Flying in state parks where it is banned

[akdrone]

Do I understand correctly that if I am on a state hwy that is traversing a state park, I can launch a drone and fly off to the park legally? There is a state park that is traversed by a state hwy that I would like to fly. I understand that if the hwy is outside the park I can launch and fly into the park but what about a state hwy that goes through a park. Could I stop at a pull pull out and fly? I know I can’t hike into a park and launch and I understand that if there is a road fully outside a park I can launch and fly into the park but I don’t know if a public hwy that goes through a park is legal to launch from.

 

[MARK (LI)]

You would have to find out who has ownership or jurisdiction over the land at the side of the road, then get permission if it is privately owned...if it is a piece of publicly owned land, you would have to do some research and find out the regs ....for instance, if it is a State Highway ...you could probably put a call in to the Alaska State Highway Department and hope that you get someone who knows the answer

 

[akdrone]

The land to the side is State Park. The question is if I simply pull out on Hiqhway pullout, or pull over on a wide shoulder area, is that good enough. Is the Hwy itself a part of the Park or is that legal to fly from in spite of it traversing through state park? I have found nothing but a runaround to this question. It’s a fine line but an important one.

 

[Trippp]

I wouldn't think you could fly into the park, so your question is moot. I think the point of not flying in state and national parks is to not annoy visitors who are there to enjoy the solitude of the park without having to hear drone noise, and to not disturb wildlife, etc.

 

[MARK (LI)]

I wouldn't think you could fly into the park, so your question is moot. I think the point of not flying in state and national parks is to not annoy visitors who are there to enjoy the solitude of the park without having to hear drone noise, and to not disturb wildlife, etc.

He can fly into the park...what he wants to know is from where...is the side of the road a permissible area?..I would think not...but as I suggested, I would call the State Highway Department...I do applaud your efforts to do this legally ...but I think that what you will discover is that it is only legal to pull over for an emergency ......meaning that there may not even be anything to specifically say that you cannot fly a drone...just that you can't pull over, unless strictly necessary.....there are a number of local jurisdictions that will tell you (New York City, for instance) ....that you cannot launch, land or control from within the City

 

[akdrone]

There are large pull outs for people to park and view the area. These are pull outs for 20- 30 cars and there are several of them along the inlet. I would assume that these are state property although it is bordered on either side by the state park. I would not think that the state park designation applies to the major highway and that the pull outs from the major highway are also part of the state right of way. It makes me believe I should be able to launch there. Just like national parks you cannot fly from within them but you can launch from the road or private property to their side and fly over them. These are very much wilderness areas where I will not be disturbing people or wildlife. My only concern is the big Aliti and whether or not launching from these large turn out is indeed launching from state land and not national park or national forest land technically.

 

[MARK (LI)]

Some National Forests (Forests...not Parks) do specifically allow drones ...believe it or not...if the conditions are as you describe, and there are no signs that specifically prohibit drones, I would take a chance....and I am pretty strict with myself about following the drone rules....good luck

 

[BigAl07]

I don't have anything technical to cite for this but I would be wiling to bet that if the road goes THROUGH the state park you're going to not like the results. If you find private property (get permission) or public property to fly from that is adjacent to the state park you can over fly the park land but stopping on the road or a pull-off is not going to meet the cut.

A STATE road going through a STATE park.... see where I'm going with this?

 

[MARK (LI)]

I don't have anything technical to cite for this but I would be wiling to bet that if the road goes THROUGH the state park you're going to not like the results. If you find private property (get permission) or public property to fly from that is adjacent to the state park you can over fly the park land but stopping on the road or a pull-off is not going to meet the cut.

A STATE road going through a STATE park.... see where I'm going with this?

Yeah...taking another look at your description of the layout...it sounds as though the road is going through the park...meaning the park is next to the road on both sides...so technically ...even the road is in the park...unless you are saying that the park is just on one side of the road and not the other

 

[dronerdave]

Interesting question. My guess is that anytime you cross a park boundary (usually marked as such) you're considered inside the park. Otherwise you'd see signs along the road from time to time indicating the boundary. I think of fishing. Several state roadways around here run through parks and if the park rules says no fishing within that park, it means past the entry boundary there is no fishing allowed even if you have a valid state fishing license to fish under DFG rules.

 

[crlmjohnson]

Do I understand correctly that if I am on a state hwy that is traversing a state park, I can launch a drone and fly off to the park legally? There is a state park that is traversed by a state hwy that I would like to fly. I understand that if the hwy is outside the park I can launch and fly into the park but what about a state hwy that goes through a park. Could I stop at a pull pull out and fly? I know I can’t hike into a park and launch and I understand that if there is a road fully outside a park I can launch and fly into the park but I don’t know if a public hwy that goes through a park is legal to launch from.

I only going to say...that, that is very risky, because it is a judgement call on the law enforcement officer that shows up. In some areas of this country, for instance in some of areas of Tennessee, you cannot take off next to a state park, and take pictures of your drone, without getting into any trouble. meaning if you get caught, you will get in trouble.

 

[tibadoe]

I would think the key word is "banned". I myself would not risk it.

 

[Lob's Falcon]

Do you fly a drone that has geofencing? You will likely hit an invisible wall when it mysteriously stops and you get a big red bar on the controller telling you to get out. (I flew to close to a jail)

 

[tlswift58]

Do I understand correctly that if I am on a state hwy that is traversing a state park, I can launch a drone and fly off to the park legally? There is a state park that is traversed by a state hwy that I would like to fly. I understand that if the hwy is outside the park I can launch and fly into the park but what about a state hwy that goes through a park. Could I stop at a pull pull out and fly? I know I can’t hike into a park and launch and I understand that if there is a road fully outside a park I can launch and fly into the park but I don’t know if a public hwy that goes through a park is legal to launch from.

Would advise not pulling to the shoulder of any state highway to fly. If a pull-off area, the that is safer to fly from.

Really gray area in your case, so I'd try for a better location to fly from. Not always optimal for sure, but keeps things on the down low and out of LE eyes.

Are there any Drone Associations in Alaska? If so, they may have knowledge on the subject more so than anyone at the Hey Dept or even the Parks Dept. Parks will probably default to - State Park no matter if public / state road that goes thru it, so no fly.

I have found with Aloft and other apps - there are sometimes tiny slivers of non NO FLY areas within or close to wilderness areas, SP's, etc. Have to zoom in really close to typically see them.

 

[Trippp]

Flying in state parks depends on each state's law. For example, some have no restrictions; some say yes, but with permission by the park superintendent on just exactly what sections you're not allow to fly within the park. This information is available on each state's drone laws on the web. In VA it's absolutely not permitted. Saying your legal by standing one foot outside of a park boundary and flying the drone itself over state park lands doesn't pass the smell test for me. I wish it were true, but I'm not willing to try it myself unless I'm absolutely sure it's legal. I would like to see some court precedent in VA showing that it's legal to stand outside the park but fly the drone over the park, if it exists.

 

[tlswift58]

Flying in state parks depends on each state's law. For example, some have no restrictions; some say yes, but with permission by the park superintendent on just exactly what sections you're not allow to fly within the park. This information is available on each state's drone laws on the web. In VA it's absolutely not permitted. Saying your legal by standing one foot outside of a park boundary and flying the drone itself over state park lands doesn't pass the smell test for me. I wish it were true, but I'm not willing to try it myself unless I'm absolutely sure it's legal. I would like to see some court precedent in VA showing that it's legal to stand outside the park but fly the drone over the park, if it exists.

The state nor the park OWN the airspace over it - purely the ground it holds. That is the rule from the FAA and it covers homeowners, National Parks, and others. I can't fly from the Blue Ridge Parkway - a NPS - but since the BRP is only about 1/4 mile wide; so flying from a state / public road near it and fly with VLOS over it is 100% legal. And I'm not saying it's 1 foot past the boundary - more like a few hundred yards. Did the Linn Cove Viaduct from the side road and got some great shots only landlubbers only dream about.

As it is, if YOU are OUTSIDE of park boundaries - you are no longer IN the park, so not subject to their rules.. Pretty clear to most of us, yet YOU have to make those flying decisions for YOU.

If you don't want to test the waters, that is 100% up to you to do so. I and others take what we can get and if the airspace is ruled by the FAA and not some state / local looney tunes - then we as registered drone pilots, like manned ones - can fly over most places that are not restricted / no fly zones.

But as always - that is my personal opinion based on what I have read here and by people who deal with the FAA regularly. If you wait for some local / state government to give you the go ahead - Hades will freeze over before that happens.

 

[Trippp]

Yes, to each his own. Roll Tide Roll

 

[Tomk_]

I believe the only state park that prohibits drones in Alaska is Chugach State Park. That restriction isn't just for drones, but is for all aircraft unless you are landing at Bold airstrip. And then no touch and go's.

I suspect that if you fly into the area, be it from outside the borders or from highway right of way... you could have an unpleasant experience.

 

[akdrone]

THE ANSWER: I called Dept. of Natural Resources who are the State Park people and they called me back with an answer. There are no permits given for flying drones in the park, BUT, the highway and its' pullouts for cars are not state park land and it is legal to launch from there and legal to fly FROM there. I am not interested in flying over the park per se, but the park borders Cook Inlet and the tidal bore is amazing as is the movement of ice and beluga whales, so my interest is in flying out over the Inlet, legally and safely. At this time of year there are few - very few- cars parked and I am comfortable taking off without endangering anyone. In the summer on a busy day it might be a different story. I flew over the inlet for just a bit a few days ago before I realized it was potentially not OK which is why I have been trying to learn if I could do so again and am delighted to learn from DNR itself that it is perfectly legal to fly from the highway as it were. There are also a few blocks of homes and businesses further down the road that were grandfathered and remain private that one can fly from. Super news.

 

[mavictk]

You should look at FAA charts for the area, or use skyvector.com and make sure the park is not marked as a wildlife refuge, dotted border, because, if so, the FAA prevents you from flying there.