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Flying in NH State Parks?

mrwagdog

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Northern VT, USA
Greetings all;

I was in NH two days ago (Colebrook area, Beaver Brook Falls). It looked like a great place to fly and get some nice footage. I looked up contact information for NH State Parks (NH State Parks : Welcome) and called to inquire about restrictions flying in the park. I was told there were restrictions and my call was forwarded to someone who wasn't there. I left a voicemail and callback number.

I didn't get a call back, so I called again yesterday and was again forwarded to the same person, a woman, who answered this time. She told me flying in NH State Parks was not allowed and there was a permission process I would need to go through to be approved to fly in a NH State Park. She stated there is a $100 application fee and as part of the permission process I would need to present proof of insurance (which is interesting because car insurance isn't mandatory in NH). She said she would email me the application. As of today, 24 hours later, I have nothing in my email regarding flying in a NH State Park. Now, granted, 24 hours isn't a terribly long time, but if this is a known process, it shouldn't be that difficult to create an email, attach a document to it and hit send.

I have used up all of my google-power trying to find any kind of policy or law regarding NH State Parks and drones, online. Also, there are no signs forbidding drone use at the park; I just called because I want to go back and fly some time and want to make sure it's OK to do so.

Has anyone here gone through this process? Any information I can access online to find out about it?
 
We went thru the same thing doing an educational demonstration two weeks ago. No one knew anything about it, got the application, had to pay 100 and an additional 100 to expedite. Can't find the law. frustrating. "Live Free or Die" Time to reach out to my state rep.
 
We went thru the same thing doing an educational demonstration two weeks ago. No one knew anything about it, got the application, had to pay 100 and an additional 100 to expedite. Can't find the law. frustrating. "Live Free or Die" Time to reach out to my state rep.
Appreciate the reply.

How did you receive the application? Was it a specific "drone use application" of some sort?
 
My partner did it, I have written to the Aviation DOT NH person and my NH state (not federal) senator to get an understanding of what the law is, how to find it, who is in charge etc etc.
 
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Good evening, all:

My name is Jeremy Jones and I am the owner of 603 Drones, LLC in New Hampshire. Having performed several works within the bounds of New Hampshire state parks, I was asked to find this thread and chime in. That is our blog post referenced above and it does contain a lot of detail about the process involved in this for those who wish to read through it.

In a nutshell, it all comes down to this: property rights. As most of you know, the FAA has sole authority over the national airspace. However, the owner of any land may limit the right to launch or recover drones from their property. This land use right extends even to town, state, and federal properties - especially to state properties where the laws of ownership are different from federal laws with regards to taxpayer rights.

So, the simplest answer to all of this is that you won't find a New Hampshire RSA (law) that talks about any of this. This restriction and permitting process is a policy of the New Hampshire Department of Natural and Cultural Resources, Division of Parks and Recreation. The caveat to this policy is that you CAN launch and recover from outside the bounds of the state park and fly over it and be within full rights under federal law. BUT, I would hedge this sort of action against the harassment from state officials that you are likely to receive if you do so. It's up to you if the hassle is worth it for your imaging.

The final point I will make is that the folks at both the New Hampshire Film Bureau (which has a certain role in these affairs, as well) and the NHDNCR are extremely polite and friendly when dealt with in the same manner. We've developed a relationship with these folks and have never had difficulty getting our approvals in a timely manner.

More information on the actual New Hampshire laws governing state parks can be found here: Res 7300
More information on the film/permitting process can be found here: Visit NH : Frequently Asked Questions

I hope this information helps!
 
Jeremy, maybe we can take this off line but I didn't see anything in Res 7300, in the Filming their statement is "The Division of Parks and Recreation requires a Special Use Permit for filming, photography or recording activities intended for commercial use and conducted by commercial or professional filming, photography and recording studios, companies and businesses (PART 7403.01 (h), Parks Administrative Rules: www.gencourt.state.nh.us/rules/state_agencies/res7400.html). A $100 administrative fee and certificate of insurance is required at the time of application. There is an additional $100 fee for expedited applications (within 10 business days of filming). For an application, contact [email protected]. For more information on NH state parks at: www.nhstateparks.org. " So flying a drone by itself is not covered, if you are filming for commercial use you need the permit. Eric
 
While it's true that I do tend to view everything through the lens of commercial operations since I do this every day as a full-time business, it is also true that these rules apply to all drone operations. I'm not here to defend the parks - I'm simply providing facts from my experiences working with them. Flying a drone - regardless of whether a camera is attached - is prohibited at NH state parks without prior approval.

I've attached to this post two files: The first is the second page of one of our permits from earlier this year (client name redacted due to NDA). Review the highlighted section. The second document is the actual UAS questionnaire that you are required to complete. I believe there are also some agency contact names on one of the documents for those interested in pursuing their case further. But, before you go in guns a'blazing, please remember what I said in my previous post: this is not a law - it is a policy. And that is an important legal distinction.

Again, I'm not defending the policy or the process but it IS a legal policy for them to create on their land. The permit fees are not relevant to us as a business because those costs are passed on to our clients.
 

Attachments

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Good evening, all:

My name is Jeremy Jones and I am the owner of 603 Drones, LLC in New Hampshire. Having performed several works within the bounds of New Hampshire state parks, I was asked to find this thread and chime in. That is our blog post referenced above and it does contain a lot of detail about the process involved in this for those who wish to read through it.

In a nutshell, it all comes down to this: property rights. As most of you know, the FAA has sole authority over the national airspace. However, the owner of any land may limit the right to launch or recover drones from their property. This land use right extends even to town, state, and federal properties - especially to state properties where the laws of ownership are different from federal laws with regards to taxpayer rights.

So, the simplest answer to all of this is that you won't find a New Hampshire RSA (law) that talks about any of this. This restriction and permitting process is a policy of the New Hampshire Department of Natural and Cultural Resources, Division of Parks and Recreation. The caveat to this policy is that you CAN launch and recover from outside the bounds of the state park and fly over it and be within full rights under federal law. BUT, I would hedge this sort of action against the harassment from state officials that you are likely to receive if you do so. It's up to you if the hassle is worth it for your imaging.

The final point I will make is that the folks at both the New Hampshire Film Bureau (which has a certain role in these affairs, as well) and the NHDNCR are extremely polite and friendly when dealt with in the same manner. We've developed a relationship with these folks and have never had difficulty getting our approvals in a timely manner.

More information on the actual New Hampshire laws governing state parks can be found here: Res 7300
More information on the film/permitting process can be found here: Visit NH : Frequently Asked Questions

I hope this information helps!
Great post and information, Jeremy! Thank you for taking part in the discussion here.

I guess I find the $100 fee to be kind of imposing; my use of any footage I take will be commercial, however I’m most likely to use it on my own website, YouTube channel and portfolio. My drone work is not my primary source of income, it’s a side business. I know the “level” of commercial use isn’t really a factor to the state when it comes to deciding what is and isn’t, but to me it is.

I look at this way: If I were to walk around with a hand-held camera shooting stills and video, there would be no fee and I suspect I wouldn’t be hassled. The drone suddenly makes it ok to charge a fee and somehow elevates the purpose.
 
I look at this way: If I were to walk around with a hand-held camera shooting stills and video, there would be no fee and I suspect I wouldn’t be hassled. The drone suddenly makes it ok to charge a fee and somehow elevates the purpose.

No problem, Sir! Happy to help provide some insight. With your last line, though (referenced above), you're halfway correct. As long as that handheld video wasn't being used to capture material for commercial use, you would be perfectly fine with no permit. So there's actually three very different things going on, here:

1. The New Hampshire Film Bureau controls the permitting process for commercial footage captured on state lands so that part of everything is run through them;
2. The New Hampshire Parks and Recreation Division instituted the "no drones in state parks without approval" policy so the drone stuff has to be run through them;
3. If it's a drone capturing commercial footage, then both agencies have to be involved.

I really hope that all makes sense. Clear as mud???
 
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I really hope that all makes sense. Clear as mud???
It does. I understand where they're coming from. I don't like the policy, but that's the way it goes.

They are treating all drone activities as commercial and under the same umbrella. For example, they are requiring people to be licensed under Part 107 to apply to fly in a state park. I'm licensed, but I don't agree with it being a requirement.

Anyways, it looks like I won't be filming Beaver Brook Falls until/if that policy ever changes. Too bad, it's a beautiful site.

Really appreciate your input and experience here.
 
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It does. I understand where they're coming from. I don't like the policy, but that's the way it goes.

They are treating all drone activities as commercial and under the same umbrella. For example, they are requiring people to be licensed under Part 107 to apply to fly in a state park. I'm licensed, but I don't agree with it being a requirement.

Anyways, it looks like I won't be filming Beaver Brook Falls until/if that policy ever changes. Too bad, it's a beautiful site.

Really appreciate your input and experience here.

oops!
 
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