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Allen
Class D airspace begins at the surface. If you were 3 miles from an operating control tower and only needed to fly 30 feet up (surrounding trees are higher) would you go through the airspace authorization hoops? A drone law experts says yes. An off the record FAA dude working 107 applicants told me just stay below 100 feet and you'll be okay.
As your FAA Dude if he's going to help pay your fines and court fees should something happen and you get prosecuted.
Breaking FAA Regs is breaking FAA regs even if you are "Barely" breaking them. What concerns me is the "What If" in this situation. Yes you "intend" to keep the aircraft below tree line but WHAT IF you have a Lost Signal incident? Do you have RTH set below tree line? What if the Flight Controller malfunctions and try to RTH to last known homepoint (China maybe?)?
In aviation we are always thinking What if... and working on solutions before they happen. That's no different with UAS. With us being (or at least calling ourselves)
Professionals we really should hold ourselves to a higher standard than this.