NM – New Mexico

Flag courtesy of Wikipedia

Carlsbad Caverns National Park

Photo courtesy of Wikipedia

New Mexico government website just for reference.

The NMDOT has a NMDOT Aviation Page.

New Mexico Legislature in case more laws were written since this book was published.

Map courtesy of Wikipedia

Google Earth

Last updated on October 21, 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

Lastly, if you want to be informed about crewed aircraft flying in the vicinity of your drone operation, you can always check with apps like FlightAware or ADS-B Exchange

 

N.M. Admin. Code § 19.31.10.11

N.M. Admin. Code § 19.31.10.11

Section 19.31.10.11 – USE OF VEHICLES, BOATS, AIRCRAFT AND ROADS IN HUNTING

A.Shooting from the road: It is unlawful to shoot at, wound, take or attempt to take any protected species on, from, across or from within the right-of-way fences of any graded, paved or maintained public road. In the absence of a right-of-way fence it is unlawful to shoot at, wound, take or attempt to take any protected species from any part of the graded, paved or maintained surface of the public road. “Public road” as used herein shall mean any road, street or thoroughfare which is open to the public or which the public has a right of access and which has been paved, graded, maintained or any road, street or thoroughfare which has been paved, graded or maintained using public funds.

 

B.Shooting at artificial wildlife from the road: It is unlawful to shoot at artificial wildlife on, from, across or from within the right-of-way fences of any graded, paved or maintained public road. In the absence of a right-of-way fence it is unlawful to shoot at any artificial wildlife from any part of the graded, paved or maintained surface of the public road. “Public road” as used herein shall mean any road, street or thoroughfare which is open to the public or which the public has a right of access and which has been paved, graded, maintained or any road, street or thoroughfare which has been paved, graded or maintained using public funds.
C.Shooting from within or upon a vehicle, boat or aircraft: It is unlawful to shoot at any protected species from within or upon a motor vehicle, motor-driven boat, sailboat or aircraft except as allowed by a department issued permit. A person may shoot from any motor-driven boat when, the motor has been completely shut off and its progress therefrom has ceased.
D.Harassing protected species: It is unlawful, at any time, to pursue, harass, harry, drive or rally any protected species by any means except as allowed while legally hunting, or as otherwise allowed by Chapter 17 NMSA or state game commission rule.
E.Hunting after air travel: It shall be unlawful for anyone to hunt for or take any protected species until after the start of legal hunting hours on the day following any air travel except by regularly scheduled commercial airline flights or legitimate direct flight to the final destination.
F.Use of aircraft for spotting game: It shall be unlawful to use aircraft or drone to spot or locate and relay the location of any protected species to anyone on the ground by any means of communication or signaling device or action.
G.Using information gained from air flight:

(1) It shall be unlawful to hunt for or to take, or assist in the hunting for or taking of, any protected species with the use of information regarding location of any protected species gained from the use of any aircraft until 48 hours after such aircraft use.
(2) It shall be unlawful to hunt for or to take, or assist in the hunting for or taking of, any protected species with the use of information regarding location of any protected species gained from the use of any drone at any time.
H.Aircraft, drone and vehicle exemptions to this rule: The Director may exempt a person from the prohibition of utilizing an aircraft, drone or vehicle for management purposes.
I.Vehicle off of established road or driving on a closed road:

(1) During the seasons established for any protected species, it is unlawful to drive or ride in a motor vehicle which is driven off an established road on public land or to drive or ride in a motor vehicle on a closed road on public land, when the vehicle bears a licensed hunter, angler or trapper.
(2) During the seasons established for any protected species, it is unlawful to drive or ride in a motor vehicle which is driven off an established road on private land without written permission, when the vehicle bears a licensed hunter, angler or trapper.
(3) It is unlawful to drive or ride in a motor vehicle which is being driven off an established road when gathering or searching for shed antlers on public land or to drive or ride in a motor vehicle on a closed road when gathering or searching for shed antlers on public land.
(4)Exception: Snowmobiles and to retrieve lawfully taken game in an area not closed to vehicular traffic.
(5) Public land as used in this section shall mean any federally owned or managed property, any state owned or managed property, any private property which is part of a unitization hunting agreement, ranch wide agreement or unit wide agreement for the species being hunted, any private property which the department has paid for public access for the species being hunted or any New Mexico state game commission owned or managed property.
J.Mobility-Impaired (MI) hunters:

(1)Shooting from a vehicle: The holder of a MI card is authorized to shoot at, take or attempt to take protected species during their respective open seasons, with the appropriate license, from a stationary motor-driven vehicle only if the vehicle has been parked completely off of the established road’s surface and only when the established road has no right-of-way fence. The holder of a MI card may not shoot at, take or attempt to take any protected species from within the right-of-way fence on any established road.
(2)Crossbow use: The holder of a MI card may use a crossbow during any bow hunt.
(3)Assistance for MI hunters: The holder of a MI card may be accompanied by another person, who is designated in writing, to assist in taking or attempting to take any big game animal which has clearly been wounded by the licensed MI hunter. The person so designated must carry that written authorization from the MI hunter at all times while in the field in order to act as their assistant. A MI hunter may only designate one person at a time to assist them. Any person assisting a MI hunter must follow the sporting arm type designated for that hunt and all other laws and rules which apply to a licensed hunter.

 

Navajo Lake State Park Rules

Navajo Lake State Park

The use of drones and model aircraft are prohibited at Navajo Lake State Park.
Posting Dates: 4/12/2019 – ongoing

New Mexico Game and Fish Rules

New Mexico Game and Fish

The Department may issue permits authorizing the hunting or killing of coyotes or bobcats from an aircraft.

University Drone Policies

Eastern New Mexico University (requires login)

New Mexico State University

University of New Mexico

Note: This list is just a sample… many more could be added.

Advanced Air Mobility (AAM) Regulations & Policies

None found by the author.

However, should you, the reader, happen to stumble across something to the contrary, please email the author at FISHE5CA@erau.edu and you may be mentioned in the ACKNOWLEDGEMENTS section of this book by way of thanks for contributing to this free eBook!

 

Advanced Air Mobility (AAM) News

2020 – UNM professor selected for NASA project will focus on urban air mobility

 

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 movie at the entrance to Carlsbad Caverns, 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.

 

 

 

License

Icon for the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License

Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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