Flying in state parks where it is banned

[akdrone]

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.View attachment 139295

No problem there but good to keep in mind.

 

[Dale D]

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

Just for the heck of it, I put in North Pole, Alaska on B4UFly on route 2 southeast of Fairbanks. There are large areas of cleared skies allowing flight.

"Just sayin". Did you try stealth flying?

 

[akdrone]

Just for the heck of it, I put in North Pole, Alaska on B4UFly on route 2 southeast of Fairbanks. There are large areas of cleared skies allowing flight.

"Just sayin". Did you try stealth flying?

Thanks. We just went SE of Fairbanks and got some great footage including a group of 11 moose. No stealth required . The land adjacent to the park area has some businesses I'm familiar with so I'll just stop in to a restaurant and order a burger and ask if I can fly from their parking lot . That's the plan when the highway pullouts are full enough to be unsafe to fly from. There is indeed a lot of open flyable space around me.

 

[4006448]

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

In my part of the world, the legislated definition of road (includes road related area) is fence line to fence line. Do you have a state transport department responsible for road maintenance etc? That would be my start point for your inquiry.

 

[akdrone]

In my part of the world, the legislated definition of road (includes road related area) is fence line to fence line. Do you have a state transport department responsible for road maintenance etc? That would be my start point for your inquiry.

thanks for the suggestion. I'm going to go with DNR's comment that the pullouts are usable for me to fly with. Those are the folks that I care about and the legality from the point of ownership and control of the land was my concern. SInce they have said it's state land I'm good with that.

 

[4006448]

thanks for the suggestion. I'm going to go with DNR's comment that the pullouts are usable for me to fly with. Those are the folks that I care about and the legality from the point of ownership and control of the land was my concern. SInce they have said it's state land I'm good with that.

Saw that after I posted. Glad you got a positive response.

 

[akdrone]

Saw that after I posted. Glad you got a positive response.

I thanked the fellow on the phone calmly, hung up, turned to my wife and said loudly, "Yes!"

 

[MARK (LI)]

I thanked the fellow on the phone calmly, hung up, turned to my wife and said loudly, "Yes!"

It was loud...I heard you here on Long Island about 3.500 miles away...you musta been kinda happy
Glad that is going to work out...one thing, though...we want to see the videos

 

[akdrone]

It was loud...I heard you here on Long Island about 3.500 miles away...you musta been kinda happy
Glad that is going to work out...one thing, though...we want to see the videos

that got a good chuckle

 

[JMC3]

I think the finer point should be are you flying in a no fly AIR space It does not matter where you launch from its the air above the no fly zones that are not allowed. but its a good question because too many people violate the rules and FAA comes down on everyone.

 

[akdrone]

I think the finer point should be are you flying in a no fly AIR space It does not matter where you launch from its the air above the no fly zones that are not allowed. but its a good question because too many people violate the rules and FAA comes down on everyone.

I think you may misunderstand the situation. The FAA is fine with people flying above the park. The airspace has no FAA limitation of any kind. That is not a problem. The problem is the park will not allow you to fly a drone -from within- the park...that is to say you cannot launch a drone (or other aircraft) from within the park. There is actually an airstrip in the park where you are allowed to fly to and from but that's of no importance to me. I have checked with the people that manage the park and they have confirmed my understanding. The only body that governs airspace is the FAA, period. Other entities, parks, forests, businesses, people in their home, can forbid you from launching from their property but they can't forbid you from flying over their property or park or whatever. My question in this thread was whether or not the highway that travels through the park is considered part of the park, per se or whether it is formally state land from which it is legal to launch a drone and the folks at Dept. of Nat. Resources informed me that indeed, I cannot launch from within the park but I can launch from a highway pullout and fly over the park because they have no jurisdiction over the airspace itself.

 

[MARK (LI)]

Although most of what you say is true and accurate.....there are situations in places where there are flight restrictions...for instance over the Grand Canyon for one place..no matter how far away you could launch from...you cannot fly there....on the West Coast among other places there are State Wildlife areas that require a minimum altitude...I forget what it is...but it is higher than 400 feet ...so drones are out in places like that....you got a favorable answer to your specific question, but each intended flight location really has to be planned and vetted thoroughly on a case by case basis...like what you did in your circumstances

 

[akdrone]

You are correct in part. Much or all of the Grand Canyon is off limits to drone flying but none of this discussion was about a National Park. The attached file shows the FAA areas around the Canyon that do not allow flight. The National Parks are designated no-fly however it is not the Park Rules, per se that designate it, it is the FAA through a law passed in 2014 that puts them off limits. In the case I've been discussing above, the FAA has no rule against flying over the State Park, therefore I can launch from anywhere outside the state park (since it is not FAA forbidden) and fly over the state park IN SPITE of the state park policy forbidding drones. Their no-drone policy can only apply to launching from state park land. The air above is controlled by the FAA. If our state park was covered in a Restricted Operations area like the Grand Canyon then I would be forbidden to fly there too. All airspace is controlled by the FAA. National Parks are all off limits as far as I know and so designated by the FAA maps. B4UFLY is a good place to check FAA airspace rules and any Park or other area should be checked for their rules regarding whether or not it is permissible to fly your drone from their land.

 

[dronerdave]

... but each intended flight location really has to be planned and vetted thoroughly on a case by case basis

Yeah I would, and I'd make sure the state park authorities would know where I plan to fly, my flight intentions, and the person I'm talking to at the agency in charge. I've got mixed answers when talking with different representatives. The FAA probably could care less about a legal drone flight, including launching outside a state park and flying over it, but I'd sure want to know about any sensitive areas or wildlife concerns within the park and what the state park authorities generally expect when I'm operating over and around the park. Just me, but I usually prefer to fly with a more openly transparent attitude compared to flying using a stealth method. Either way, I still have a chance of encountering a park official that actually does not know what is and what isn't allowed. So having some info suggesting I've been approved to operate over/around the park from their own government agency goes a long way.

 

[jb.]

You are correct in part. Much or all of the Grand Canyon is off limits to drone flying but none of this discussion was about a National Park. The attached file shows the FAA areas around the Canyon that do not allow flight. The National Parks are designated no-fly however it is not the Park Rules, per se that designate it, it is the FAA through a law passed in 2014 that puts them off limits. In the case I've been discussing above, the FAA has no rule against flying over the State Park, therefore I can launch from anywhere outside the state park (since it is not FAA forbidden) and fly over the state park IN SPITE of the state park policy forbidding drones. Their no-drone policy can only apply to launching from state park land. The air above is controlled by the FAA. If our state park was covered in a Restricted Operations area like the Grand Canyon then I would be forbidden to fly there too. All airspace is controlled by the FAA. National Parks are all off limits as far as I know and so designated by the FAA maps. B4UFLY is a good place to check FAA airspace rules and any Park or other area should be checked for their rules regarding whether or not it is permissible to fly your drone from their land.

The National Parks rule comes from the National Park Service, not the FAA. National Parks are off-limits for takeoff and landing, but have no restrictions on airspace just because they're parks. Obviously there could be restricted airspace over national parks, but the airspace isn't restricted BECAUSE they're National Parks. Of course the NPS can restrict you landing and launching from their property, and they do.

The Grand Canyon is a special case in that it actually DOES have special airspace rules. In fact, there's a special VFR chart for the Grand Canyon area. There are a number of flight routes through the area that manned flight can use for tours. The reason for this (from what I remember) is the massive amount of low-level flight in the area for tourist purposes.

 

[trwalp]

Gee, all this sure makes you want to buy a drone!

 

[Tomk_]

Gee, all this sure makes you want to buy a drone!

Yeah. So many rules to learn. Seems like there are getting to be almost as many as required to drive a car!

 

[Cobra193]

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.

this is not true. The FAA rules state that State and local laws must be followed. Some cities forbid flying drones in some locations regardless of where you launch from.

 

[Richiebricker]

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)

My Geo-Fence Drone has no problems flying in the National Forrest in California but i get warned all the time about the airport 10 or 15 miles away. I know there are state parks that ban us

 

[Richiebricker]

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.

Public Safety be damned alot of people in the wilderness could be, uhm, um, scratched or something