Wisconsin Statutes
Wis. Stat. § 114.04 (2026)
Flying and landing, limitations
✓ current as of July 2026
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114.04114.04 Flying and landing, limitations. Subject to ss. 114.105 (3) and 175.55, and except as provided in ss. 114.045 and 942.10, flight of or in aircraft or spacecraft over the lands and waters of this state is lawful, unless at such a low altitude as to intentionally interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft or spacecraft on the lands or waters of another, without the person’s 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 spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 114.05.
114.04 AnnotationSince federal laws and regulations preempt local control of aircraft flights, s. 114.04 cannot be invoked to make unlawful flights that are in accordance with federal laws and regulations. Luedtke v. County of Milwaukee, 521 F.2d 387.
114.04 AnnotationLuedtke, to the extent it holds that all common law remedies for airport noise and pollution have been preempted by federal law, is overruled. Bieneman v. Chicago 1, 864 F.2d 463 (1988).
Notes of Decisions
Cited in 5
cases, 1949–2020 · leading case: Brenner v. New Richmond Reg'l Airport Comm'n, 2012 WI 98 (Wis. 2012).
Brenner v. New Richmond Reg'l Airport Comm'n, 2012 WI 98 (Wis. 2012). “This section, as well as sections 114.04 and 114.07, 12 come word for word from the Uniform Law for Aeronautics (1922), which was approved by the Wisconsin legislature in 1929.”
In Interest of BM, 303 N.W.2d 601 (Wis. 1981). “) Likewise, sec. 114.04, Stats. 1979-80, concerning aircraft, refers to flights “so conducted as to be imminently dangerous or damaging to persons or property.”
Luedtke v. Cnty. of Milwaukee, 371 F. Supp. 1040 (E.D. Wis. 1974). “On the basis of these allegations, the plaintiffs charge the defendants with negligence, creation of a nuisance, and violation of § 114.04, Wis. Stats., which deals with liability for low altitude, dangerous or damage-causing flights.”
Maitland v. Twin City Aviation Corp., 37 N.W.2d 74 (Wis. 1949). “” Sec. 114.04, Stats., provides as follows: “Flying lawful, landing unlawful; limitations; emergency.”
Shaun Koenig v. Timothy N. Aldrich (Wis. Ct. App. 2020). “04 [regarding the flying and landing of aircraft or spacecraft].” Koenig does not dispute that part of his body intrudes into the airspace above Aldriches’ property.”
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