4

Two medical helicopters just located directly across the street from my home. Their landing pad is less than 500 feet from my property. When they land, the helicopter is only 100 to 200 feet above my roof and is causing stress cracks in my home. The noise and the fact that the downward wind from rotors is causing vibration in my walls. The pilots have many other options for directions to approach and land but use the shortest route.

What are my rights? Don't I have the right to quiet and peaceful use of my home?

After all, those helicopters are part of a business and I was here 10 years before they located in this unzoned area of Alabama.

Rodrigo de Azevedo
  • 1
  • 1
  • 9
  • 28
Sylvia Stewart
  • 49
  • 2
  • This document appears to contain the relevant regulations, but I'm not sure I can find a definite answer. There are useful diagrams on PDF page 110 about the approach/landing path https://www.faa.gov/documentlibrary/media/advisory_circular/150-5390-2b/150_5390_2b_part3.pdf – zymhan May 30 '19 at 18:33
  • 3
    You mention "unzoned area of Alabama". If there really are no zoning ordinances in your area there is, unfortunately, probably very little you can do. However, if there really is no zoning, there's nothing to stop you from erecting a couple of 199 foot towers* in your back yard and stringing some wires between them. You'll want to paint them brightly, of course, and put some of those nice, orange pilot-warning balls on the wires because you don't want to kill anyone. – FreeMan May 30 '19 at 19:14
  • 4
    *I say 199 feet because once you hit 200 feet, you're required to have anti-collision lighting on the towers, and you probably don't want to pay for the electricity or have them shining in your windows all night long. – FreeMan May 30 '19 at 19:15
  • 8
    How about calling the air ambulance company and talking to them first? Explain what you've explained here and ask if they can alter their approach. – Carey Gregory May 30 '19 at 19:31
  • 8
    How low can a helicopter fly when it is landing? All the way down to the ground, I hope. Otherwise it's not much of a landing. – 60levelchange May 30 '19 at 19:36
  • 1
    Related: What is the minimum allowed altitude for helicopters over a residential area in the US? – fooot May 30 '19 at 19:40
  • 8
    "What at my rights?" This is more a question for Law.SE. We can answer according to the FAA, but they don't address your rights as a homeowner. – Ron Beyer May 30 '19 at 19:52
  • Related – Pondlife Jun 01 '19 at 16:34
  • 1
    What Carey Gregory said. New facilities often make an open house day around their start up, the neighbourhood usually appreciate such things. Maybe a good opportunity to talk to each other? Or just walk over when you have time. Are Stress cracks by low flying helicopters usual? – Peter Feb 16 '20 at 13:28
  • 1
    I’d venture a guess that this is covered under Good Samaritan Laws and, unless the helos are operating within about three rotor diameters from your property any effect of rotor downwash are going to be comparable to a firm breeze. Finally these things are being used in legitimate and infrequent emergencies to save someone’s life and it does take a real jerk to put their brief inconveniences over a critical lifesaving operation. – Romeo_4808N Feb 17 '20 at 13:05

2 Answers2

4

Talk to a lawyer.

Disclaimer: I am not a lawyer, and this is not legal advice.

The fact of the matter is, regardless of whether or not they've got FAA clearance to operate the way they do, they're causing physical damage to your property. As such, I would recommend talking to a lawyer about what your legal options are. While suing them for damages would definitely be a step you could take, a lawyer would be able to advise you on how best to navigate the process leading up to that, potentially involving things like Cease and Desist letters or negotiated settlements with the company in question.

Since you're from America, it's also entirely possible that your state might simply seize your house with Eminent Domain and give you a token payment for its "fair market value", since the construction and operation of a hospital with medical helicopters clearly falls within its remit. As a result, I would recommend to be prepared to start looking for a new house should you begin a dispute with them.

Community
  • 1
nick012000
  • 352
  • 2
  • 12
2

Helicopters alike other aircraft are allowed to be as low as they need to be upon landing or takeoff. Height minimums however exist too for normal flight. The approach they are taking could be the published approach for that heli-pad as well.

CaptainMason
  • 21
  • 3
  • For completion of your answer, it would be nice to illustrate with figure taken from a specific example (e.g. taking one helipad in urban area) – Manu H Feb 18 '20 at 13:24
  • @ManuH Aircraft at least in Canada have over flight minimums for a few things. Flight over a dense area of buildings such as a city require 1000’ of vertical distance where as a group of buildings such as a village, camp ground or a gathering of people require 500’ of vertical distance. The horizontal distance from any object is 500’ so that means from a tower or landing near a house. Aircraft are allowed to be as low as they need to be during landing and takeoff as required and depending on the approach procedures for helicopters to that specific pad. – CaptainMason Feb 18 '20 at 14:17