Public Trust Laws for State Beaches (possible loophole?)

[kayest]

Most coastal states in the US have "Public Trust Laws" which allow general public access to otherwise "Private" beaches. This access is allowed as long as one stays below the "mean high water mark" (or the line marking average high tide). This area is generally dry for most of the day. Do these laws also apply to State Parks with coastal access? In other words does the Park property end at the high tide mark?

If so, can't I then stand below the high tide line, launch my drone and fly over the park?

I guess the same could then be asked for national coastal parks?

 

[Vic Moss]

That would be a state by state rule. As far as National Parks on the coast, you can fly over them. That is legal.

 

[GregS]

Just did a search and found this about flying over a National Park in the USA.

Google Search

 

[Vic Moss]

Just did a search and found this about flying over a National Park in the USA.

Google Search

That's just a Google search. Those are rarely helpful. And that one isn't either.

Yes, you can fly over most NPS property as long as you adhere FAA regulations. There are some exceptions such as the Grand Canyon where there are a number of airspace restrictions.

You can find the actual answer here: https://www.nps.gov/orgs/aviationprogram/upload/unmanned-aircraft-in-national-parks.pdf. It says "If I am flying my unmanned aircraft in thenational airspace and do not take off, land,or operate from NPS lands and waters, isthere anything the park could do to stop me?Unless an unmanned aircraft pilot obtainsspecial permission through the FAA, use ofunmanned aircraft must remain line of sight."

 

[kayest]

Like Vic, I assumed flying over parks is OK so long as take off or landing is outside park boundaries and you maintain visual contact.

The question I really asked is, can overfly a state or national park if I take off/land and operate while standing on a beach below the high water mark?

Is the beach below the mean high water mark public property or is it considered part of the park?

I'd love to hear opinions from real estate or aviation attorneys.

Thanks.

 

[GadgetGuy]

The question I really asked is, can overfly a state or national park if I take off/land and operate while standing on a beach below the high water mark?

Is the beach below the mean high water mark public property or is it considered part of the park?

I'd love to hear opinions from real estate or aviation attorneys.

Me, too!

Who would have thought that legal drone flying over coastal National Parks only required checking the tidal charts for extreme low tides? Cabrillo National Monument Park will now be open to drone overflights during extreme low tides from their famous tidepools! Tell that to the Park Ranger, who may choose to cite you anyway! Bring along your case law, and hope the Park Ranger also went to law school, or you'll still have to convince a judge later. LOL!

 

[Felix le Chat]

Me, too!

Who would have thought that legal drone flying over coastal National Parks only required checking the tidal charts for extreme low tides? Cabrillo National Monument Park will now be open to drone overflights during extreme low tides from their famous tidepools! Tell that to the Park Ranger, who may choose to cite you anyway! Bring along your case law, and hope the Park Ranger also went to law school, or you'll still have to convince a judge later. LOL!

Specifically for the U.K fliers:

There is a similar (and older) law in Britain: Crown Foreshore and Estuary - covering the coastline between mean high water and mean low water points (the intertidal zone) which was originally set in place so that the Crown could claim anything of value washed up from a shipwreck as exclusive property of the State.

This is still Crown property and the Crown Estate grants permission to drone fliers to use this temporary land as a legitimate TOAL point.