New Jersey Drone Laws
Before you can fly your drone anywhere in the state of New Jersey, you need to learn the rules and regulations that apply to you first. Take a look at this guide for all the information you need to safely and legally fly your drone in NJ.
New Jersey State Drone Laws
New Jersey State Park Service Policy
This policy prevents anyone from operating a drone within any property or waters that are owned or managed by the State Park Service without prior approval. Approval is granted by the assistant director after review. But, unless you have a valid reason, the likelihood of getting approval isn’t very high.
Even search and rescue organizations, law enforcement agencies, fire fighting, government agencies, and first responders have to apply for a scheduled operation over national parklands and waters. This is because flying drones in national parks is also prohibited on a country-wide level and not just in New Jersey.
While these areas are not specifically mentioned under this policy, it’s also good to know that you should not fly a drone in the following areas:
- National parks and wildlife refuges (including, the Delaware Water Gap, Paterson Great Falls, Sandy Hook, and the Great Swamp)
- Palisades park
- The Appalachian Trail
- The Statue of Liberty
While that is disappointing, most of the beaches and local parks around New Jersey are still fair game for drones.
New Jersey Legislature decided to throw in a list of regulations and limitations for drone owners in the state. It touches on a number of rules, so let’s unpack this.
First up, the law stipulates that it only allows UAS operations in the state that complies with federal laws. Some parts of the law are simply common-sense rules, such as:
- Don’t operate a drone in a way that interferes with the work of a first responder. This law makes it a fourth-degree crime to use a UAS in the vicinity of anyone responding to an emergency situation as part of their employment.
- Don’t operate the drone in such a way that it can endanger the life or property of another. The law makes it a disorderly persons offense when someone violates this rule in any way.
- Operating a drone under the influence of drugs is also classified as a disorderly persons offense. This law stipulates that a BAC of .08 percent or higher is also considered grounds for infringement of this law.
In addition to those rules, the state bill makes it a third degree crime to use a drone in a way that knowingly or intentionally interferes with the safety or security of a correctional facility. It describes this as any drone-related actions in close proximity to such a facility, but doesn’t clarify the distance that counts as “close proximity”.
On top of that, the drone law also allows the owners and operators of any critical infrastructure, which includes operations like petroleum manufacturing, chemical plants, power utilities, and laboratories, to apply with the FAA for a restriction on the airspace around these facilities.
And finally, this law also makes it so that state laws preempt any local governments from regulating drone use in a way that contradicts with this law.
This act amends various chapters of laws concerning canabis for medical use, making it illegal to use a drone to transport or deliver any amount of medical canabis. While these laws don’t mention commercial cannabis, the likelihood is high that using a drone to transport cannabis for either commercial and private use will also lead to prosecution.
New Jersey Local Drone Laws
Bernards: Ordinance 2328
This city ordinance bans drone operations in or over any park or recreational facility.
Borough of Franklin Lakes: Ordinance 1688
Under this city ordinance, drones are prohibited from flying below 400 feet over the borough, including:
- Over streets
- Between dusk and dawn
- Over any property without the permission from the owner or manager of the property
- Over any Borough building without prior permission from the mayor and council
- Over any people who aren’t directly participating in the drone operation, or within 100 feet of people not directly participating in the drone operation.
Chatham: Ordinance 2015-16
This city ordinance prohibits drones from being launched on government buildings, property, or parks. It also makes it a crime to fly drones in any airspace below 400 feet over any government or public buildings, property, or parks within the township. Although the law does make exceptions for law enforcement agency and emergency services organizations.
East Bay Regional Parks: Ordinance 38
According to this city ordinance, drones are banned from being flown closer than 500 feet above district parks.
Middlesex: Resolution #18-1788R
This county parks ordinance makes it illegal to fly drones on any park property, except in areas specifically designated for the use of drones.
Palisades Interstate Park: Park Rules and Regulations
This ordinance prohibits drones from being flown on or over any property that is owned or managed by the park commission.
Passaic: Ordinance 7-16-2019
This ordinance amends various sections of other ordinances to include drone use. It prohibits drones from being flown on any park property without a permit issued by the Passaic County Parks Department.
Ramapo Indian Hills: Municipal Law
This ordinance prohibits drone use on or above any school grounds.
Wayne: Township Code 129-20
This ordinance prohibits drone flying in township parks, except in areas that are dedicated for drone use.
Federal Drone Laws
The Federal Aviation Administration (FAA) is in charge of regulating drone use in the United States. The FAA has several rules and regulations in place for drone operation, the first of which is that all drone owners have to register their drones with the agency. You have to be able to present the registration certificate whenever you’re flying your drone and the drone has to be marked with the registration number. Registration lasts for 3 years, after which you’ll have to renew again.
When flying, there are several rules you need to abide by – most of these can be regarded as common sense guidelines, but they are staunchly enforced by the FAA and local law enforcement.
The most important things you need to know include:
- Don’t fly directly over people who are not part of the drone operation.
- Give way to manned aircraft.
- Keep the drone within visual line of sight.
- Don’t fly a drone within within five (5) miles of any airport without permission from the FAA (via LAANC or DroneZone).
- Don’t fly above 400 feet above ground level.
- Commercial operators who want to fly outside of current regulations, such as at night or from a moving vehicle, need to apply for a waiver.
Recreational flyers: You need to comply with the regulations set out in H.R. 302 The FAA Reauthorization Act of 2018.
Commercial flyers: Take a look at the Part 107 guidelines for a full breakdown of the rules you need to comply with.
