North Dakota Century Code Chapter 2-05, titled “Airport Zoning,” grants the State Aeronautics Commission the authority to adopt and enforce airport zoning regulations for any airport in the state. This authority is crucial for ensuring safety by controlling the height of structures and other objects in the vicinity of airports, thereby preventing obstructions to air navigation. Specifically, Section 2-05-04 empowers the commission to adopt airport zoning ordinances. These ordinances are designed to protect the navigable airspace and to promote the safety of aircraft operations. The regulations are not limited to state-owned airports but extend to any airport within North Dakota, regardless of its ownership or operation. The primary objective is to establish clear zones around airports where the height of any object is restricted to prevent hazards. This proactive approach to land use planning around airports is a fundamental aspect of aviation law, aiming to mitigate risks associated with low-flying aircraft and potential collisions with elevated obstacles. The commission’s role is to identify airport hazards and implement measures to eliminate or reduce them, ensuring that the airspace remains clear and safe for all aviation activities within North Dakota.

North Dakota Century Code Chapter 2-07, titled “Airport Zoning,” grants the State Aeronautics Commission the authority to adopt and enforce airport zoning regulations. These regulations are designed to protect the navigable airspace surrounding public-use airports from obstructions and to ensure the safety of aircraft operations. Specifically, Section 2-07-04 empowers the commission to consider factors such as the type of aircraft expected to use the airport, the nature of flying operations, and the future development plans of the airport when establishing zoning restrictions. The purpose is to prevent the creation or establishment of airport hazards, which are defined as any structure or tree that obstructs the airspace or is hazardous to aircraft. When a proposed construction project near an airport in North Dakota is reviewed, the commission’s decision hinges on whether the structure, by its height, location, or nature, would interfere with aircraft ascent or descent, or create a hazard for airborne aircraft. The commission’s powers are not limited to simply denying permits; they can also impose conditions on construction to mitigate potential hazards, such as requiring specific lighting or reducing the height of a structure. The underlying principle is the paramount importance of aviation safety and the orderly development of aviation facilities within the state.

North Dakota Century Code Chapter 2-06.1 outlines the state’s regulations concerning airport zoning and land use. Specifically, it addresses the establishment of airport hazard zones and the restrictions placed on construction and activities within these zones to ensure aviation safety. The primary objective is to prevent obstructions that could interfere with aircraft operations. When an airport proprietor, such as a municipality or county operating an airport, identifies a need to regulate land use around its airport to prevent hazards, it must follow a statutory process. This process typically involves the adoption of an airport zoning ordinance that defines the specific hazard zones and the permissible land uses and height restrictions within them. Such ordinances are critical for maintaining safe navigable airspace. The authority to create and enforce these zoning regulations stems from the state’s police power, delegated to local authorities for public safety. The North Dakota Aeronautics Commission also plays a role in overseeing aviation matters, but the direct implementation and enforcement of airport zoning ordinances are usually vested in the airport proprietor or the local governing body that has jurisdiction over the airport’s environs. Therefore, the initial step for an airport proprietor to establish such controls is through the formal adoption of a zoning ordinance that aligns with state statutes and federal guidelines, such as those from the FAA, which also provides guidance on airport hazard zoning.

North Dakota Century Code Chapter 2-04.1 outlines the requirements for aircraft registration and the establishment of an aviation fuel tax. Specifically, section 2-04.1-03 addresses the exemption from registration for aircraft based in another state that are temporarily in North Dakota for purposes such as repair, maintenance, or display. This exemption is crucial for fostering aviation commerce and recognizing the interstate nature of aviation operations. The law aims to balance the state’s need for revenue through fuel taxes with the practicalities of aircraft ownership and operation, ensuring that aircraft solely utilizing North Dakota’s airspace for transient purposes are not unduly burdened with local registration requirements. The exemption is typically contingent upon the aircraft being properly registered in its home state and not being operated within North Dakota for commercial purposes or for extended periods that would indicate primary basing. Understanding the nuances of this exemption is vital for aircraft owners and operators to ensure compliance with North Dakota’s aviation statutes and to avoid penalties.

North Dakota Century Code Chapter 2-07, specifically regarding airport zoning, outlines the authority and procedures for establishing airport hazard zones. When a municipality or political subdivision, such as a county in North Dakota, proposes to adopt or amend airport zoning regulations for an airport within its jurisdiction, it must consider the compatibility with existing land use and potential future development. The law mandates that such regulations must be reasonable and necessary for the safety and efficient operation of aircraft. Furthermore, the process typically involves public hearings and review by relevant aviation authorities, such as the North Dakota Aeronautics Commission, to ensure compliance with state and federal standards. The intent is to prevent the creation or proliferation of airport hazards, which are defined as any structure or object, or use of land, that obstructs the airspace required for the safe flight of aircraft to and from an airport, or that is hazardous to aircraft. The adoption of zoning regulations is a proactive measure to manage the impact of aviation on surrounding communities and vice versa.

The scenario describes a situation involving a pilot operating an aircraft under Part 91 of the Federal Aviation Regulations, specifically concerning the carriage of passengers for hire. North Dakota, like all states, adheres to federal aviation regulations. Under 14 CFR Part 91, pilots are generally prohibited from acting as pilot in command of an aircraft carrying passengers or property for compensation or hire. This prohibition is a fundamental aspect of general aviation operations and distinguishes them from commercial operations regulated under Parts 121, 135, or 137. There are exceptions to this rule, such as when a pilot receives a pro rata share of the operating expenses of a flight with passengers, provided the pilot does not hold out to the public as a carrier offering carriage to the public. However, the question implies a direct payment for carriage without specifying the details of expense sharing. Therefore, the pilot’s actions, as described, would likely be considered a violation of the regulations governing private pilot privileges and the prohibition against carrying passengers for hire without the appropriate commercial pilot certification and operating authority. The key distinction lies in the compensation received for the carriage, which, if not strictly within the pro rata share exception and without holding out, constitutes a violation. The North Dakota Aeronautics Commission enforces federal regulations within the state, and violations can lead to enforcement actions by the FAA.

The North Dakota Century Code, specifically Chapter 2-06.1, governs the establishment and operation of airports within the state. This chapter outlines the powers and duties of the North Dakota Aeronautics Commission, including its authority to acquire, construct, improve, and maintain airports. When a municipality, such as the city of Bismarck, wishes to acquire land for airport purposes, it must follow the procedures set forth in this chapter and related statutes. This typically involves identifying suitable land, securing necessary funding, and adhering to environmental and zoning regulations. The commission’s role is to provide guidance, technical assistance, and potentially financial support for such projects, ensuring they align with the state’s overall aviation development plan. The process of land acquisition for public use, including airports, often involves eminent domain if voluntary purchase agreements cannot be reached, but this is a last resort and requires due process. The core principle is the public benefit derived from enhanced aviation infrastructure.

The North Dakota Century Code, specifically Chapter 2-06.1, governs the registration and licensing of aircraft. Aircraft registration in North Dakota requires the applicant to provide proof of ownership, a completed application form, and payment of applicable fees. The registration is valid for a specified period, typically one year, and must be renewed. A crucial aspect of this registration process involves the assessment of property tax on aircraft. North Dakota levies an annual property tax on aircraft based on their assessed value. The tax rate is determined by the State Tax Commissioner and is applied to the aircraft’s fair market value. For a hypothetical aircraft valued at $500,000, and assuming a state property tax rate of 1% for aviation purposes, the annual property tax would be calculated as: \( \$500,000 \times 0.01 = \$5,000 \). This tax is an annual obligation that must be satisfied for the aircraft to maintain its valid registration and legal operational status within the state. Failure to pay this property tax can lead to penalties, including the suspension or revocation of registration. Understanding this tax obligation is fundamental for aircraft owners operating within North Dakota’s regulatory framework.

The North Dakota Century Code, specifically Chapter 2-05, addresses airport zoning and the regulation of airport approaches. Section 2-05-04 of this chapter grants airport authorities the power to adopt and enforce airport zoning regulations. These regulations are designed to protect navigable airspace and prevent obstructions within the vicinity of airports. The primary objective is to ensure the safe operation of aircraft by controlling land use and the height of structures in critical areas. When an airport authority adopts zoning ordinances, these regulations become legally binding on property owners within the designated zones. Property owners are obligated to comply with these ordinances, which may include restrictions on building heights, land use, and the creation of potential hazards to air navigation. Failure to comply can result in legal action to enforce the regulations. Therefore, understanding the scope of airport authority powers under North Dakota law is crucial for property owners and developers near airports. The authority to adopt and enforce zoning regulations is a key component of ensuring aviation safety and efficient airport operations within the state.

The scenario involves a pilot operating a drone for commercial purposes in North Dakota. North Dakota, like other states, aligns with federal regulations for drone operations under the FAA. Specifically, Part 107 of the Federal Aviation Regulations (14 CFR Part 107) governs the operation of small unmanned aircraft systems (sUAS) for commercial use. A key provision within Part 107 addresses operations over people. Generally, a drone operator must maintain visual line-of-sight (VLOS) with the drone, and operations over people are restricted unless specific conditions are met. These conditions include operating a drone that weighs less than 0.55 pounds (250 grams), or operating a heavier drone that is certified for operations over people and meets specific safety requirements outlined in the regulations, such as having a means to mitigate the effect of falling debris. Without such certification or meeting the weight exemption, flying over an unparticipating group of people without specific FAA waivers or authorizations is prohibited. Therefore, the pilot in this situation, operating a drone weighing 2 pounds over a public gathering in Bismarck without any FAA authorization or a drone certified for such operations, is in violation of 14 CFR Part 107.205 and 14 CFR Part 107.145. The North Dakota Department of Transportation, Aeronautics Commission, would enforce these federal regulations within the state.

The North Dakota Century Code, specifically Chapter 2-06.1, governs the registration of aircraft. Section 2-06.1-04 outlines the requirements for aircraft registration, including the filing of an application with the Aeronautics Commission. This application must include proof of ownership, a description of the aircraft, and the payment of a registration fee. The law mandates that all aircraft based in North Dakota must be registered annually. Failure to register an aircraft by the specified deadline, which is typically the anniversary of the initial registration or a date set by the commission, can result in penalties. These penalties are designed to ensure compliance with state aviation regulations and may include fines or other enforcement actions as detailed in the code. The purpose of this annual registration is to maintain an accurate inventory of aircraft operating within the state, aid in the enforcement of aviation laws, and contribute to the funding of aeronautics programs. The commission is empowered to establish rules and procedures for the efficient administration of this registration process, including the forms and information required from aircraft owners. The core principle is that aircraft operating within North Dakota’s airspace, unless specifically exempted, are subject to its registration requirements.

The North Dakota Century Code, specifically Chapter 2-05, outlines regulations concerning the licensing and operation of aircraft. This chapter addresses the requirement for aircraft operating within North Dakota to be registered and to possess a valid airworthiness certificate issued by the Federal Aviation Administration (FAA). While North Dakota may have specific registration or operational requirements, it does not independently issue aircraft airworthiness certifications. Such certifications are solely within the purview of the FAA, a federal agency. Therefore, an aircraft operating in North Dakota must comply with federal airworthiness standards. The question probes the understanding of the division of authority between state and federal governments in aviation regulation, specifically regarding airworthiness. Compliance with FAA airworthiness standards is a prerequisite for legal operation within any U.S. state, including North Dakota.

North Dakota Century Code Chapter 2-06.1, titled “Airport Authorities,” outlines the powers and responsibilities of entities established to develop and operate airports within the state. Specifically, Section 2-06.1-08 grants Airport Authorities the power to acquire, own, lease, and otherwise hold or operate any personal property. This includes the authority to purchase, lease, or otherwise acquire and hold any real property, or interest therein, within or without the state, for the purpose of developing and improving airports. The acquisition of land for airport purposes, even if not immediately developed, falls under this broad authority to facilitate future airport operations and expansions. Therefore, an Airport Authority in North Dakota can legally acquire land for future airport expansion, even if current development plans do not necessitate its immediate use. This proactive land acquisition is crucial for long-term airport planning and ensuring the capacity for growth and adaptation to evolving aviation needs within North Dakota.

North Dakota Century Code (NDCC) Chapter 2-06, concerning aeronautics, specifically addresses the regulation of aircraft operations within the state. While federal regulations, primarily from the FAA, govern most aspects of aviation safety and operation, state laws often supplement these by addressing unique state-level concerns. NDCC § 2-06-07 prohibits the operation of aircraft in a careless or reckless manner that endangers the life or property of another. This statute defines “careless or reckless” operation as conduct that demonstrates a willful or wanton disregard for the safety of persons or property. It is crucial for pilots operating within North Dakota to understand that this state-level prohibition is distinct from, and can be enforced in addition to, federal regulations like 14 CFR § 91.13. The intent behind such state statutes is to provide an additional layer of accountability for operations that, while perhaps not meeting the highest threshold for federal enforcement, still pose an unacceptable risk to the public within the state’s jurisdiction. Therefore, any operation that involves maneuvers or conditions clearly beyond those required for safe flight, or that shows a disregard for potential hazards, could fall under this prohibition.

North Dakota Century Code § 2-05-03 addresses the liability of an owner or operator of an aircraft for damages caused by the aircraft. Specifically, it states that the owner or operator of an aircraft is absolutely liable for any injury or damage to persons or property on the ground caused by the aircraft or by any person flying therein. This principle of absolute liability means that the owner or operator is responsible for damages regardless of fault or negligence. The statute does not require proof of negligence to establish liability. Therefore, if an aircraft crashes in North Dakota and causes damage to private property on the ground, the owner or operator of that aircraft is liable for the full extent of the damage, irrespective of whether the crash was due to pilot error, mechanical failure, or any other cause. This strict liability is a key aspect of aviation law designed to ensure that those who engage in aviation activities bear the costs associated with potential harm to the public.

The North Dakota Century Code, specifically Chapter 2-04.1, addresses aviation liability and aircraft registration. Section 2-04.1-03 establishes that the owner of an aircraft is absolutely liable for any damage caused by the operation of the aircraft, regardless of negligence. This means that if an aircraft, while being operated within North Dakota, causes damage to property or injury to persons, the owner is held responsible for that damage or injury irrespective of whether the pilot was at fault. This strict liability principle is a cornerstone of aviation law designed to ensure that victims of aviation incidents are compensated. The question asks about the legal standard for liability for damages caused by an aircraft in North Dakota. Based on the statute, the standard is absolute liability, meaning fault or negligence is not a prerequisite for the owner to be held responsible. Therefore, the owner is liable for damages caused by the operation of the aircraft.

The North Dakota Century Code, specifically Chapter 2-07, addresses the regulation of aircraft registration and the imposition of fees. While the specific registration fee amounts can fluctuate based on legislative updates and aircraft type, the underlying principle is that aircraft operating within North Dakota are subject to state registration requirements. These fees are generally structured to support aviation infrastructure, safety programs, and regulatory oversight within the state. The law mandates that all aircraft based in North Dakota must be registered annually. The registration process involves submitting an application, providing proof of ownership and airworthiness, and paying the applicable fees. Failure to comply can result in penalties, including fines and the prohibition of flight within the state. The fees are not directly tied to the number of flight hours logged by the aircraft but rather to its classification and potentially its weight or type. Therefore, understanding the statutory basis for aircraft registration fees in North Dakota, as outlined in the Century Code, is crucial for compliance.

The scenario describes an aircraft operating under Part 91 of the Federal Aviation Regulations (FARs) in North Dakota. The pilot is conducting a flight at an altitude of 3,500 feet above ground level (AGL). The question probes the understanding of airspace regulations, specifically concerning the minimum visibility and cloud clearance requirements for VFR flight in uncontrolled airspace. Uncontrolled airspace, typically Class G, has specific requirements that vary with altitude. For VFR flight above 1,200 feet AGL but below 10,000 feet MSL, the standard requirements in Class G airspace are 500 feet below, 1,000 feet above, and 2,000 feet horizontally from clouds, along with 1 statute mile of flight visibility. The aircraft is at 3,500 feet AGL, which falls within this altitude band. Therefore, the pilot must maintain the specified cloud clearances and visibility to remain in compliance with VFR flight rules in uncontrolled airspace. This understanding is fundamental for safe VFR operations and is a critical component of aviation law knowledge for pilots operating in North Dakota and across the United States.

The scenario describes an aircraft operating in North Dakota airspace without the necessary certification for the intended commercial operations. North Dakota Century Code (NDCC) Chapter 2-03, concerning Aeronautics, and specifically related provisions that may incorporate federal regulations by reference, govern the certification and operation of aircraft for commercial purposes. The core issue is the lack of a proper air carrier certificate or equivalent authorization from the North Dakota Aeronautics Commission or the FAA, as applicable, for conducting aerial photography services for hire. Operating an aircraft in North Dakota for compensation or hire without the requisite certification constitutes a violation of aviation laws. The State of North Dakota, through its Aeronautics Commission, has the authority to regulate aviation activities within its borders to ensure safety and compliance with both state and federal standards. Therefore, the pilot and the entity employing them are subject to penalties and potential operational restrictions for engaging in commercial activity without the proper legal framework in place. The focus is on the regulatory requirement for commercial operations, not on the specific type of photography or the location within the state, as long as the operation falls under North Dakota’s jurisdiction. The question tests the understanding of the fundamental requirement for any commercial aviation activity to be properly certificated.

North Dakota Century Code Chapter 2-06.1 outlines the regulations concerning airport zoning. Specifically, Section 2-06.1-05 addresses the powers and duties of airport authorities regarding zoning. This section grants airport authorities the power to adopt, administer, and enforce airport zoning regulations for the protection of airport approaches. These regulations are designed to prevent the creation or establishment of airport hazards. An airport hazard is defined as any structure or tree that obstructs the airspace required for the safe flight of aircraft to and from an airport or is otherwise hazardous to such flight. When an airport authority adopts zoning regulations, it must consider the character of the surrounding territory and its suitability for airport purposes. Furthermore, the law mandates that zoning regulations must be reasonable and designed to promote the public interest, including safety and efficiency of air navigation. The process typically involves public hearings and consideration of existing land use.

The North Dakota Century Code, specifically Chapter 2-06, outlines regulations concerning airport zoning and land use compatibility. Section 2-06-07 addresses the powers and duties of the State Aviation Department in establishing airport zoning regulations. This includes the authority to conduct studies and surveys concerning the area surrounding airports to determine obstructions and potential hazards to air navigation. The department is also empowered to hold public hearings and adopt regulations, including those pertaining to height restrictions for structures and land use controls to ensure safety and efficiency of air operations. Therefore, the department’s role is proactive in identifying and mitigating potential conflicts between airport operations and surrounding land use, aligning with the objective of promoting safe and orderly airport development.

The scenario describes an aircraft operating in North Dakota airspace without proper authorization for its intended flight profile, specifically concerning operations within a designated Class D airspace. North Dakota, like other states, adheres to Federal Aviation Administration (FAA) regulations for airspace management. Class D airspace is typically characterized by an airport with an operational control tower. Aircraft operating within Class D airspace are required to establish two-way radio communication with the air traffic control (ATC) tower prior to entering the airspace and maintain that communication throughout their transit. This communication is essential for maintaining situational awareness, receiving traffic advisories, and ensuring safe separation from other aircraft. Failure to establish this communication, as indicated by the pilot’s inability to contact the tower, constitutes a violation of 14 CFR Part 91.129, which governs operations in Class D airspace. The pilot’s subsequent decision to proceed into the airspace without establishing communication and without receiving explicit clearance from ATC is a direct contravention of these regulations. The core principle being tested is the mandatory requirement for two-way radio communication with the controlling ATC facility before and during operations within Class D airspace. This is a fundamental safety requirement designed to prevent mid-air collisions and ensure orderly traffic flow around airports with towers. The explanation focuses on the regulatory framework governing Class D operations and the critical role of established radio communication for safety and compliance.

The North Dakota Century Code, specifically Chapter 2-06, governs airport zoning and development. Section 2-06-04 establishes the authority of the State Aeronautics Commission to adopt and amend airport zoning regulations for publicly owned airports. These regulations are crucial for ensuring that the area surrounding airports is free from obstructions that could interfere with aircraft operations. When a proposed construction project, such as the one by agricultural producer Elara Vance, potentially encroaches upon the navigable airspace designated by airport zoning regulations, the State Aeronautics Commission has the authority to issue orders to prevent or eliminate such hazards. This authority is not limited to new construction but also extends to existing structures that become non-conforming due to changes in zoning or airport operational requirements. The commission’s power to issue orders for removal or alteration is a key enforcement mechanism to maintain safety. The commission must follow due process, which typically involves providing notice and an opportunity for a hearing to the affected party before issuing a final order. The intent is to balance the rights of property owners with the paramount need for aviation safety within the state of North Dakota.

The scenario involves an aircraft operating within North Dakota airspace. The question pertains to the applicability of specific state aviation regulations concerning noise abatement procedures. North Dakota Century Code Chapter 6-04, specifically section 6-04-05, addresses the powers and duties of the Aeronautics Commission. While federal regulations under the FAA govern many aspects of aviation safety and operations, state laws can impose additional requirements, particularly concerning activities that may impact state residents, such as noise pollution. North Dakota law empowers the Aeronautics Commission to adopt rules and regulations necessary for the promotion and safety of aviation within the state. This includes the authority to establish noise abatement procedures, especially around populated areas or sensitive environments within North Dakota. Therefore, any aircraft operating in North Dakota airspace, regardless of its point of origin or destination, must comply with any duly promulgated noise abatement procedures established by the North Dakota Aeronautics Commission that are applicable to the specific airport or airspace in question. The absence of specific federal noise abatement mandates for a particular airport does not preempt the state’s ability to implement its own reasonable regulations in this area, provided they do not conflict with federal authority. The key principle is that state aviation law applies to operations within the state’s jurisdiction, and noise abatement is a recognized area for state-level regulation to protect public welfare.

North Dakota Century Code (NDCC) Chapter 2-03.1, specifically Section 2-03.1-04, addresses the registration of aircraft. This statute mandates that any aircraft based in North Dakota for more than 90 consecutive days, or that is operated within the state in a manner that indicates it is based there, must be registered with the North Dakota Aeronautics Commission. The purpose of this registration is to ensure proper identification, taxation, and oversight of aviation activities within the state. Failure to register an aircraft that meets these criteria can result in penalties. The 90-day period serves as a threshold for establishing a strong connection to the state for registration purposes, differentiating transient aircraft from those with a more permanent presence. Understanding this statutory requirement is crucial for aircraft owners and operators who conduct operations within North Dakota to maintain compliance with state aviation laws. The law is designed to provide the state with a clear understanding of the aviation assets located within its borders.

The North Dakota Century Code, specifically Chapter 2-06.1, addresses airport zoning and the regulation of airport hazards. Section 2-06.1-04 grants airport authorities the power to adopt and enforce airport zoning regulations. These regulations are designed to protect navigable airspace and prevent obstructions that could endanger aircraft operations. When an airport authority identifies an area as a potential airport hazard zone, it has the authority to enact regulations that restrict the height of structures within that zone. This is to ensure that the approach and departure paths to the airport remain clear. The question describes a situation where a new construction project in North Dakota is proposed within a designated airport hazard zone, and the project’s height exceeds the permissible limits established by the local airport authority’s zoning ordinances. In such a scenario, the airport authority has the legal standing to enforce its zoning regulations. This enforcement typically involves requiring the developer to modify the construction plans to comply with the height restrictions, or in some cases, denying the permit altogether if compliance is not feasible. The core principle is the protection of public safety and the efficiency of air traffic operations, which supersedes private development interests when they pose a direct hazard. The airport authority’s power stems from its mandate to regulate land use around airports to mitigate safety risks.

North Dakota Century Code Chapter 2-05, concerning Airport Zoning, grants political subdivisions the authority to adopt and enforce airport zoning ordinances. These ordinances are designed to protect the approaches to airports by regulating land use and the height of structures within designated airport hazard zones. When a political subdivision adopts such an ordinance, it must consider the safety and operational integrity of the airport. The establishment of airport zoning boards or the delegation of zoning authority to existing planning commissions is a common mechanism for administering these regulations. The primary objective is to prevent the creation or proliferation of airport hazards, which are defined as any structure or tree that obstructs the airspace required for the safe flight of aircraft. Furthermore, the law emphasizes the importance of coordination between airport sponsors and surrounding political subdivisions to ensure comprehensive and effective zoning. This proactive approach helps to maintain safe navigable airspace, thereby supporting the continued operation and expansion of aviation facilities within the state. The legal framework empowers these subdivisions to impose restrictions on land use and building heights, ensuring that development around airports does not compromise aviation safety standards.

The scenario involves an aircraft operating in North Dakota airspace. The pilot is required to maintain a minimum altitude for safe flight, particularly when flying over populated areas or in controlled airspace. North Dakota, like other states, adheres to Federal Aviation Regulations (FARs) for airspace management and operational safety. Specifically, FAR Part 91 outlines general operating and flight rules. When operating an aircraft in a sparsely populated area, the minimum safe altitude requirement is generally 500 feet above the surface, unless otherwise specified by air traffic control or local regulations. This altitude ensures sufficient clearance from terrain, obstacles, and other aircraft. The question tests the understanding of these minimum safe altitude rules as applied in a specific state context, emphasizing that state laws often supplement federal regulations but do not supersede them regarding fundamental safety standards for aircraft operation. Therefore, the pilot must adhere to the 500-foot minimum unless a lower altitude is explicitly permitted by federal or state regulations for a specific operation or location within North Dakota.

The scenario describes a drone operator in North Dakota who has been granted a Certificate of Waiver or Authorization (COA) from the FAA to conduct operations beyond visual line of sight (BVLOS) under specific conditions. The question pertains to the operator’s responsibility for adhering to state-level regulations in addition to federal ones. North Dakota, like other states, may have its own laws governing aviation activities, including drone operations, that supplement or, in some cases, differ from federal regulations, provided they do not conflict with federal authority. The North Dakota Century Code, specifically Title 2, Chapter 2-07, addresses aviation and airport authorities. While federal law, particularly 49 U.S. Code § 44101 et seq. and associated FAA regulations (like 14 CFR Part 107 for small UAS), establishes the primary framework for airspace management and aircraft operations, state laws can regulate aspects such as land use, privacy, and specific operational areas within the state, as long as they are not preempted by federal law. A COA allows operations that deviate from standard regulations, but it does not exempt the operator from all other applicable laws, including state statutes. Therefore, the operator must ensure their operations comply with any relevant North Dakota statutes concerning drone usage, environmental impact, or property rights, even when operating under a federal waiver. The key principle is that federal aviation law generally preempts state law in areas of airspace regulation and safety, but states retain authority over other aspects of drone operations that do not interfere with federal oversight. In this case, understanding the interplay between federal COA requirements and potential state-specific mandates is crucial for lawful operation.

North Dakota Century Code Chapter 2-06.1, specifically pertaining to Airport Zoning and Land Use, outlines the regulatory framework for airport protection. This chapter grants airport authorities the power to adopt and enforce airport zoning regulations. These regulations are designed to prevent the establishment or continuation of land uses that are incompatible with airport operations or that could create hazards to air navigation. Specifically, Section 2-06.1-04 empowers airport authorities to adopt airport hazard zoning regulations. These regulations are crucial for maintaining safe navigable airspace and protecting airport investments. The purpose is to ensure that surrounding land is used in a manner that does not obstruct or endanger aircraft operations. This includes regulating the height, location, and use of structures, as well as prohibiting activities that could interfere with aircraft. The authority to adopt these regulations is vested in the airport authority, which acts as the governing body responsible for the airport’s development and operation.