NPS (National Park Service) and sUAS

[cwhite]

Hey y'all. I'll be taking a trip around several Utah NP's this summer. I'm aware of all the rules about not taking off in the park, and the loophole that you can take off/land outside the park and be fine, but I was wondering if any of y'all have actually been able to obtain official permission to fly. I know NPS grants commercial film permits quite often, and I wondered if they have a program similar to this for drones. I thought I would call a few of the parks today, but when I called the first one, they were closed due to the Govt. Shutdown. I know in Texas, our state has their own laws mandating the use of sUAS, and that the state laws override the NPS "rules". In Texas, there is no legal limit to where you can fly, even over someone else's property, as long as its for a commercial purpose, and under 400ft, of course.

I thought maybe either:
1, someone would have been able to get a permit, and would share the process with me,
or
2, Utah has some specific rules that apply to Part 107 holders, or something that overrides NPS.

 

[ColinF]

As much as I think the NPS ban is government overreach and needs to be overturned, I don’t see how State Law can preempt Federal regulations, particularly on a Federally managed property. Can you point me to where this Texas law is? Regarding getting permission to fly in NPS managed lands, pretty much impossible unless you are a deep pocketed TV network or movie producer.

 

[sar104]

Hey y'all. I'll be taking a trip around several Utah NP's this summer. I'm aware of all the rules about not taking off in the park, and the loophole that you can take off/land outside the park and be fine, but I was wondering if any of y'all have actually been able to obtain official permission to fly. I know NPS grants commercial film permits quite often, and I wondered if they have a program similar to this for drones. I thought I would call a few of the parks today, but when I called the first one, they were closed due to the Govt. Shutdown. I know in Texas, our state has their own laws mandating the use of sUAS, and that the state laws override the NPS "rules". In Texas, there is no legal limit to where you can fly, even over someone else's property, as long as its for a commercial purpose, and under 400ft, of course.

I thought maybe either:
1, someone would have been able to get a permit, and would share the process with me,
or
2, Utah has some specific rules that apply to Part 107 holders, or something that overrides NPS.

Texas can apply its own laws in State Parks, but not in National Parks.

 

[cwhite]

Take this as you wish, and I am in no way a lawyer. I do have a good friend that is well versed in Texas Law, and he came to the conclusion that the law linked below should override any federal, or local laws.

GOVERNMENT CODE CHAPTER 423. USE OF UNMANNED AIRCRAFT

 

[cwhite]

I didn't intend to start a discussion over laws-I apologize. Just wondering if anyone successfully gained permission to fly in a NP.

 

[ColinF]

Take this as you wish, and I am in no way a lawyer. I do have a good friend that is well versed in Texas Law, and he came to the conclusion that the law linked below should override any federal, or local laws.

GOVERNMENT CODE CHAPTER 423. USE OF UNMANNED AIRCRAFT

So I scanned the document and there is a a statement in it that states you have to have the consent of the property owner or the property occupier to be legal. Since the NPS does not give consent on the property they manage, I think your friend is mistaken. But hey, I am not a lawyer either.

 

[cwhite]

Our reasoning is that under the section nearly to the end that is titled "This section does not apply to:", the below is listed. Now, I don't know how you prove what is for commercial use, and what isn't. I guess I could say any of my "fun" flights are being conducted as a commercial flight under my Part 107. So I guess it really is more of a loophole. Again, thats just our interpretation. As it seems to be everywhere, the regulations and laws on sUAS are very vague.

This section does not apply to:
​

(e) an operator of an unmanned aircraft that is being used for a commercial purpose, if the operation is conducted in compliance with:​

(i) each applicable Federal Aviation Administration rule, restriction, or exemption; and​

(ii) all required Federal Aviation Administration authorizations​

And again, I might be completely mistaken.