The Latest On Drones

May 30, 2018/3 Comments/in FAA - Drones, The Voices of Land

New Drone News

Drones have been around a while now. We are long past the days when legal battles were being fought over whether a drone could be used for commercial real estate purposes. We now have a system put in place by the Federal Aviation Administration (FAA) that allows for reasonable licensing and operation of drones that seems to be working well. The rules have seen a couple of tweaks since they were first published. And there are numerous cities and municipalities that have enacted more specific and restrictive laws to better manage drone operation and use.

All of that is old news. However, there is no shortage of new… news. Drones continue to be used in more creative and innovative ways. Many start-up companies are conceived with new ideas on how to employ drones more effectively to solve real-world problems, save time or money, and complete ever day tasks more safely and efficiently.

Unless you’re combing the internet daily for the latest on drone development and employment you might not have seen some of the recent stories. I’d like to save you a bit of time and give you a few recent articles for your enjoyment and professional development:

Drones: A Life Saving Technology

Whether in search and rescue, first-responder services, or delivery of critical medical supplies, drones are saving lives. A recent report published by DJI asserts that drones saved 65 lives last year alone.

Drones Spark Software Startup

Drones are sometimes a bother to people on the ground who are not familiar with their operation and impeccable safety record. Researchers at the University of Nebraska-Lincoln and developing software to help ease the bystanders’ discomfort of drones.

Drone Divisions = Innovation

Start-ups aren’t the only companies in the drone game. Well-established companies are exploring new technologies and ways to integrate them. Ford has even established a drone division and is investigating, among other things, lighting technology for drone identification.

Drone Defense Systems Popping Up

Amid concern for bad actors with drones, some are developing anti-drone systems. In Tampa, FL a company called Sierra Nevada is developing a mobile drone defense platform for a U.S. Department of Defense customer.

Drones Save Puppies, Too!

Finally, who doesn’t like a feel-good story about a drone saving a puppy?

The drone story is no longer about when and how we can use them. These days, the story is more like “what will they think of next?” And that question continues to be answered with more and more interesting and creative solutions. I tend to view the current drone world like the early days of the Internet or the introduction of the smartphone. I don’t think we’ve really even scratched the surface of the total drone capability universe. When it comes to drone technology, development, and news, it’s not so much keeping up as it is hanging on for dear life.

This post is part of the 2018 Future Leaders Committee content generation initiative. The initiative is directed at further establishing RLI as “The Voice of Land” in the land real estate industry for land professionals and landowners. For more posts like this, click here.

About the author: Caleb McDow, ALC, is a land specialist and vice president for Crosby & Associates in Winter Haven, FL. He holds a Master of Science in Real Estate (MSRE), the CCIM Designation, and is a licensed private pilot and drone operator. McDow joined RLI in 2014 as a Military Transition Program (MTP) member. He is an active member of RLI, serving on the 2017-2018 RLI Board of Directors and as Chair of the 2018 Future Leaders Committee. He also regularly shares his expertise on real estate issues for various industry blogs.

RLI Lands Five Legislative Victories in 2017: Inside The Beltway

January 25, 2018/in 1031s, DC Update, FAA - Drones, WOTUS

As the New Year begins, I wanted to use this edition of “Inside the Beltway” to share some successes that RLI had in 2017.

Of, course these victories would not have been possible without the hard work and active engagement of RLI Members with their members of Congress through phone calls, emails, or in-district meetings. These activities make a difference and these five victories are a testament to their civic participation and perseverance.

Greater Awareness on the Value of 1031

As the battle for tax reform and the possible reform or elimination of 1031s heated up in 2017, RLI members became the trusted source of information for Members of Congress and their staff for data on how 1031s add value to the economy. Turnover in Congress among Members and staff is constant and RLI members did an outstanding job communicating with Congressional offices about how 1031s add value to real estate in their district. While 1031s for real estate are safe as I write this column in November, 2017, it is critical that RLI members continue to reach out to Members of Congress and staff to make sure their voices are heard and 1031s are preserved.

The WOTUS Rule is Rolled Back

The Obama Administration finalized the Clean Water Rule (AKA the Waters of the U.S. Rule) in 2015. Although the WOTUS rule was never implemented, due to a judicial stay, the damage of this rule would have been far-reaching. This vastly overreaching rule would have hindered economic development in rural and urban areas, tied up farmers, ranchers, and others who work the land in rolls and rolls of red tape and bureaucracy, and would have done unfathomable harm to property rights across the country. RLI and a broad coalition of regulated stakeholders were instrumental in raising alarms about the damage this rule could do to the country’s economy. As a result, one of the first Executive Orders President Trump signed began the process for withdrawing this rule and developing a common-sense and workable definition of “Waters of the U.S.”, one that will provide the clarity needed to encourage economic development and protect our critical water resources.

Drones Take to the Sky

The first call I ever received about using drones for real estate was in 2010 from Florida RLI Member Dean Saunders, ALC, who asked me the seemingly innocent question: “Can I use a drone to take pictures of some land I am selling?” At that time, after doing a little digging on the FAA website, I determined the answer was, unfortunately for Dean, “No.” The drone landscape has changed dramatically since then. Because of consumer desire and market need for innovative technology, RLI Members pushed the FAA to allow the use of drones for commercial purposes. FAA regulations, which were finalized in late 2016, were then implemented and enforced in 2017, unleashing a torrent of market creativity. Now, drones are a regular part of the American “airscape” partly because of RLI Members insistence that this technology can be used safely and can be an important part of selling land, thereby adding value to the real estate economy.

Reforms of the ESA Continue

There was good news on Sage Grouse as well as broader reform of the Endangered Species Act (ESA). While the Obama Administration decided to not list the Sage Grouse as endangered, they did withdraw 10 million acres of public land from being used for any economic activity such as mining or timbering, claiming this land was critical habitat for the Sage Grouse. In July, President Trump reversed this withdrawal through executive order.

On the broader issue of ESA reform, Congress has — for the first time in several years — moved forward with several bills that would enhance transparency, accountability of the ESA and improve the cost/benefit analysis during the listing process. More “rifle shot” legislative reforms are on the way.

The Deregulatory Steamroller Continues

According to the Chamber of Commerce, President Trump has issued 29 executive actions to reduce regulatory requirements. In response, executive-branch agencies have issued 100 additional directives that either knock down regulations or begin a process to eliminate or shrink them.

The chamber’s count also lists almost 50 pieces of legislation that have been introduced or begun moving through Congress. And that count doesn’t include perhaps the most aggressive step the Republican Congress has taken: It has pioneered the use of a little-known 1996 law, the Congressional Review Act, which allows lawmakers to repeal executive-branch regulations within 60 days after they are finalized. Using that law, Congress has passed, and Mr. Trump has signed, legislation overturning 14 regulations promulgated by President Obama’s administration in its final days.

While unwinding regulations takes time, these are very consequential actions with huge benefits for the private sector and private development, and I expect these actions to continue.

This article originally appeared in the 2018 Winter Terra Firma Magazine, the official publication of the REALTORS® Land Institute.

About the author: In his position with the National Association of REALTORS®, Russell Riggs serves as the RLI’s Government Affairs Liaison in Washington, D.C., conducting advocacy on a variety of federal issues related to land.

drone with camera for real estate commercial use

Drones for Commercial Use: Taking Real Estate Businesses to New Heights

January 12, 2017/1 Comment/in FAA - Drones, The Voices of Land

As I was browsing the internet today, I came upon a humorous article entitled Santa Delivered the Drone. But not the safety and skill to fly it. The article contained a number of “drone laments”, speaking of the excitement of getting a new drone for Christmas followed by the agony of crashing it on the first day or even the first flight. One Tweet read: “A holiday story: Give nephew drone. Nephew flies drone for like five seconds. Drone falls, breaks. Christmas ruined. Drones are stupid. The end.” This one gave me a good laugh.

It’s true that drones have become a very hot item in recent years. And as the technology has become more widespread and less expensive, drone sales have gone through the roof. The majority of the drones sold cost less than $200 and are best classified as toys. And most people who fly them lack a good understanding of flight principles, wind, and spatial awareness. Thus, the yuletide drone woes come as no surprise.

“The use of drones across all sectors has exploded in the past three years. The FAA estimates that over 600,000 drones will be flying commercially in the US in 2017.”

In real estate and many other businesses, drones for commercial use are definitely not toys. They are valuable and, I might add, critical tools for marketing and selling property. I have personally been using drones for over two years – thanks to my FAA Section 333 exemption. I can personally attest to their value in my business, BUT here’s the latest: my exemption doesn’t exist anymore. In fact, ZERO Section 333 exemptions exist. That’s because in August of 2016, the FAA enacted a new rule enabling people to become licensed specifically as drone operators. Previously, the only way to legally fly a drone for commercial purposes was to hold a pilots license and go through a lengthy approval process to get an exemption. Now, after taking online education and passing a written exam, individuals become licensed as drone operators and can fly completely legally, subject to certain regulations.

Due to this new rule, I have been encouraging every land broker I know to become licensed and start flying. You can buy a drone for less than $1,000 that has all the capabilities needed, and you don’t have to be a Navy fighter pilot to safely and efficiently fly your drone for maximum effectiveness. A little practice goes a long way and the more you fly, the more comfortable you will become. I often tell people that I could teach a ten year old to fly my drone in under thirty minutes – and I mean it. With the right equipment, the drone basically flies itself. This small investment of money and time has the potential to have huge impacts on your business.

An overhead view provided by a drone shows how a property fits together, how it is accessed, and the surrounding land and uses. On a large property, you can showcase more about a property in a sixty-second video than an entire morning of driving. Additionally, in the same way that digital photography and online mapping are considered standard today, drone video and photography are becoming just as commonplace. As land professionals, it is important to keep in step with emerging trends to bring the best service and value to our clients.

At the 2017 National Land Conference, I will be leading a breakout session on the use of drones in land real estate. We will briefly discuss how to become licensed as a drone operator but will focus primarily on how to best use this tool to increase value for your clients and increase business for yourself. If you have no experience or interest in drones, I invite you to attend and see if I can change your mind. If you have been flying drones for years as I have, I invite you to come and share your stories, as well as what works for you and what doesn’t. The format will be very interactive and I think everyone will come away having learned something new – including myself!

I hope to see you at the 2017 National Land Conference in Charlotte, NC, from March 31-April 2. In the meantime, if you have any questions about drones that I can answer, please give me a call or drop me an email.

About the author: Caleb McDow is a land specialist for Crosby and Associates in Winter Haven, FL, with a Master of Science in Real Estate (MSRE) and is a FAA Certified Drone Pilot. McDow joined the institute in 2014 as a Military Transition Program (MTP) member. He serves on the Institute’s Future Leaders Committee and regularly blogs on real estate issues. Caleb McDow can be reached at 352-665-6648 or caleb@crosbydirt.com

Drones: Navigating the Rules and Regulations of Legal Commercial Use

July 25, 2016/in FAA - Drones, The Voices of Land

This article originally appeared in the REALTORS® Land Institute’s Summer 2017 Terra Firma magazine.

Drone. It’s a word that elicits different feelings for different people. Some people love them, others hate them. Some people see their incredible potential while others wish they didn’t exist. Headlines range from “Drones are saving puppies” to “Drones are ruining my life”. The issue can be polarizing.

As a land professional, a drone can be a powerful and effective tool for your business. The current and potential uses are varied and creative. The opportunity is huge and it’s important to be well-informed regarding the proper use of drones.

As with any “hot-topic” issue, there is a lot of bad information that gets into public view; and having bad information can result in poor decisions, lost business, and even legal penalties. I am writing this article because I want you to be an informed, intelligent, and passionate ambassador for drones and their incredible potential in real estate. As such, I want to provide specific, reliable, and accurate information on how to legally operate a drone in your business. I also want to provide you with resources for further research and up-to-date information.

To achieve that goal, I am going to focus on the nuts and bolts of completely legal commercial drone flying. I’m not going to tell you which drone to buy, how to get the best shots, or what time of day offers that epic cinematic effect. I am going to tell you exactly how to operate within the Federal Aviation Administration’s (FAA) rules and guidelines for commercial drone use.

Below are three basic overarching maxims that are central to all legal, commercial drone operations. These are presented as fact, insofar as they are published in FAA guidance, law, or other official means. So, regardless of what you’ve heard on the news, read on the Internet, or been told by your brother-in-law, here is the scoop:

THE ONLY LEGAL WAY TO OPERATE A DRONE COMMERCIALLY IS THROUGH A SECTION 333 EXEMPTION ISSUED BY THE FAA

The FAA is currently using an EXEMPTION process to allow legal commercial drone use. This process is filling the gap until full-fledged regulations can be finalized and published. Until recent years, “model aircraft” have been used almost exclusively for recreational purposes. In the past decade, inexpensive drones with the ability to capture high-quality video and photographs have flooded the market. This has given the FAA a lot of heartache, because they did not yet have rules in place to regulate “commercial model aircraft”. The exemption process is the only avenue currently available to operate legally for hire.

In order to receive an exemption, you must apply at www.regulations.gov. Follow these instructions for the application process.

This is how it’s done: read through a few petitions, copy someone else’s petition, personalize it to yourself or your company, include the necessary documentation, and submit. It’s not college English class so plagiarism is not only allowed, it is actually encouraged. You want to make it as easy as possible for the FAA to say yes by submitting an application very similar to one that is already approved. When I applied for my exemption, the FAA’s stated processing time was ninety to one-hundred and twenty days. I received my approval in eighty-seven days. It was the first time in my life a government entity had done something faster than advertised. Some people have hired lawyers, others have hired so-called “Section 333 Exemption Companies” to write and submit the application for them. That is unnecessary. The process is simple and the instructions are clear.

THE OPERATOR OF THE DRONE MUST BE AN FAA LICENSED PILOT

After reading number two, you may be thinking, “I’m not a pilot. I’m never going to become a pilot. Why should I apply for this exemption?” The person applying for the exemption DOES NOT HAVE TO BE A PILOT. The person OPERATING the drone DOES have to be a pilot. Of the over five-thousand exemptions granted to date, many of them have been companies or individuals who are not licensed pilots. You can have a pilot working for your company, or contract with one who can legally fly the drone. This will allow more flexible and on-demand scheduling to keep your costs lower. The exemption will require a certain level of drone training and logged flying hours. But any level of FAA license will do – from Airline Transport Pilot all the way down to Sport Pilot.

UPDATE

THE DRONE MUST BE REGISTERED, COMMERCIALLY, AS AN AIRCRAFT

Because the FAA, with the input of the courts, has determined that a drone is an aircraft (Google: Raphael Pirker Drone), it must be registered. For commercial drones, this once meant filling out a paper form (carbon paper included) and sending it, along with other documents, to the FAA. Luckily for all of us living in 2016, in April of this year that process was moved online. In order to register your drone, you must visit https://registermyuas.faa.gov, pay a five-dollar registration fee, label your drone with the registration number provided, and you’re good to go. This is the FAA’s way of finding you when you crash your drone on the White House lawn. Flyers beware!

(As a side note, recreational drones also require registration if they weigh over 0.55 pounds).

When you receive your exemption, it will be accompanied by a long list of dos and don’ts that you must abide by. These requirements range from pre-flighting your drone to maximum altitudes you can fly. Here are some of the basics:

No flights above four-hundred feet Above Ground Level (AGL)
Drone must remain within Line-Of-Sight (LOS)
If operator is using First Person View (FPV), looking at the video feed instead of the drone, he must have a Visual Observer (VO) to maintain LOS
No flights within five miles of an airport with a control tower or within three miles of an airport without a control tower, UNLESS a Certificate Of Authorization (COA) has been issued and the Operator has coordinated with the airport control tower
Must stay five-hundred feet away from non-participating persons at all times

Below is a list of resources where you can stay updated on everything contained here. This an ever-evolving issue. Be sure to check back often for updates and changes.

A one-stop-shop for general info on rules, safety, registration, etc.

Here is where you file your Section 333 Exemption

Here are the instructions for filing

Here is a link to my exemption

Here is where you register your drone

Here is the FAA’s UAS homepage (Unmanned Aerial Systems)

Now, I’m certainly not naive enough to believe that none of you have ever flown a drone commercially without the required exemption, licensing, and registration. It’s true that thousands of people have taken aerial video and photography this way; and the vast majority of them never face any issues from the FAA. However, I would submit that as land professionals and REALTORS®, we should all strive to operate within the rules. We need to be doing things the right way, every time, all the time.

To their credit, the FAA is taking steps to make things easier for everyone who wants to operate a drone. I have seen at least two examples of LESSENING of restrictions for Section 333 exemption holders in the past few months. These include an increase in the allowable altitude from two- to four-hundred feet and the publishing of a blanket list of drones you can fly once you receive your exemption (previously each petitioner had to list all drones intended for use and provide all documentation for each drone).

So, what does the future hold? Good news! The proposed rules going forward provide for approving drone operators WITHOUT a pilot’s license and WITHOUT a Section 333 Exemption. Applicants for a Drone Operators License (for commercial operations) will be required to complete online education, pass a Transportation Security Administration (TSA) background screening, and pass an FAA knowledge test. These proposed rules are still being vetted, discussed, and debated to determine the final rules. However, the rules are a great framework to lessen the burden of legal operation while still maintaining appropriate training and safety measures. Plans are also moving forward to allow flight over non-participants – as long as the specific drone being flown meets certain industry standards. The timeline on the final rules is uncertain. Yet, industry stakeholders and individuals alike are putting a lot of pressure on the FAA and Congress to get it done.

For now, we have to operate within some tight restrictions, but drone technology, uses, and regulation are all evolving very quickly. If you haven’t already, get ready to join the world of drones – an exciting industry with virtually unlimited potential!

FAA Rule Clears Commercial Drone Use for Take Off

June 22, 2016/in DC Update, FAA - Drones

On June 21, the Federal Aviation Administration (FAA) released operational rules that now make it easier than ever to use drones commercially. The approved rules are set to take effect on August 1, 2016. The REALTORS® Land Institute continues to support the progress made by the FAA to facilitate the use of drones in the industry. RLI and NAR will continue to work towards increasing the possibilities of use for industry operators, including “beyond visual line of sight” flights commonly used by land professionals when filming/photographing large tracts of land. Read more.

Top 3 Takeaways for the FAA’s New Drone Rule

Top Takeaway: This Final Rule will lead to more predictability in the market for drone-based services. The rule will create a broader base of trained operators and service providers and make it easier for real estate professionals to utilize this new technology in their business.

Education provision: The new rule clarifies that if the drone is for commercial purposes, the operator must be certified, but does not have to be a licensed pilot. A less burdensome new certification for ‘remote pilot in command’ authority will replace the need for a previously required pilot’s license. The certification test is administered at FAA testing centers and is knowledge-based only. The cost is about $150, and will takes around 20 hours of study time to prepare; the test itself is 3 hours long. Operators will still need to pass a background check performed by the TSA.
Flight operations permitted: flights may be conducted during daylight hours, within visual line of sight, not directly over non-participants, altitude limit 400’, and 100 MPH max speed.
- Provisions for flight over non-participants will be addressed in a future rule-making.
- Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting.
Almost all of the operational requirements can be waived, which leaves room for innovation and experimentation with the technology.

See a summary from the FAA.