Noticed Low-flying Helicopters? Here’s Why They May Be Doing Nothing Wrong

Aug. 22—Low-flying helicopters around Bellingham are often reported on social media as nuisances, but the helicopters are likely operating within the laws.

The social network Nextdoor has had several people report increased helicopter traffic, including some flying close to the ground. Experiences range from increased noise levels to animal annoyance. But, there is likely little that can be done about the helicopters.

Helicopters don't operate under the same rules as planes or other fixed-wing aircraft, according to Justin Hanson, aviation safety inspector with the Federal Aviation Administration Seattle office, in a telephone interview with The Bellingham Herald.

"We get loads of helicopter complaints," he said.

Helicopters operate under flight rules section 91.119, the minimum safe altitudes rule. In it, planes must maintain a minimum altitude, usually about 1,000 feet, over a populated area. However, according to another part of the law, helicopters are not bound by these minimum altitudes as long as the helicopter is "conducted without hazard to persons or property on the surface."

So, the helicopter buzzing closely over the roofs of houses may be well within its right to do so, as long as they are not endangering anyone on the surface.

Hanson said all aircraft have to check in when they enter the airspace around an airport. This space is five nautical miles, or about 1.15 miles, outside of the airport. Meaning a helicopter flying outside of that five nautical mile mark, would not have to check in with any aviation regulation body during take-off, flight and landing.

The distance of five nautical miles from the airport is around the Old Fairhaven Parkway to the south and around Toad Lake to the east. Beyond that distance, the flights are not required to establish communication with the airport.

In Whatcom County, there are eight helicopters registered with the FAA. These include both individual and commercial aircraft within the county. However, these do not account for aircraft registered outside of the county that have flown into the area. Nor does it take government and military aircraft into account.

In the Bellingham area, several additional entities conduct helicopter flights. Helicopters in the area could be the Coast Guard, border patrol and medical transport helicopters.

Complaints can be filed with the Federal Aviation Administration via its Aviation Noise Ombudsman. Complaints within the Bellingham International airspace can be directed toward the airport.

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