New York Drone Laws
With both magnificent skyscraper-filled cities and beautiful natural scenery, the state of New York is an awesome spot for drone enthusiasts. However, strict federal, state, and local laws can lead to legal trouble if you’re not careful.
To complicate things further, most law-makers are struggling to keep up with new tech developments and so there’s some confusion as to whether many of the laws that apply to model airplanes apply to unmanned aerial vehicles (UAVs) AKA “drones” or not. At the moment, there aren’t a lot of state or local laws that apply to recreational drone fliers, although there are a few new bills currently in the works.
So it’s best to use your good judgement on what you think may be acceptable as well as whether you’ll abide by model airplane laws or not. Commercial drone operators, on the other hand, have a few more regulatory hoops to jump through. Here are the drone regulations that apply to the state of New York that you should know about.
State Drone Laws
These drone laws apply to the entire state of New York, regardless of which region, county, or city you’re in. Currently, New York doesn’t have many state-wide drone regulations in place (although more bills are currently being reviewed).
Regulating Unmanned Aircraft Systems – OPR-PCD-018
Drone owners are allowed to take off from or land on state park lands or waters with a valid permit supplied by the relevant state parks agency. The permit should specify the location, date, time, and reason for the flight. Flying a UAV (or UAS – unmanned aircraft system – as it’s also known) without a permit is strictly forbidden and can result in heavy fines.
The use of drones for commercial purposes in NY state parks is allowed in areas where commercial activity is allowed and a permit is required for any commercial activity in OPRHP facilities.
Local Drone Laws
NYC Model Aircraft Rules
It is legal to fly model aircraft, and therefore drones, in the following areas within New York City: Calvert Vaux Park, Marine Park, Flushing Meadows Corona Park, Forest Park, La Tourette Park (Greenbelt).
New York City: Administrative Code 10-126(c)
This administrative code states that it’s unlawful for any aircraft (which includes drones) to take off or land from or be operated within any place within the city limits that aren’t designated places of landing. The regulation includes water, waterways and land under the jurisdiction of the city. An exception is made for emergencies, although the law does not clearly define what constitutes as an emergency. This is controlled by the department of transportation or the port authority of New York.
Orchard Park: Amended City Ordinance 99-3
This city ordinance states that drones aren’t allowed within 2 miles of a stadium event within 4 hours before or after the event. Drones also aren’t allowed within 1 mile of any town sponsored events within 2 hours before or after the event. Violating these rules can result in a $250 fine or 15 days in jail.
Syracuse: City Municipal Ordinance
This ordinance has banned city officials from using drones until such a time comes that proper federal and state laws can make provisions for drone use by government employees while ensuring that citizens’ 1st and 4th amendment rights stay protected.
Federal Drone Laws
Federal drone laws take precedence over state and local laws which means most state and local laws are also based on FAA rules to avoid contradiction. This also means that while the FAA has federal jurisdiction, local authorities can apprehend anyone involved in any illegal drone activity.
The FAA has two classifications for drone operators: recreational and commercial fliers. Many of the authority’s rules apply to both these categories but there are some separate laws, mainly for commercial drone owners/operators.
The following regulations apply to both recreational and commercial drone owners:
FAA Regulation 14 CFR Parts 1, 45, 47, 48, 91, and 375
This regulation requires that all unmanned aircraft (UA) in the US are registered and marked with the assigned FAA issued registration code. The FAA registration process requires that the owner of the drone must be 13 years of age or older. The permit lasts for 3 years after which it can be renewed with the FAA.
FAA H.R. 302 (P.L. 115-254), the FAA Reauthorization Act of 2018
It’s worth noting that drones are banned from being flown within 1.5 miles of an airport, although the air about 5 miles around an airport is also heavily regulated so you can still get in trouble with law enforcement if you decide to fly in this area. Although that does mean large parts of the Bronx, Queens, Manhattan, and Nassau County are off limits.
That said, both recreational and commercial fliers may request permission to fly within 5 miles of an airport in NY state by using the automated LAANC system to request authorization.
FAA Reauthorization Act of 2018
This act describes where, when, and how a drone can be operated in the US. It states that you need to have your drone registered and mark the drone with the registration number. It also states that drones may only be flown below 500 feet and 100 miles per hour.
Other rules set out by the FAA, include that the drone must be within the operator’s line of sight, it can not be flown in a way that bothers others or while under the influence, and drones can only be operated during the day. Violating any of these rules can result in criminal and/or civil penalties.
These federal drone regulations apply to commercial flying:
Aircraft Rule Part 107
This regulation applies to drones that weigh less than 55 pounds. Part 107 includes many of the rules that apply to recreational fliers as well as a few additional ones. Additional regulations include not being able to operate the drone from a vehicle unless it’s in a sparsely populated area, not being allowed to fly above 400 feet or directly over people, and the UAV needs to still weigh less than 55 pounds even while carrying a load.
Commercial drone owners also have to apply for a drone pilot certification in addition to having the drone registered.
