I have another question. I know that it’s not legal to fly in East Bay regional parks, but is it legal to fly over the park if the point of origin is outside of the park? The way I’m thinking about it is that the airspace is FAA rules based, so as long as we comply to this rules, it’s ok.
Anyone?
The EBRP does not have jurisdiction over the airspace above the park lands they manage, as such they cannot regulate flying over park lands, they can only regulate operating from park lands. That being said, there are a few risks to consider.
1. Enforcement: who can regulate what isn't always well understood and you may well get hassled by bystanders or even cited by a ranger. Fighting the citation in court, etc. may not be worth the effort.
2. Crash / Loss of Control: if you fly over park lands and crash, hit a tree, or otherwise end up with your drone on park lands, you could be cited, hassled, face your drone being confiscated and so on. Technically you weren't "operating from park lands", but then do you have the time and inclination to hire a lawyer to argue the details?
3. Running afoul of FAA Rules: while not technically specific to flying over park lands, if the park has people and you happen to fly over them there could be issues. Here are the FAA rules around this [
https://www.faa.gov/uas/commercial_operators/operations_over_people/], the real risk here would be your liability if you happen to inadvertently hit someone with your drone.
Anyway, short answer is yes you can legally. Long answer is it might not be worth it.