan to use the drone to conduct an already illegal activity such as surveillance. The FAA has issued rules that are generally lax, but more restrictive rules for larger drones flying in populated areas.
Violations can range from fines up to $27,500 to criminal charges ranging from six months in jail for a misdemeanor to three years in prison for a felony. Supervisors of employees who violate drone laws can also be held liable.
Drone Use: Commercial Considerations in Kansas
Kansas is open for commercial drone use, and opportunities abound for those willing to invest time and resources into achieving FAA licensing and complying with state and local laws.
The agriculture, construction, insurance, and surveying industries have been early adopters of drone technology in Kansas. A quick internet search will identify a number of operators available for hire in each of these industries.
The Kansas Farm Bureau held its first "Drone School" in June 2016. The group stated, "[d]rones were once an expensive niche item for tech enthusiasts. . . . Now, drones are changing the way farmers work." Indeed, they are.
"In agriculture, we’re able to do a number of things. We can scout crops. We can map fields pre-planting for soil identification, post-planting for the health of the crop during the growing season, and after the crop is harvested," said Bill Puett of Puett Aerial Services.
But opportunities in the survey and construction industries are no less exciting. Big games likes Astronautics, a Chicago-based manufacturer of cockpit electronics, is marketing its image processing technology to the construction industry.
Using Astronautics’ technology, contractors can better track construction progress through cloud-supported automated drones. The company claims its system reduces the cost of surveying sites by as much as 30% while improving accuracy.
And in the insurance industry, both USAA and State Farm have tested drone use for roof inspections after severe weather. Regulation by insurance companies of drone inspections has not yet developed in Kansas.
Insurers in Kansas already have obligations under the Kansas Unmanned Aircraft Systems Act. Aircraft used for video or audio recorders of certain events must provide notice to the property owner of the intent to record, and must retain the recorded data for six months prior to destruction. The Act exempts drone operators from complying with the notice and retention requirements if the video or audio recording is a single event lasting less than 30 minutes.
In Kansas and elsewhere, the FAA has not yet developed regulations on commercial drone use. But there are opportunities available now for those willing to get FAA licensed and comply with state and local laws.
Essential Resources for Kansas Drone Pilots
There are many resources available to drone operators in Kansas. The Federal Aviation Administration (FAA) offers a range of training programs and specifies what kind of drone equipment they allow, depending on how the drone will be used. Organizations such as the Academy of Model Aeronautics (AMA) and the Kansas Association of Realtors also promote safe and responsible model aircraft and drone use. For those looking for instruction , several Kansas schools offer collegiate-level aviation education. More resources include:
Federal Aviation Administration (FAA)
Academy of Model Aeronautics (AMA)
USAirNet, LLC
Kansas Association of Realtors (KAR)
Kansas State University Polytechnic Campus
University of Kansas School of Engineering
University of Kansas Edwards Campus
Kansas City Kansas Community College Aviation Technology
University of Missouri – Kansas City School of Law
Benedictine College
Park University