Congested areas. "Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft." The FAA does not define congested area in the FARs or in the Aeronautical Information Manual. And, FAA interpretations and decisions issued by the National Transportation Safety Board in low-flight enforcement cases are not consistent for purposes of drafting a precise definition. Such a determination is usually decided on a case-by-case basis, and in the cases that we've seen, "congested" has been interpreted rather broadly. For example, a highway with moderate traffic was found to be "congested," as was a seaside area where 200 to 300 persons were sitting on the beach or bathing in the water.
Other than congested areas. In areas that are not considered congested but may otherwise contain some population, you must operate your aircraft at an altitude of 500 feet above the surface. Over open water or sparsely populated areas, you may operate your aircraft at any altitude but you must not operate closer than 500 feet to any person, vessel, vehicle, or structure (including electrical or telephone wires). This 500-foot minimum distance requirement may be measured horizontally, vertically, or at an angle.
Helicopters. Helicopters "may be operated at less that the minimums prescribed...if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the [FAA]." This part of the regulation was drafted so as to recognize the unique flight characteristics of helicopters and accommodate their special flight utility while maintaining a standard for safety.
Exception when necessary for takeoff or landing. The regulation allows you to operate your aircraft at altitudes lower than those prescribed in the regulation when it is "necessary" for takeoff or landing. The key to complying with this exception is determining what may be "necessary" for a takeoff or a landing, and the determination will be dependent on the circumstances of your flight. For example, it will be considered "necessary" for landing for you to fly below the minimum prescribed altitudes while executing a normal approach to an approved runway. But, it will probably not be considered "necessary" for landing to fly below those altitudes on approach to an unsuitable landing area, such as a taxiway, a closed runway, or a field too small to safely accommodate the landing of your aircraft.
These general regulatory requirements for the minimum altitudes that you must comply with were adopted for safety reasons, not for any noise concerns. Note that the altitude minimums are measured above the surface, not mean sea level, and in some circumstances the minimum prescribe altitude is determined by the height of a building or a tower or the location of a person or a vessel, rather than the height of the underlying surface. There are also specific regulations that identify minimum altitudes for particular areas, such as national parks and when conducting commercial air tours in Hawaii.
Low flight can be fun, but any flight close to the ground must be conducted in accordance with the rules and in a safe, prudent manner. After the September 11, 2001, tragedies and the resulting restrictions imposed by the federal government, pilots should be even more conservative in complying with these rules, to protect general aviation from unwarranted bad press and avoid receiving an aerial visit from an area air defense aircraft.
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