An important message from Dave Ziegler: There is much concern and confusion over the Rockland County drone laws passed in 2015. Much of this law is constructed around the faulty premise that “Drones can fly at altitudes below the navigable airspace (generally at 400 feet) which is not within the jurisdiction, regulation and control of the Federal Aviation Administration (FAA),” which clearly contradicts the FAA and federal regulations (see below). This appears to be the result of misunderstanding the term “uncontrolled airspace,” which simply means air traffic controllers are not directing air traffic within its limits. In fact, uncontrolled airspace is still under the purview of the FAA. Thinking about this logically, the FAA couldn’t regulate drone usage under 400 feet, which it does, if it didn’t have authority over this space.
This misunderstanding is a major issue because the laws go on to ban flight over private property except one’s own or with owner’s permission, and public property without controlling agency permission — something local law has no authority to do. In fact, similar local drone laws have been challenged in court and struck down by Federal Preemption (see Singer v. City of Newton).
The following excerpts provide the Federal Aviation Administration’s position on local drone laws:
- Cities and municipalities are not permitted to have their own rules or regulations governing the operation of aircraft. However, as indicated, they may generally determine the location of aircraft landing sites through their land use powers. (FAA Statement: Federal vs. Local Drone Authority)
- Local ordinances that may apply include, but are not limited to: Reckless endangerment, criminal mischief, voyeurism, inciting violence. (FAA Local Law Enforcement Pocket Card)
- Only the FAA can restrict airspace. However, the FAA recognizes that drone safety is a partnership with local, state, tribal, and territorial government entities who have rights to regulate where drones are allowed to take off and land. (FAA No Drone Zone Page)
- In some locations, drone takeoffs and landings are restricted by state, local, territorial, or tribal government agencies. It is important to note, these No Drone Zones only restrict taking off or landing and do not restrict flight in the airspace above the identified area. (FAA No Drone Zone Page)
- Be aware that even if you have an airspace authorization to fly in the airspace over this area, you do not have authorization to take off or land from the property designated as a local No Drone Zone. In other words, airspace authorization does not mean land use approval. (FAA No Drone Zone Page)
To paraphrase my conversation with the FAA: The FAA regulates the airspace from the ground, but not the ground itself (that is local jurisdiction), up to and including FL600. We also regulate US space operations. A workaround for UAS is to fly inside a structure (i.e., gym or netted enclosure), which is not US airspace. NYC is an anomaly and has an Avigation law in the 5 boroughs which requires the Police Commissioner and Mayor’s approval to fly a UAS. This airspace is restricted by the number of airports anyway.
I have reached out to Jay Hood, Jr., the Rockland County lawmaker responsible for the 2015 drone laws, and shared my concerns, FAA statements on federal vs. local drone authority, and the case of Singer v. City of Newton. I also offered my assistance in revising the law to align with federal regulations and be more friendly and fair to the drone community and industry while addressing local safety and privacy concerns. He responded with “We believe we have passed a proper law and would have to deal with a challenge in Court if ever brought.” He did go on to say that he would have counsel look at the information I provided and would reach out if he needed anything further. I sincerely hope that is true.
Drone operators should always follow federal regulations and understand local laws. They should exercise caution, good judgement, and respect, especially when flying over property that is not their own. Finally, they should be aware that even flying within FAA regulations may result in an encounter with local law enforcement. These encounters may be useful teaching moments for both pilots and law enforcement alike. From what I’ve heard from local drone pilots, this law is rarely enforced when pilots are complying with FAA regulations, which is perhaps why the law is still on the books and has not yet been challenged.
Federal
- FAA Unmanned Aircraft Systems (UAS) Landing Page
- 14 CFR Part 107 – Small Unmanned Aircraft Systems
- FAA Statement: Federal vs. Local Drone Authority
- State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet
- 49 USC 44809: Exception for limited recreational operations of unmanned aircraft
New York State
Drone operations are prohibited in all New York’s state parks and historical sites without prior written approval. Special UAS permits for flying drones specify times, locations, and type of use permitted under the conditions of the authority and discretion of OPRHP. Non-permit holders—or those awaiting approval—must not launch, land, or operate UAS in NY State Parks.
- OPRHP Directive OPR-PCD-018: Regulating Unmanned Aircraft Systems
- Drone Use on DEC Managed Lands
- Drone Laws in NY State
- Sample UAS Permit (provided by Harriman State Park)
(for Bear Mountain, call 845-786-2701)
Rockland County
DRONE OPERATION PROHIBITED IN ALL COUNTY PARKS.
- Rockland County Drone Law (Local Law No. 2 of 2015)
- Part II, General Legislation – Chapter 234: Drones
Town
DRONE OPERATION PROHIBITED IN ALL TOWN PARKS MANAGED BY:
- Town of Clarkstown Recreation & Parks (845-639-6200)
- Town of Ramapo Parks & Recreation (845-357-6100)
DRONE OPERATION TBD FOR TOWN PARKS (ASSUME PROHIBITED UNLESS VERIFIED):
- Town of Haverstraw Parks & Recreation
- Town of Orangetown Parks & Recreation
- Town of Stony Point Recreation Department
Village
- Piermont: During a Board of Trustees meeting on May 21, 2019, Mayor Tucker stated “we have a no drone policy over the parks.” [Contradicts FAA, which permits local law to ban drone takeoff, landing, and operation in particular areas but not ban overflight.]
Resources for Local Law Enforcement
The following resources are recommended for state and local law enforcement professionals.
- FAA Public Safety and Law Enforcement Toolkit
- Law Enforcement Guidance for Suspected Unauthorized UAS Operations
- Summary of Small Unmanned Aircraft Rule (Part 107)
- FAA Local Law Enforcement Pocket Card