I wanted to make sure I was being lawful before attempting to operate my
MA2 over the beach to get those awesome dune shots as well as some long exposure shots of the waves.
I’ve been told several times by many people that under no circumstance can you fly a drone over the beaches here but I could never find anything actually stating that.
I researched online until my eyes bled so I decided to reach out to local law enforcement.
So, after emailing the St Augustine Beach Police Department (SABPD) The Police Chief took the time to email me back promptly.
I won’t attach the email traffic here for PII reasons but if you’d like a copy you may PM me if you’re looking to fly in the area and would like the printout.
The response:
“St. Augustine Beach falls under the St. Johns County Beach Code. Per the county beach code, it is unlawful to launch or land a drone on a county beach. It doesn't specify about flying over the beach though after launching and landing from another location.
Hope this helps.”
So, as you can see, it IS legal to fly over the beach here in St Augustine as long as you’re not launching or landing on the beach itself.
The debate stops here.
The FAA and only the FAA controls ALL the airspace of USA. Only the FAA can make laws telling you where you can and can't fly.
BUT the FAA does not control the ground, but only the airspace.
Airports, landing strips, runways, launch and land, is ground activity and the local governments can and do control the activities on the ground within their jurisdiction.
So a local government can prohibit you from taking off/launching from the beach, and landing on the beach. But they can't stop you from flying over the beach. A local government cannot control the airspace, according to congress. Only the FAA can and does.
It's usually as easy as walking across the street to the convenience store/gas station, launching from there, walking across the street to the beach as your drone is already airborne, and flying as you please, and then landing off of beach property.
https://www.faa.gov/newsroom/faa-statement-federal-vs-local-drone-authority
FAA Statement–Federal vs. Local Drone Authority
Friday, July 20, 2018
Congress has provided the FAA with exclusive authority to regulate aviation safety, the efficiency of the navigable airspace, and air traffic control, among other things. State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace.
However, these powers are not the same as regulation of aircraft landing sites, which involves local control of land and zoning. Laws traditionally related to state and local police power – including land use, zoning, privacy, and law enforcement operations – generally are not subject to federal regulation.
Cities and municipalities are not permitted to have their own rules or regulations governing the operation of aircraft.
However, as indicated, they may generally determine the location of aircraft landing sites through their land use powers.
In the context of Unmanned Aircraft Systems (UAS) – popularly called “drones”— the Department of Transportation’s UAS Integration Pilot Program (IPP), directed by the President, will provide the FAA with insight on
how to best involve local jurisdictions in the integration of UAS into the airspace in a way that also alleviates their concerns. On May 9, the Secretary of Transportation announced the selection of 10 state, local, and tribal governments as participants in the pilot program. These entities will partner with private sector participants to safely explore the further integration of drone operations. We’re looking forward to working with the IPP participants as we look to the future.
https://www.faa.gov/uas/recreational_fliers/where_can_i_fly/airspace_101/
Airspace 101 – Rules of the Sky
FAA rules apply to the entire National Airspace System -- there is no such thing as "unregulated" airspace. Drone operators should be familiar with the difference between controlled and uncontrolled airspace, and where you can legally fly. Controlled airspace is found around some airports and at certain altitudes where air traffic controllers are actively communicating with, directing, and separating all air traffic. Other airspace is considered uncontrolled in the sense that air traffic controllers are not directing air traffic within its limits.
In general, you can only fly your drone in uncontrolled airspace below 400 feet above the ground (AGL). Commercial drone operators are required to get permission from the FAA before flying in controlled airspace. Learn more about the rules for Certificated Remote Pilots and commercial operators on
Flying Drones Near Airports (Controlled Airspace) – Part 107.
(click to enlarge)
Read more about
controlled and uncontrolled airspace, as well as the different classifications of controlled airspace in the
Pilot's Handbook of Aeronautical Knowledge (PDF) in chapter 15 (see page 377).
Remember, there are thousands of private pilots who fly in both controlled and uncontrolled airspace at various altitudes, and they usually cannot see your drone until it's too close for comfort. Drone operators are responsible for staying away from manned aircraft, not the other way around!
...And here is a guy that successfully works his way around no landing or launching on beach or restricted properties.
How to fly a drone Anywhere | Where to fly a drone legally Step by Step Tutorial
How do I follow the new FAA Rules, Local Laws AND keep my DRONE from being CONFISCATED, get FINES, TICKETS or even ARRESTED by Police or FAA? How do I fly a drone legally in New York City and follow drone rules? If you're asking what are the NEW drone regulations, what are the new FAA rules for hobbyists, what are the local drone laws, how do I find them, where can I fly my drone near me or how do I find out where to fly a drone, even near an airport controlled airspace in Los Angeles?... you're not alone. I receive these questions often on the Alien Drones channel and I think it's because no one really wants to believe it is such a pain in the neck to truly know where and how to fly legally in the US, and spoiler alert, simply opening up B4Ufly or Airmap and see that it shows "good to go" doesn't cut it. Nothing exists that brings the federal, state and local rules together in one place, AND it is constantly moving, so in all fairness this ain't easy! So ignorance is bliss then, right? Secondly, most people simply aren't willing to put in the kind of effort that is currently required to get a valid answer on where it is legal to fly a drone anywhere in the United States simply for a hobby. Pecking at an app for 30 seconds should be good enough, right? Well, tell that to the officer when he shows up, see how that works for ya! Finding a legal spot locally for that DJI is IMPORTANT as well as the FAA airspace rules so here's my guide on how I locate a spot that considers most everything before flying in the U.S.. A recent trip I planed to an overly restrictive California proved both challenging and informative on how not only to do this in San Clemente, California but gave me a blueprint on how I approach flying new areas. Who knew it would be so dang hard? I'll do my best to share knowledge here but I need your comments to continue honing this in for the benefit of the drone community. What say you? Drop your tidbits below... As a side note, as I'm in the U.S. this covers this area so apologies to those in other countries. Pilots outside the US certainly can benefit immensely from the same due diligence process but obviously the details may be different for you in different countries. Wish I could help but hey, I've got my own problems here, right? LOL! -How do I follow the new FAA Rules, Local Laws AND keep my DRONE from being CONFISCATED, get FINES, TICKETS or even ARRESTED by Police or FAA? How do I fly a drone legally in New York City and follow drone rules?
Code:
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I'm a newbie and not sure how to embed youtube into this forum, so if I screwed it up- LOL
Hey Morton, send me a copy of that email please. weldersandblaster ATGMALE
Thanks
And for those of you that might run into these issues, copy this post and keep a copy on your phone in case you must convince some Law Enforcement Officer that the ticket he wants to give you, is unfounded.
If you really want to delve deep into this subject, this thread here does that.
Law Question: Can a City Commission arbitrarily make rules regulating Drones without FAA approval?
And this one is scary, This is the mentality of 90% of our lawmakers.
City Council HUMILIATES themselves by ignoring FAA drone laws!
Happy flying ya'll.