2010 Wyoming Statutes
Title 10 - Aeronautics
Chapter 4 - Uniform State Law For Aeronautics

CHAPTER 4 - UNIFORM STATE LAW FOR AERONAUTICS

 

ARTICLE 1 - CITATION

 

10-4-101. Short title.

 

W.S. 10-4-101 through 10-4-304 shall be cited as the "Uniform State Law for Aeronautics."

 

ARTICLE 2 - FEDERAL LICENSING

 

10-4-201. Federal license and registration of aircraft required.

 

Public safety and aeronautical progress require uniformity of regulation. Aircraft operating within this state should conform with respect to design, construction and airworthiness to the standards prescribed by the United States government with respect to navigation of aircraft subject to its jurisdiction. It is unlawful to navigate an aircraft within the state unless it is licensed and registered by the department of transportation of the United States in the prescribed manner.

 

10-4-202. Federal pilot's license required.

 

Public safety and the advantages of uniform regulations require that a person navigating the aircraft described in W.S. 10-4-201 in any form of navigation for which license to operate the aircraft would be required by the United States government shall have the qualifications necessary for obtaining and holding the class of license required by the United States government. It is unlawful for any person to engage in operating an aircraft within this state in any form of navigation unless he has the appropriate pilot's license issued by the federal government.

 

10-4-203. Display of pilot's license.

 

The certificate of the license required shall be kept in the personal possession of the licensee when he is operating aircraft within this state. The license must be presented for inspection upon the demand of any passenger, any official of the United States department of transportation, any peace officer of this state, or any person in charge of any airport or landing field in this state upon which he shall land.

 

ARTICLE 3 - MISCELLANEOUS

 

10-4-301. Sovereignty in space above state.

 

Sovereignty in the space above the lands and waters of this state is declared to rest in the state except where assumed by the United States law.

 

10-4-302. Ownership of space.

 

The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath subject to the right of flight described in W.S. 10-4-303.

 

10-4-303. Low or dangerous flight; landing on land or water of another.

 

(a) Flight in aircraft over the lands and waters of this state is lawful unless it is:

 

(i) At such a low altitude as to interfere with the existing use to which the land or water, or the space over the land or water, is put by the owner;

 

(ii) Conducted as to be imminently dangerous to persons or property lawfully on the land or water; or

 

(iii) In violation of the air commerce regulations promulgated by the department of transportation of the United States.

 

(b) The landing of an aircraft on the lands or waters of another, without his consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the airman shall be liable for actual damage caused by the forced landing.

 

10-4-304. Interpretation of chapter.

 

W.S. 10-4-101 through 10-4-304 shall be construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.

 

10-4-305. Marking obstructions.

 

(a) All structures located outside the exterior boundaries of any incorporated city, town or recorded subdivision, whose appearance is not otherwise mandated by state or federal law, rule or regulation, shall be lighted, marked, painted, flagged or otherwise constructed to be recognizable in clear air during daylight hours from a distance of not less than two thousand (2,000) feet if the structure meets all of the following criteria:

 

(i) Is fifty (50) feet in height above the ground or higher;

 

(ii) Is a structure associated with the development or study of wind powered electric generation, commonly known as a meteorological tower or "met tower";

 

(iii) Was erected, raised after being lowered, purchased or leased on or after the effective date of this act.

 

(b) Every person owning or leasing a structure which meets the requirements of paragraphs (a)(i) and (ii) of this section shall report to the Wyoming department of transportation the structure's exact location, height above the ground, owner, the method used to make the structure visible and other information the department may deem necessary for the safety of flight. Reports shall be filed on or before April 30, 2009 for every structure erected prior to April 30, 2009, to which this subsection applies. After April 30, 2009, a report shall be filed not less than ten (10) days prior to raising or erecting any structure subject to this subsection.

 

(c) Any person removing a structure subject to the reporting requirements of this section shall report such removal within ten (10) days to the Wyoming department of transportation.

 

(d) Within five (5) days of receiving data reported under subsection (b) or (c) of this section, the department of transportation shall make the data, other than the ownership of a structure, available to the public. Data concerning the ownership of a structure shall not be a public record under the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205.

 

(e) The Wyoming department of transportation shall promulgate rules and regulations necessary to carry out the purposes of this section.