They definitely have authority at 30 feet above the surface, but the wright bros aircraft likely would operate under part 103 which governs ultralights and is f

They definitely have authority at 30 feet above the surface, but the wright bros aircraft likely would operate under part 103 which governs ultralights and is fairly lax on regulation as long as you aren't operating near restricted airspace. For example, with an ultralight you do not need any sort of pilot's license or medical certificate. EDIT: Actually the wright bros aircraft would be too heavy to qualify as ultralight nowadays. But with today's materials I'd bet if they did it again they could get it under the weight limit.