This Issue is VERY IMPORTANT to All UAS Pilot in the U.S.A.

[sar104]

Well if flight is allowed but landing and takeoff can be dictated by the state, how about if my truck (or car) is in the park legally and I use it (hood, trunk, truck bed,etc) to land and takeoff. The vehicle is private property; hence not using the parks property. That should complicate the scenario to confuse the park officials. Just a thought!

It's hard to imagine a park ranger dumb enough to be confused by that. Do you really think that your vehicle constitutes private property when on park land, and so none of the park regulations apply to you as long as you stay in the vehicle?

 

[beachcombing]

Well if flight is allowed but landing and takeoff can be dictated by the state, how about if my truck (or car) is in the park legally and I use it (hood, trunk, truck bed,etc) to land and takeoff. The vehicle is private property; hence not using the parks property. That should complicate the scenario to confuse the park officials. Just a thought!

If the truck is physically touching the park property when you launch, then the park rules still apply.

 

[chezedog]

Well if flight is allowed but landing and takeoff can be dictated by the state, how about if my truck (or car) is in the park legally and I use it (hood, trunk, truck bed,etc) to land and takeoff. The vehicle is private property; hence not using the parks property. That should complicate the scenario to confuse the park officials. Just a thought!

The "confused park officials" will simply issue you a citation as well.

 

[Eddington]

having worked on set at location, most land management agencies from parks to parking lots, see hobby drone pilots as a nuisance. they watch only videos of a
drone accidents it seems, and blame it on consumer purchases or drones. In my opinion it is because most are seen as flying without a purpose.

have a flight plan, get your shots and get out. aimlessly flying around looking for something to film, probably gonna have a bad time.

if you cannot present information as an industry professional when you are approached, you will be treated like a civilian pilot, and rounded down to the lowest common denominator of those drone videos they watch on youtube

So I can't just fly my MPP around just for the fun of flying it? That is my ONLY purpose of flying my drone. I have so much fun I'm dreaming of getting an Inspire! I do not now nor do I plan to ever monetize my fun!

And that wasn't a sarcastic response, it's my situation.

 

[ScubaBob]

This my concern as well. I am heading into the Adirondacks tomorrow and could possibly face the same citation. I am going to Algonquin Summit and it is a tough hike in 3000 + ft gained in elevation. No way to fly into the state park from non state park land.

I am probably gonna get in trouble but worth the footage for my digital coffee table book.

"Waterfalls & High Peaks of the Adirondacks"

Here is some easily obtainable information about flying in the Adirondacks. If you get caught flying OVER or IN a NY Wilderness area then the fine is $75 and court costs are another $75.

"For now, the basic rule goes like this: In public areas of the Park where motorized recreation is allowed, drones are okay if other FAA rules are followed. But in areas of the Adirondacks where motors are banned, including wilderness, canoe and primitive areas, drones are out of bounds." (Want to fly a drone in the Adirondack Park? Here's what you need to know).

"The state Department of Environmental Conservation is currently working on drone regulations for the Forest Preserve, however, Descheneaux violated state laws that already prohibits any unauthorized person to operate a motorized equipment in wilderness, primitive, primitive bicycle corridor and canoe areas within the Adirondack and Catskill Parks

There is a loophole to that law. It's illegal to launch a drone from a Wilderness Area, but it's not illegal to launch a drone from somewhere else and fly it over Wilderness. (Hiker pleads guilty for using drone in Adirondacks High Peaks Wilderness)

 

[cairnwalker]

The OP’s excessive use of ALL CAPS, bold font, exclamation points, and hyperbole speak to his credibility.

 

[sar104]

Here is some easily obtainable information about flying in the Adirondacks. If you get caught flying OVER or IN a NY Wilderness area then the fine is $75 and court costs are another $75.

"For now, the basic rule goes like this: In public areas of the Park where motorized recreation is allowed, drones are okay if other FAA rules are followed. But in areas of the Adirondacks where motors are banned, including wilderness, canoe and primitive areas, drones are out of bounds." (Want to fly a drone in the Adirondack Park? Here's what you need to know).

"The state Department of Environmental Conservation is currently working on drone regulations for the Forest Preserve, however, Descheneaux violated state laws that already prohibits any unauthorized person to operate a motorized equipment in wilderness, primitive, primitive bicycle corridor and canoe areas within the Adirondack and Catskill Parks

There is a loophole to that law. It's illegal to launch a drone from a Wilderness Area, but it's not illegal to launch a drone from somewhere else and fly it over Wilderness. (Hiker pleads guilty for using drone in Adirondacks High Peaks Wilderness)

I'm not sure it's fair to call that a loophole in the law - it's exactly the same situation that applies to helicopters and other manned aircraft - you can fly them over wilderness but not land / takeoff.

 

[Greg Smithski]

Well if flight is allowed but landing and takeoff can be dictated by the state, how about if my truck (or car) is in the park legally and I use it (hood, trunk, truck bed,etc) to land and takeoff. The vehicle is private property; hence not using the parks property. That should complicate the scenario to confuse the park officials. Just a thought!

So I can simply get around all of the parks regulations and rules by wearing a pair of shoes?

 

[baddog]

Dont think I can drive my honda pilot here but I will or should be at the summit by 6am. So hopefully it will be not crowded

 

[baddog]

This is the type of flying I do in Adirondacks

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[Jeff7577]

Do you have a reference for that claim? In National Parks the superintendents have broad authority to regulate most activities. Many, if not all, state parks have the same provision. The National Park UAS ban, for example, stemmed from a simple directive to the park superintendents from the Park Service to put that in place as appropriate. It does not require any additional legislation. This has been discussed ad nauseam here and elsewhere - it's remarkable that there is anyone left who is not completely aware of the situation.

Yes, the front page of the NE Game and Parks regulations website. Nowhere did I say anything about the NPS, which has nothing to do with state parks. Whether each state follows along is up to them, I’m sorry you were misinformed.

“To establish rules and regulations, the Commission must give public notice, conduct a public hearing and then approve the new rules and regulations. Regulations become effective after they have been signed by the governor.“

 

[baddog]

Here is some easily obtainable information about flying in the Adirondacks. If you get caught flying OVER or IN a NY Wilderness area then the fine is $75 and court costs are another $75.

"For now, the basic rule goes like this: In public areas of the Park where motorized recreation is allowed, drones are okay if other FAA rules are followed. But in areas of the Adirondacks where motors are banned, including wilderness, canoe and primitive areas, drones are out of bounds." (Want to fly a drone in the Adirondack Park? Here's what you need to know).

"The state Department of Environmental Conservation is currently working on drone regulations for the Forest Preserve, however, Descheneaux violated state laws that already prohibits any unauthorized person to operate a motorized equipment in wilderness, primitive, primitive bicycle corridor and canoe areas within the Adirondack and Catskill Parks

There is a loophole to that law. It's illegal to launch a drone from a Wilderness Area, but it's not illegal to launch a drone from somewhere else and fly it over Wilderness. (Hiker pleads guilty for using drone in Adirondacks High Peaks Wilderness)

This is good information, thank you.

I had previously read about the Canadian gentlemen getting ticketed. Flying above the ranger station???? DOH!

 

[sar104]

Yes, the front page of the NE Game and Parks regulations website. Nowhere did I say anything about the NPS, which has nothing to do with state parks. Whether each state follows along is up to them, I’m sorry you were misinformed.

“To establish rules and regulations, the Commission must give public notice, conduct a public hearing and then approve the new rules and regulations. Regulations become effective after they have been signed by the governor.“

That certainly appears definitive for Nebraska, but it is not the situation elsewhere. I mentioned NPS as a clear example, but I pointed out that many state parks give the same regulatory discretion to the superintendents. That statement is correct, even though NE is an exception.

 

[Chrisinhouston]

I live in Texas and under Texas law you can not launch operate or land a drone while physically within the state park unless the state park superintendant allows it of there is a designated area within the state park. So you might be able to fly if you submitted a request and they approved it or they have a designated area. The same is true for the county owned parks where I live. I am in a drone club that flies at a local county park once a month in the area approved for drones and model fixed wing aircraft.

 

[baddog]

So I can simply get around all of the parks regulations and rules by wearing a pair of shoes?

That's funny...LOL

 

[naptimezzz]

The operation of takeoff and landing inside the park would have be illegal "IF" the State Park had a law prohibiting aircraft to takeoff of land inside the park. In this situation the state did not have any current law prohibiting aircraft to takeoff or land inside the park.

People keep pointing this out to you but you don’t seem to get it....from the state parks website:
Drones are currently allowed in State Parks, State Beaches, State Historic Parks, State Recreational Areas, and State Vehicular Recreation Areas except where prohibited by a District Superintendent’s posted order. Posted orders may prohibit drones for numerous reasons, including: protection of threatened species; threats to cultural and natural resources; high fire danger; public safety; recreational conflicts; impacts upon visitor experience privacy; and park unit classification. Therefore, drone users should always check with their local State Park District for any specific posted orders.

This could not be more clear. If you took off in the park you broke the LAW. THERE IS A LAW ALLOWING DISTRICT SUPERINTENDENTS TO PROHIBIT TAKEOFF AND LANDING BY POSTING AN ORDER....SEE ABOVE.

Here’s the formula:
Fly over park = ok (not parks jurisdiction)
Take off from = ok UNLESS POSTED AS PROHIBITED (parks jurisdiction)

 

[JDawg]

California is a huge problem in the U.S when it comes to laws but mainly the constitution .I agree with you about the California supreme court or U.S supreme court .

 

[theDRONEranger]

After reading all the postings on this particular thread, I am left with a conclusion that the originator was in violation of the CA statutes prohibiting the launching, flight, or recovery while within a defined State Park. While it is certainly true the FAA is the sole authority for rules and regulations concerning airspace, the State of CA is the sole authority for regulation of state owned property. Several have mentioned from the hood of their car, but I simply ask where is the car parked? On state property or not? Each state is differing from the other on the rules and laws pertaining to the operation of a UAV. Here in Colorado as an i.e., the state mimics the federal on parks, and on the forests. Any time I wish to fly in either state or federal forest(s) I try to telephonically contact the owning agency and verify the legality of launching, recovery, and flying a UAV. The only reminder to me is that of protected areas and wilderness areas. I will fully do my best to abide by their rules as I do enjoy being able to return to these areas. I have also become accustomed to searching, online ( yes, I know, it’s not always current, hence the phone call for verification), to ascertain the legality of UAVing on state/federal lands. I cannot and will not speak of the laws concerning the governing of other state/federal parks/forests/beaches (state owned lands). I acquaint myself with only the areas of my direct concern. And this includes city. I am strictly a recreational pilot, however, I do have and maintain my part 107 certificate/license. Concluding, I firmly believe the responsibility for determining the legality of location of purposed flight is strictly on the the PIC. If a sign is posted, I will abide by the posting, but that does not negate a further investigation. In this day and age, the resources are readily available should we wish to contest. Bottom line is, you are within your right to ask for the reference to such a posting, but I would never expect any one individual to memorize the source basis for all rules and regulations pertaining to **** near anything. That is why I believe the research should be initiated by you prior to any flight in questionable areas. Do your homework before you go. The consequences, of not, could very well result in yet even more regulations possible due to negligence of rogue pilots

Happy flying and keep your batteries charged

 

[ac0j]

Yes, the front page of the NE Game and Parks regulations website. Nowhere did I say anything about the NPS, which has nothing to do with state parks. Whether each state follows along is up to them, I’m sorry you were misinformed.

“To establish rules and regulations, the Commission must give public notice, conduct a public hearing and then approve the new rules and regulations. Regulations become effective after they have been signed by the governor.“

Hi! I am from Nebraska too.
Tell me, Do you remember being informed of the public hearing where Game and parks decided to outlaw alcohol on state parks? I dont, then it was done. A couple years ago I must have missed the other public hearing when they made it legal again. I read it in the paper AFTER the fact both times. Even though you think this is how it works, if game and parks posts a sign, you better pay attention to it!

 

[Jeff7577]

Hi! I am from Nebraska too.
Tell me, Do you remember being informed of the public hearing where Game and parks decided to outlaw alcohol on state parks? I dont, then it was done. A couple years ago I must have missed the other public hearing when they made it legal again. I read it in the paper AFTER the fact both times. Even though you think this is how it works, if game and parks posts a sign, you better pay attention to it!

There are no signs, and of course it was voted on.