NH – New Hampshire
Lake Winnipesaukee and the Ossipee Mountains
New Hampshire government website just for reference.
The NHDOT has a NHDOT UAS Page.
New Hampshire Legislature in case more laws were written since this book was published.
Last updated on April 2, 2024
Airspace
In addition to checking the FAA UAS Facility Map or B4UFLY or SkyVector or Google Maps one should consider also FAA JO 7400.10F – Special Use Airspace which is an order, published yearly, providing a listing of all regulatory and non-regulatory special use airspace areas, as well as issued but not yet implemented amendments to those areas established by the FAA.
Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.
Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:
(a) The using agency described in § 73.15; or
(b) The controlling agency described in § 73.17.
These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:
(1) Schedule activities within the restricted area;
(2) Authorize transit through, or flight within, the restricted area as feasible; and
(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.
For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.
Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.
Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.
Alert Areas: Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.
Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.
National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.
Crewed Aircraft in your Airspace
CREWED AIRCRAFT
New Hampshire Section 21-L:8
Title I – The State and its Government
Chapter 21-L – Department of Transportation
Internal Organization
Aviation Users Advisory Board.
I. There shall be an aviation users advisory board consisting of 7 members. All members, except the members set forth in subparagraphs (c), (d), and (g), shall hold a valid pilot’s certificate at the time of appointment. The members shall be appointed by the governor, with the consent of the council, and shall include the following:
(a) One member representing an airline.
(b) One member representing corporate aviation.
(c) One member who shall be an airport manager.
(d) One member who shall be a member of an airport authority or of the governing body of a municipality maintaining a municipal airport.
(e) One member representing general aviation who shall be chosen from a list of at least 4 and not more than 6 names submitted to the governor by the Aviation Association of New Hampshire.
(f) One member representing general aviation.
(g) One member representing the UAS industry, who shall be certificated as a remote pilot pursuant to 14 C.F.R. section 107 et seq., as amended, at the time of appointment.
(h) The commissioner, or designee, who shall serve as an ex officio voting member of the board.
II. Except for the commissioner, or designee, board members shall serve for a term of 4 years. Board members shall not serve more than 2 consecutive terms. The board shall annually elect from among its members a chairman.
III. Board members shall serve without compensation, except that they shall receive reimbursement for their reasonable and necessary expenses in the performance of their duties. This reimbursement shall be a charge against the appropriation for the division of aeronautics, rail, and transit.
IV. The board shall meet at least 4 times per year at a time and place to be fixed by the chairman, either upon his own motion or at the request of 3 or more board members.
V. The aviation users advisory board shall regularly advise the director of the division of aeronautics, rails, and transit on all matters relative to the operation of the division. The director shall consult the board on all matters relative to the operation of airports and licensing of pilots and other aviation personnel.
VI. The aviation users advisory board shall act as the board of appeal for aeronautical matters. Appeals from the decisions of the director of aeronautics, rail, and transit may be taken to the commissioner. Decisions of the commissioner may be appealed to the board, and such appeal shall be a condition precedent to any appeal to any court, contrary provisions of RSA 541-A notwithstanding. The board shall adopt rules of procedure for its appeals process.
New Hampshire Section 207:57
Title XVIII – Fish and Game
Chapter 207 – General Provisions as to Fish and Game
Interference with hunting, trapping, or fishing
Harassment.
I. No person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing, or trapping. No person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing, or trapping. No person shall purposely engage in an activity that will tend to disturb wild animals, with intent to prevent their lawful taking. No person shall use a drone or UAV with the intent to conduct video surveillance of private citizens who are lawfully hunting, fishing, or trapping without obtaining the written consent of the persons being surveilled prior to conducting the surveillance.
I-a. For purposes of this section, “unmanned aerial vehicle” or “UAV” means any device capable of flying in the air, which is remotely, automatically, or otherwise piloted without an occupant, including but not limited to, drones.
II. The provisions of paragraph I shall not apply to the actions of law enforcement officers and personnel of the department of fish and game in the performance of their official duties. The provisions of paragraph I shall not apply to any incidental interference arising from the lawful and normal activities of public land users.
III. The executive director shall adopt rules, pursuant to RSA 541-A, to administer this section.
IV. Any person violating the provisions of this section shall be guilty of a violation.
New Hampshire Section 422:3
Title XXXIX – Aeronautics
Chapter 422 – New Hampshire Aeronautics Act
Definitions.
In this chapter:
I. “Administration” means the FAA of the US, or any federal agency superseding the FAA.
II. “Aeronautics” means the act or practice of the art and science of transportation by aircraft, and operation, construction, repair or maintenance of aircraft, airports, air navigation facilities or air instruction.
III. “Air commerce” means interstate, overseas, or foreign air commerce or the transportation of mail by aircraft or any operation or navigation of aircraft within the limits of any federal airway or any operation or navigation of aircraft which directly affects, or which may endanger safety in, interstate, overseas, or foreign air commerce by a person operating under 14 CFR 121.
IV. “Air navigation facility” means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid of air navigation, including airports, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe take-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport and any combination of any or all of such facilities.
V. “Air transportation” means the transportation of persons, property, or mail by aircraft.
VI. “Aircraft” means a device that is used or intended to be used for flight in the air, and for which a federal registration certificate and number have been assigned.
VII. “Aircraft accident” means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.
VIII. “Aircraft dealer” means a person engaged in the business of buying or selling new or used aircraft.
IX. “Aircraft incident” means an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations.
X. “Airport” means an area of land or water that is used or intended to be used for the landing and taking off of aircraft, and includes its buildings and facilities, if any.
XI. “Antique aircraft” means an aircraft which was manufactured 40 or more years ago.
XII. “Aviation users advisory board” means the aviation users advisory board constituted pursuant to RSA 21-L:8.
XIII. “Certificate, registration (state)” is a document issued by the division for aircraft, airports, and commercial aviation operators, specifying the aeronautical activities in which the holder thereof may engage.
XIV. “Civil air regulations” means the regulations of the FAA issued under the authority of the “Federal Aviation Act of 1958,” or any federal regulations superseding those issued under the administration of that act. These are also known as “Federal Aviation Regulations”, or “FAR’s”.
XV. “Civil aircraft” means any aircraft of the US other than a public aircraft.
XVI. “Commercial aviation operator” means any person, who in any capacity engages in one or more aeronautical activities for compensation or hire within the boundaries of an airport. Aeronautical activities include, but are not limited to, carriage of persons or property; flight training; instruction; construction, sale, repair, maintenance, modification, or storage of aircraft, aircraft fuel or aircraft parts; or rendering other aviation services for compensation.
XVII. “Commissioner” means the commissioner of transportation.
XVIII. “Department” means the department of transportation.
XIX. “Director” means the director of the division of aeronautics, rail, and transit, department of transportation.
XX. “Fatal injury” means any injury which results in death within 30 days from the date of the injury.
XXI. “Hazard to air navigation” means any structure, tree, steam, smoke, dust, or other substance which obstructs the aerial approaches of an airport or impairs reasonable visibility in the vicinity thereof, electrical impulses and disturbances which interfere with radio aids or communications and lights which might result in glare in the vision of pilots of aircraft or be confused with airport lights.
XXII. “Operation of aircraft,” or “operate aircraft” means the use of aircraft for the purpose of flight and includes the navigation of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of this chapter.
XXIII. “Person” means an individual, a proprietorship, or any form of organization recognized by the laws of this state or the US as able to own property or conduct its affairs as a legal entity.
XXIV. “Public aircraft” means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory, or possession of the US, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.
XXIV-a. “Roadable aircraft” means any aircraft capable of taking off and landing from a suitable airfield which is also designed to be driven on public roadways as a conveyance.
XXV. “Resident” means resident, as defined in RSA 21:6.
XXVI. “Seaplane” means any aircraft on floats or an amphibian aircraft with a hull and sponson, which is capable of landing or taking off from land or water.
XXVII. “Serious injury” means any injury which:
(a) Requires hospitalization for more than 48 hours, commencing within 7 days from the date the injury was received.
(b) Results in a fracture of any bone (except simple fractures of fingers, toes, or nose).
(c) Causes severe hemorrhages, nerve, muscle, or tendon damage.
(d) Involves any internal organ.
(e) Involves second-degree or third-degree burns, or any burns affecting more than 5 percent of the body surface.
XXVII-a. “Small unmanned aircraft” means an UA as defined in federal regulations, as amended.
XXVII-b. “Small unmanned aircraft system” means a SUA and its associated elements as defined in federal regulations, as amended.
XXVIII. “Structure” means any object constructed or installed by man.
XXIX. “Substantial damage” means damage or failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component. Engine failure or damage limited to an engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered “substantial damage” for the purpose of this chapter.
XXX. “Unmanned aircraft” means an aircraft as defined in federal regulations, as amended.
New Hampshire Section 422:4
Title XXXIX – Aeronautics
Chapter 422 – New Hampshire Aeronautics Act
Duties of Commissioner.
The commissioner of transportation shall be responsible for the following functions:
I. Exercising general supervision, control, and direction over all matters pertaining to the location, construction and maintenance of air navigation facilities built or maintained, in whole or in part, with state funds.
II. Recommending to the governor and council the state acquisition of land, easements, and rights of way for air navigation facilities, provided that the municipality or municipalities in which a public airport is to be sited approves the recommendation.
III. Coordinating agencies and persons involved with aircraft search and rescue missions within the state.
IV. Assisting state and federal officials in the investigation of civil aircraft accidents and civil aircraft incidents within the state.
V. Investing in department employees the authority to enforce by civil process, violations of the aeronautics statutes and rules.
VI. Effecting uniformity in the regulations pertaining to the operation of aircraft by adopting uniform rules consistent with federal regulations and making noncompliance with federal regulations a violation of state law, thereby enabling the law enforcement agencies of the state to enforce the laws regulating the operation of aircraft. For the purposes of this paragraph, aircraft shall include ultralight vehicles as defined in federal regulations, as amended, and SUAS as defined in RSA 422:3, XXVII-b.
New Hampshire State Parks Rules
Drone use is restricted at all NH State Park.
Drone operators are not permitted to take off or land within NH State Park boundaries.
Mount Washington Auto Road Drone Policy
Mount Washington Auto Road Drone Policy
Out of concerns for the safety of their guests, employees, and resort property the Mt. Washington Auto Road and Great Glen Trails Outdoor Center prohibits the operation or use of UAS, or aerial drones, by the general public, including recreational users and hobbyists as well as media and journalists.
This prohibition includes drones for filming or videotaping, as well as any other drone operations over all Auto Road private properties. This prohibition on drone operations or use applies to any drones launched or operated from Auto Road private property but in the spirit of safety and the public’s desire for quiet recreation, they also request that drones legally launched from adjacent properties also not be flown over Auto Road private property.
Any violation of this policy may be prosecuted and may subject violators to damages including but not limited to, damages for violations of privacy, physical or personal injuries and regulatory fines and legal fees.
University Drone Policies
Southern New Hampshire University
Note: This list is just a sample… many more could be added.
Advanced Air Mobility (AAM)
2020 – Will New Hampshire’s Landmark ‘Flying Car’ Bill Lay the Groundwork for Air Taxis?
2024 – Beta Technologies, Signature Aviation to Install Electric Aircraft Chargers at 3 Airports
Short Essay Questions
Question 1
You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.
They need you to prepare a one-page memo detailing the legalities of filming a regatta at Lake Winnipesaukee, pictured above.
They need you to mention any state laws and local ordinances.
They specifically want to know what airspace you will be operating in, and whether or not you need an airspace authorization, with or without LAANC capability.
Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!
Question 2
Do the state drone laws implicate the First Amendment? If so, describe, citing the exact law.
Question 3
Do the state drone laws implicate the Fourth Amendment? Or involve law enforcement officers obtaining warrants? If so, describe, citing the exact law.
Question 4
Do the state drone laws contain a preemption clause? If so, describe, citing the exact law.
Question 5
Does the state have UAM/AAM laws? If so, describe, citing the exact law.
Question 6
Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.
