As it stands, FAA supersedes any local law...Only the FAA can set rules and laws for airspace in the United States. You may not want to be a big pain in the a%% but you are completely legal in flying and filming in a public park (as long as it is not State Park or other park that bars them, and is backed by the FAA).
I believe the FAA has itself said the states are free to enact and enforce all kinds of laws that could affect drone use including trespass, invasion of privacy, harassment, voyeurism etc. which are all within the state's inherent police power to regulate. Steel Flyer was not kidding when he said NC law is tough. Check it out, they even throw thermal imaging into the mix:
North Carolina
§ 15A-300.1. Restrictions on use of unmanned aircraft systems.
(b) General Prohibitions. – Except as otherwise provided in this section, no person, entity, or State agency shall use an unmanned aircraft system to do any of the following:
(1) Conduct surveillance of:
1. A person or a dwelling occupied by a person and that dwelling’s curtilage without the person’s consent.
2. Private real property without the consent of the owner, easement holder, or lessee of the property.
(2) Photograph an individual, without the individual’s consent, for the purpose of publishing or otherwise publicly disseminating the photograph. This subdivision shall not apply to newsgathering, newsworthy events, or events or places to which the general public is invited.
****************************
(d) Limitations on Use of Special Imaging Technology. – Commercial and private unmanned aircraft systems may be equipped with infrared or other thermal imaging technology subject to the provisions of this subsection. Infrared or other similar thermal imaging technology equipment shall be for the sole purpose of scientific investigation; scientific research; mapping and evaluating the earth’s surface, including terrain and surface water bodies and other features; investigation or evaluation of crops, livestock, or farming operations; investigation of forests and forest management; and other similar investigations of vegetation or wildlife.
(e) Any person who is the subject of unwarranted surveillance, or whose photograph is taken in violation of the provisions of this section, shall have a civil cause of action against the person, entity, or State agency that conducts the surveillance or that uses an unmanned aircraft system to photograph for the purpose of publishing or otherwise disseminating the photograph. In lieu of actual damages, the person whose photograph is taken may elect to recover five thousand dollars ($5,000) for each photograph or video that is published or otherwise disseminated, as well as reasonable costs and attorneys’ fees and injunctive or other relief as determined by the court.
§ 14-280.3. Interference with manned aircraft by unmanned aircraft systems.
(a) Any person who willfully damages, disrupts the operation of, or otherwise interferes with a manned aircraft through use of an unmanned aircraft system, while the manned aircraft is taking off, landing, in flight, or otherwise in motion, is guilty of a Class H felony.
§ 14-401.25. Unlawful distribution of images.
It shall be a Class
A1 misdemeanor to publish or disseminate, for any purpose, recorded images taken by a person or non-law enforcement entity through the use of infrared or other similar thermal imaging technology attached to an unmanned aircraft system, as defined in G.S. 15A-300.1, and revealing individuals, materials, or activities inside of a structure without the consent of the property owner.
