State parks rule

[Gioba59]

I live about a mile from a state park, my question is if I take off from my house can I fly over the park?

 

[brett8883]

I live about a mile from a state park, my question is if I take off from my house can I fly over the park?

Depends on your State and the Park. Here in Utah there are virtually no state laws restricting drones other than making flight over Antelope State Park off limits. Why? I have no idea!

 

[MavicMikeK]

Check the park using the Airmap application, if it's outlined in red (see attached example) then you shouldn't fly into the air space without permission from the park ranger.

 

[Greg6032]

Hi

You need check exactly what your regulations say
For example I am in California
And California regulations say
You cannot start and land your drone in the park areas but it is do not say you cannot fly above parks
So I can stay outside park
Start my drone, fly above park
And lending it outside of the park
With no any problems
I did this many times

Good luck

 

[sar104]

I live about a mile from a state park, my question is if I take off from my house can I fly over the park?

In general, technically yes - since the airspace is controlled by the FAA, not the State Park. But you might end up with a legal fight if they try to go after you, even though you will have the law on your side.

 

[brett8883]

In general, technically yes - since the airspace is controlled by the FAA, not the State Park. But you might end up with a legal fight if they try to go after you, even though you will have the law on your side.

See that’s the thing is that States retain the ability to make their own laws under the constitution so I don’t see how if the State Law says you can’t fly over how it being the FAA’s Federal jurisdiction would negate that state law ??. So basically even if it’s ok under federal law you’d still have to check state law.

 

[sar104]

See that’s the thing is that States retain the ability to make their own laws under the constitution so I don’t see how if the State Law says you can’t fly over how it being the FAA’s Federal jurisdiction would negate that state law ??. So basically even if it’s ok under federal law you’d still have to check state law.

The states can certainly make laws, but not if they contradict Federal law. So no - that's completely incorrect.

 

[tcope]

See that’s the thing is that States retain the ability to make their own laws under the constitution so I don’t see how if the State Law says you can’t fly over how it being the FAA’s Federal jurisdiction would negate that state law ??. So basically even if it’s ok under federal law you’d still have to check state law.

US Code (Federal) trumps all state laws and US Code states only the FAA can regulate airspace.

 

[brett8883]

The states can certainly make laws, but not if they contradict Federal law. So no - that's completely incorrect.

Theres no law that says you can fly over a State Park though.

 

[brett8883]

US Code (Federal) trumps all state laws and US Code states only the FAA can regulate airspace.

Good luck explaining that to a state judge that’s all I can say.

 

[brett8883]

Also I assume they have jurisdiction about what you do on the ground so unless you are flying your drone from the ground of another state they got ya

 

[tcope]

Theres no law that says you can fly over a State Park though.

In the US we have _very broad rights_ that are guaranteed. Laws serve to limit those rights. You don't need a law to say that you _can_ fly a drone.

 

[tcope]

Good luck explaining that to a state judge that’s all I can say.

You think a judge has never heard of US Code or that someone cannot explain this to a judge?

 

[tcope]

Also I assume they have jurisdiction about what you do on the ground so unless you are flying your drone from the ground of another state they got ya

State parks don't have any jurisdiction outside of their boundaries. That is, beyond the boundaries of the park itself.

 

[brett8883]

State parks don't have any jurisdiction outside of their boundaries. That is, beyond the boundaries of the park itself.

But the State has jurisdiction everywhere in that state so unless you are flying your UAV from the ground of another state you are subject to state law on the ground of that state

 

[brett8883]

In the US we have _very broad rights_ that are guaranteed. Laws serve to limit those rights. You don't need a law to say that you _can_ fly a drone.

If there’s no Federal law addressing it then it’s up to the State if they want to. You can’t contradict a law that doesn’t exist

 

[tcope]

But the State has jurisdiction everywhere in that state so unless you are flying your UAV from the ground of another state you are subject to state law on the ground of that state

We are talking about the parks authority... not the States authority.

 

[tcope]

If there’s no Federal law addressing it then it’s up to the State if they want to. You can’t contradict a law that doesn’t exist

There is the odd thing called the US Constitution that gives people very broad rights. Also, if there is no law against something, you can do it. That is, laws don't really _give_ rights, laws only tell people what they are not allowed to do. That is how laws work.

 

[brett8883]

We are talking about the parks authority... not the States authority.

I’m talking about States authority who btw grants authority to the State Park so there’s no way to separate them. I don’t a rats behind about a State Parks authority

 

[brett8883]

There is the odd thing called the US Constitution that gives people very broad rights. Also, if there is no law against something, you can do it. That is, laws don't really _give_ rights, laws only tell people what they are not allowed to do. That is how laws work.

There’s no Federal law against robbing your neighbors house as long as you live in that same state and don’t sell the goods to someone in another State. I assume you don’t mean to tell me the State doesn’t have the authority to make laws where there is no federal law in which case a State doesn’t have authority to make any laws