NY – New York
The New York city skyline as viewed from Liberty Island.
Photo courtesy of the CIA World Factbook
New York government website just for reference.
NYDOT just for reference.
New York 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 York Statute § 1115
Exemptions from sales and use taxes. (a) Receipts from the following shall be exempt from the tax on retail sales imposed under subdivision (a) of section eleven hundred five and the compensating use tax imposed under section eleven hundred ten:
…
(21-a) General aviation aircraft, and machinery or equipment to be installed on such aircraft. For purposes of this subdivision, “general aviation aircraft” means an aircraft that is used in civil aviation, that is not a commercial aircraft as defined in paragraph seventeen of subdivision (b) of section eleven hundred one of this article, military aircraft, unmanned aerial vehicle, or drone.
…
New York City Ordinance 16-02
Definitions
All capitalized terms have the same meaning as in the New York State Environmental Conservation Law (“ECL”) unless defined differently herein as follows:
…
(w) Manned and Unmanned Aircraft. “Manned and Unmanned Aircraft” means, without limitation, drones, model airplanes, airplanes, flying machines, balloons, parachutes, or other apparatus for aviation.
…
New York City Ordinance 16-14
Prohibitions.
The activities and uses listed in this section are prohibited on all City Property in the Watershed.
…
(k) Manned and Unmanned aircraft. No person shall Voluntarily take off or land any contrivance now or hereafter invented for flight in the air, including drones, aircraft and model aircraft, within any lands or waters administered by NYCDEP except with prior written permission from NYCDEP as provided for by 15 RCNY § 16-12(j).
…
New York City Ordinance 103-04
New York City Ordinance 103-04
Periodic Inspection of Exterior Walls and Appurtenances of Buildings.
(a) Definitions. For the purposes of this section, the following terms have the following meanings.
…
(iv) The methods used to examine the building must permit a complete inspection of same. Except as herein required, the use of a scaffold or other observation platform is preferred, but the QEWI may use other methods of inspection as he/she deems appropriate. Physical examinations from scaffolding or other observation platform (“close-up inspections”) must be performed at intervals of not more than 60’-0”, with the minimum number of physical examinations per total length of facade elevation noted in the table below. If the building does not front a public right-of-way, physical examinations are to be performed at a representative sample of the facade elevations with a minimum of one examination per building. All physical examinations shall occur along a path from grade to top of an exterior wall fronting each public right-of-way, using at least one scaffold drop or other observation platform configuration, including all exterior wall setbacks. The QEWI shall determine the most deleterious locations and perform physical examinations at those locations. The use of drones, high resolution photography, non-destructive testing, or other similar methods does not eliminate the requirements for close-up inspections.
…
New York City Ordinance 10-126
New York City Ordinance 10-126
Avigation in and over the city.
a. Definitions. When used in this section the following words or terms shall mean or include:
1. “Aircraft.” Any contrivance, now or hereafter invented for avigation or flight in the air, including a captive balloon, except a parachute or other contrivance designed for use, and carried primarily as safety equipment.
2. “Place of landing.” Any authorized airport, aircraft landing site, sky port or seaplane base in the port of New York or in the limits of the city.
3. “Limits of the city.” The water, waterways, and land under the jurisdiction of the city and the air space above same.
4. “Avigate.” To pilot, steer, direct, fly or manage an aircraft in or through the air, whether controlled from the ground or otherwise.
5. “Congested area.” Any land terrain within the limits of the city.
6. “Person.” A natural person, co-partnership, firm, company, association, joint stock association, corporation, or other like organization.
b. Parachuting. It shall be unlawful for any person to jump or leap from an aircraft in a parachute or any other device within the limits of the city except in the event of imminent danger or while under official orders of any branch of the military service.
c. Take offs and landings. It shall be unlawful for any person avigating an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority.
…
Mayor Adams Unveils new Guidelines to Allow Responsible Drone Usage in New York City
On July 21, 2023, New York City Mayor Eric Adams announced that the city is issuing new rules setting forth a permitting process and guidelines for the take-off and landing of unmanned aircraft in New York City. The rules including building inspections, infrastructure inspections, and capital project planning. Additionally, the rules ensure the proper safeguards are in place to protect the safety and privacy of all New Yorkers.
“Today, New York City is flying into the future, using drones to make city services faster and safer, and likely saving taxpayer dollars as well,” said Mayor Adams. “Drones are already saving lives, such as in the tragic garage collapse in Lower Manhattan, but their true potential is just taking off. With these rules, we are paving the way for drones to help in New Yorkers’ everyday lives – not just in emergency situations. Drones are going to allow us to make façade inspections faster and safer, help us inspect and maintain our bridges, tunnels, and critical infrastructure, and allow us to monitor our beaches more easily for unauthorized swimmers and hazardous conditions, among other things. This is how we ‘Get Stuff Done’ for New Yorkers.”
“To keep our infrastructure strong and sound our operational agencies are getting eyes in the sky,” said Deputy Mayor Meera Joshi. “360 degrees views, going where humans can’t, drones will vastly increase the effectiveness and quality of our critical infrastructure inspections and ultimately the safety of New York City.”
“Today marks the beginning of a new chapter for the city,” said Chief Counsel to City Hall and the Mayor Brendan McGuire. “Drones are the future, and this administration continues to embrace technology to serve New Yorkers in new, more efficient and more cost-effective ways.”
“Drones are not new to New York City or the NYPD,” said New York City Police Department (NYPD) Commissioner Edward A. Caban. “This amazing technology has been growing and evolving for years. Today, we are doing our part to ensure New Yorkers can access this technology safely and lawfully. I want to think the mayor, and our city, state, and federal partners for their hard work in getting this off the ground.”
“The New York City Department of Transportation is excited about the opportunity to further innovate our work by adopting drone usage to conduct bridge inspections and highlight our transformative street projects,” said New York City Department of Transportation (DOT) Commissioner Ydanis Rodriguez. “We thank Mayor Adams and our sister agencies for their partnership in advancing these important reforms.”
“While our parks and greenspaces already uplift New Yorkers, we’re excited to see this new program take flight,” said New York City Department of Parks and Recreation (NYC Parks) Commissioner Sue Donoghue. “Drones have the potential to help us both keep New Yorkers safe with a birds-eye-view of our beaches to monitor for sharks, and plan for the future of greenspaces with an expanded aerial view during our design and construction process. We look forward to working with NYPD to implement this new policy and will continue to coordinate with them on matters of safety in our parks and beaches.”
“Across the world, aerial drones are already being effectively utilized by design professionals, who leverage these tools to supplement the critical surveying work they perform on construction and building maintenance projects. With these new rules, the Adams administration is opening the door for design professionals in New York City to potentially use these same tools to supplement the important up close safety inspections they perform,” said New York City Department of Buildings (DOB) Commissioner Jimmy Oddo. “DOB believes that drones will play an important role in New York City’s development and construction industries going forward. Just this past month, a group of DOB inspectors, members of Allied Building Inspectors IUOE Local 211, traveled to Texas for a comprehensive drone training, giving the department a team of qualified and soon-to-be licensed drone pilots.”
Under the new rules, individuals and entities will be required to apply for a permit to legally take-off or land a drone or any other kind of unmanned aircraft in New York City. The permitting process will be administered by the NYPD. The permits will include a site temporarily designated as a take-off or landing site by the DOT. Applicants will also be required to comply with all applicable federal, state, and local regulations, and to have obtained authorization to operate their devices from the Federal Aviation Administration.
Further, the rules implement appropriate safeguards to protect the safety and privacy of New Yorkers. Any permittee of an unmanned aircraft must notify the NYPD of any crash or accident that takes place during takeoff, operation, or landing. They also must notify the New York City Cyber Command of any cybersecurity incidents involving devices. Further, if a permittee intends to capture video, photo, or audio, they will be required to notify the relevant community boards, and public notices within 100 feet of the take-off and landing sites in advance.
Drones are already used for several emergency services by the NYPD and the Fire Department of the City of New York (FDNY), often in circumstances where agency personnel cannot be safely deployed. During the recent tragic garage collapse in Lower Manhattan, for example, the FDNY used drones to assess the interior conditions and conduct searches for survivors without putting firefighters’ lives at risk.
“Reaping the full benefits of emerging tech requires striking a regulatory balance that ensures safety without stifling innovation – and these rules will do just that,” said Julie Samuels, president and executive director, Tech:NYC. “When we convened a summit on drone technologies with Mayor Adams earlier this year, the potential benefits were immediately apparent: Safe drone usage could make a real difference for our city, from inspecting bridges and buildings and monitoring the impacts of climate change, to the exciting use cases still to come, like delivering essential goods to New Yorkers without contributing to street congestion. We look forward to working with the Adams administration to chart a smart path forward that will help this industry grow and contribute to New York’s long-term success.”
“From patrolling the City’s 2,000 square mile upstate watershed, to conducting routine infrastructure inspections along the coastline of the five boroughs, drones operated by our skilled workforce are already helping us serve New Yorkers more safely and efficiently,” said DEP Commissioner Rohit T. Aggarwala. “We also foresee how the potential use of drones in emergency situations can help keep our workers safe, such as inspecting for the presence of asbestos during a building collapse or for investigating the root cause of a roadway sinkhole.”
New York City Film Permit
The Film Office is accepting Film Permit applications for production activity. Media production activity in New York City is subject to requirements in New York State and City laws, directives, and guidance.
New York Department of Environmental Conservation (DEC) Drone Policy
New York Department of Environmental Conservation
DEC has developed a drone policy which is now available for public comment.
CP-71 / Acquisition and Use of Unmanned Aircraft (PDF)
Current rules for drone use on lands managed by DEC are listed below by land classification.
The names of DEC properties typically include the land classification within them. For example, Giant Mountain Wilderness is a wilderness area, Nelson Swamp Unique Area is a unique area, Keeney Swamp Wildlife Management Area is a wildlife management area, and Stewart State Forest is a state forest. If you are unsure what type of land classification the area you want to visit falls under, contact the local DEC office for guidance.
Please note – While drone use may be acceptable on some state lands, some activities that use a drone may require an approved temporary revocable permit (TRP). Examples of some of these activities include research, gatherings of more than 20 people, competitive events or tournaments, filmmaking.
- Drone use in the Adirondack and Catskill Forest Preserves
- Drone use in State Forests, including Multiple Use Areas and Unique Areas
- Drone use in Conservation Easements
- Drone use in the Wildlife Management Area System
- Drone use in Campgrounds and Day Use Areas
- Drone use at Environmental Education Centers
- Drone use at Summer Youth Camps
- Definition of commercial drone use
- How to Leave No Trace while using drones
- Additional resources
Adirondack and Catskill Forest Preserves
Both commercial and hobbyist use of drones on Forest Preserve lands is prohibited by 6 NYCRR 196.8 in areas classified as:
Hobbyist use is allowed on the following Forest Preserve lands, and commercial use may be allowed on the following lands with an approved temporary revocable permit (TRP) as per 6 NYCRR 190.8 and 196.8:
For the following winter recreation areas in the Forest Preserve, please contact the Olympic Regional Development Authority (ORDA) (leaves DEC website) for specific regulations regarding drone use on these lands. Each of the ski center links below leaves DEC’s website:
- Whiteface Mountain Ski Center
- Gore Mountain Ski Center
- Belleayre Mountain Ski Center
- Mount Van Hoevenberg Olympic Sports Complex
State Forests
Both commercial and hobbyist use of drones is allowed in areas classified as:
Both hobbyist and commercial drone users should contact the DEC Wildlife office closest to the property prior to drone use at the following Unique and Multiple Use Areas:
- Bog Brook Unique Area
- Carlton Hill Multiple Use Area
- Harwood Lake Multiple Use Area
- Junius Ponds Unique Area
- Seward’s Island Unique Area
Conservation Easements
For information on both hobbyist and commercial drone use on conservation easement lands, contact the DEC Lands and Forests office nearest the easement property. Lands and Forests staff will, in consultation with the easement landowner, determine if such use is prohibited by the terms of the easement or whether the use of drones conflicts with the existing use(s) of the land.
Wildlife Management Area (WMA) System
Both hobbyist and commercial drone users should contact the DEC Wildlife office closest to the Wildlife Management Area prior to drone use at these properties.
View information about DEC’s WMA system
Campgrounds and Day Use Areas
Both hobbyist and commercial drone users should contact the Division of Operations, Bureau of Recreation in DEC’s Albany office prior to drone use at DEC Campgrounds and Day Use Areas.
Phone: (518) 457-2500
Email: campinfo@dec.ny.gov
Environmental Education Centers
Pursuant to 6 NYCRR Part 623, both hobbyist and commercial use of drones is prohibited at DEC’s four education centers except for research or training as permitted under an approved temporary revocable permit (TRP). Environmental education centers have their own TRP process. To inquire whether a TRP can be obtained, contact DEC’s Bureau of Environmental Education at (518) 402-8043.
- Stony Kill Farm (Dutchess County) – prohibited except for research/training with TRP
- Five Rivers (Albany County) – prohibited except for research/training with TRP
- Rogers (Chenango County) – prohibited except for research/training with TRP
- Reinstein Woods (Erie County) – prohibited except for research/training with TRP
Summer Youth Camps
As per NYS Department of Health regulations (SubPart 7-2), both hobbyist and commercial drone use is prohibited at DEC’s four residential youth camps while children and staff are present in the camps.
- Colby (Franklin County)
- DeBruce (Sullivan County)
- Pack Forest (Warren County)
- Rushford (Allegany County)
Users should contact the Division of Operations, Bureau of Environmental Education in DEC’s Albany office prior to drone use at DEC Summer Camps at other times of the year.
Phone: (518) 402-8043
Email: educationcamps@dec.ny.gov
Definition of Commercial Use
It is considered commercial use if the pilot conducting the flight is being compensated or if the flight being conducted is for the furtherance of a business.
How to Leave No Trace While Using Drones
Follow the etiquette tips below to safely and respectfully use your drone in the great outdoors.
Plan and Prepare Ahead
Know the regulations surrounding drone use prior to your trip. A location may not have a specific drone regulation; however, other regulations such as no motorized equipment may be in place. For example, all forest preserve land that is classified as Wilderness has a “no motorized equipment” regulation, which includes the use of drones. Launching, landing, or operating drones on Wilderness classified lands is prohibited in the Adirondacks and Catskills.
Travel and Camp on Durable Surfaces
When preparing to fly your drone, be aware of where you are standing and how you got there. Plan your location ahead of time and choose a location along a designated trail or roadway. Avoid traveling off roads and trails, as this damages vegetation and degrades the health of the surrounding ecosystem. Leave as little trace as possible when launching and landing drones. Choose calm days to fly because if your drone crashes, retrieving it may mean crushing fragile vegetation and disturbing wildlife. Always fly your drone within eyesight of where you are standing.
Dispose of Waste Properly
Be sure to pick up all trash and waste and carry it out with you when you’re done. Do not throw food scraps into the woods or leave them where you stand. Food scraps are litter and can attract wildlife to popular areas, increasing human-wildlife conflict. Research the location of bathrooms and privies ahead of time and use those designated facilities. If a designated bathroom facility is not available where you are, know how to properly dig a cathole (leaves DEC website) and dispose of your waste.
Respect Wildlife
Drones can be very disturbing to wildlife. Never fly a drone directly at wildlife or hover in front of wildlife to get a close shot. Be especially mindful of giving wildlife space during breeding and nesting seasons. Keep your drone at the same safe distance as you would stand yourself if you were there in person. Do not bait wildlife to a specific area to capture footage. Leave all wildlife to their natural habitats.
Environmental Conservation Law (ECL) 11-0103(13): “Taking” and “take” include pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, wildlife, game, shellfish, crustacea and protected insects, and all lesser acts such as disturbing, harrying or worrying, or placing, setting, drawing or using any net or other device commonly used to take any such animal. Whenever any provision of the Fish and Wildlife Law permits “taking”, the taking permitted is a taking by lawful means and in a lawful manner.”
Be Considerate of Other Users
Just as the sound and sight of drones can be disruptive to wildlife, they can also disturb other users on the trail, summit, or wherever you are flying. Drones alter the natural wilderness experience that many seek in nature and can make users feel like their privacy has been invaded. Before flying your drone be sure the location is clear of people or speak to everyone around and receive permission and approval to fly your drone nearby. Keep in mind that flying drones around others could lead to potential penal law violations such as harassment or invasion of privacy.
Additional Resources
- DEC encourages anyone flying a drone to familiarize themselves and comply with Federal Aviation Administration (FAA) rules and regulations.
- For information on drone use in New York State Parks and other lands managed by the NYS Office of Parks, Recreation, and Historic Preservation, visit their website or contact the park.
New York Parks, Recreation, and Historic Preservation Rules
New York Parks, Recreation, and Historic Preservation
Directive: OPR-PCD-018
Effective Date: 01/06/2015
An UAS operating within OPRHP facilities may impact staff, visitors, buildings and natural resources, including wildlife, in various ways. Recent requests to permit UAS (and unauthorized uses of UASs) in several facilities have generated questions regarding their legality, compatibility with OPRHP’s mission and resources, patron ability to control their use, and visitor safety and privacy. This procedure shall guide the Office of Parks, Recreation and Historic Preservation (OPRHP) staff in regulating the recreational, commercial and administrative uses of UASs in OPRHP facilities through its permit system. OPRHP’s statute and regulations address some UAS activities. Generally, UAS activity can be divided into three use categories: recreational (hobby); commercial (including film and photography); and administrative. OPRHP’s statute, regulations, this new procedure and permits shall apply only to a UAS launched from within OPRHP-controlled property. A UAS that is launched from outside of OPRHP property but flown over OPRHP-controlled property is regulated by the FAA and adjacent landowners.
Procedure
Definition
For purposes of this procedure, the term “Unmanned Aircraft System” (UAS) means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device and the associated operational elements and components that are required for the pilot or system operator to control the device such as cameras, sensors, communication links etc. This term includes all types of devices that meet this definition (e.g., model airplanes, quad copters, drones etc.) that may be used for any purpose including, but not limited to: recreational, commercial or administrative uses.
Statement
The launch, landing and operation of UAS is allowed in state parks and historic sites only with prior written approval by the agency through a permit authorizing the specific time, location and type of use. OPRHP retains sole discretion to determine whether to approve or deny requests to launch an Unmanned Aircraft System. The detailed criteria OPRHP will use in determining whether to issue a permit are provided below, and conditions are provided in the sample permit. Any launch or operation of a UAS that has not received prior approval from OPRHP through issuance of a written permit is prohibited. OPRHP will actively enforce this procedure and other relevant agency statutes, regulations and guidelines.
Recreational Uses
The recreational flying of toy or model rockets or aircraft (types of UAS) is subject to 9 NYCRR Section 372.7(j) and in the Palisades Region to 9 NYCRR Section 409.1(j). Under these regulations and this procedure, the launching, landing or operation of a UAS for recreational purposes from or on lands and waters administered by OPRHP is an activity that requires an operator to apply for a special UAS permit that shall include conditions outlining the time, place and manner of use.
Commercial Uses
The use of a UAS for commercial purposes is authorized by PRHPL Section 3.09(2) and 9 NYCRR Sections 372.7(b) and 409.1(c) where, generally, a permit is required for any commercial activity in OPRHP facilities (i.e., the selling or offering for sale, hire or lease of any merchandise, service, or other thing of value).
Film Permit
Importantly, 9 NYCRR Sections 372.7(b) and 409.1(c) support a subcategory of commercial permit—known as the standard film permit—that OPRHP issues for activities involving filming or photography that may interfere with the public or park operations. This procedure supplements the procedure and guidelines that govern standard film permits when a UAS is also used in filming. Conditions outlined in the sample UAS permit may be incorporated into the standard film permit.
Administrative Uses
OPRHP regulates governmental agency and not-for-profit use of UASs for administrative purposes on property under OPRHP jurisdiction through its general authority to operate and maintain its facilities (Section 3.09(2) of the Parks, Recreation and Historic Preservation Law).
FAA Authorization or Certification Required
The FAA has standards in place for the operation of a UAS regardless of its intended use. Every UAS permit issued by OPRHP shall be conditioned on compliance with FAA requirements. The FAA has authorized recreational use of model aircraft through Advisory Circular 91-57 and section 336 of the FAA Reauthorization Act of 2012 (see Other Related Information). Although they do not require specific permission from the FAA, these recreational UAS operators must abide by the FAA requirements in addition to OPRHP’s conditions for the UAS permit, including the requirement to provide proof of insurance coverage.
Alternatively, recreational uses of a UAS that do not comply with the FAA’s description of model aircraft, as well as any commercial or administrative uses of a UAS require specific case-by-case permission from the FAA. These operators shall receive a Certificate of Operation (“COA”) and/or Airworthiness Certification from the FAA before receiving a permit from OPRHP and shall operate in accordance with all applicable FAA regulations.
Some examples of types of commercial or administrative uses requiring FAA approval include, but are not limited, to
(i) OPRHP staff operating the UAS or acting as crew for official purposes;
(ii) Cooperators such as government agencies and universities conducting pilotless aircraft operations; or
(iii) Commercial entities conducting operations on behalf of OPRHP (i.e. contractors hired by the agency).
Operational Considerations
Regions that intend to issue a special permit specifically authorizing the launching, landing or operation of a UAS—in addition to requiring the operator to adhere to FAA rules, provide proof of insurance and other conditions—shall consult and coordinate with the NYS Park Police prior to issuance as some OPRHP properties have specific restrictions on the use of their airspace. When presented with a request to launch, land or operate a UAS on lands or waters administered by OPRHP, staff shall use their professional judgment to adequately evaluate the appropriateness of the requested activities and determine whether they could result in unacceptable impacts to agency resources and values. In determining whether to issue a UAS permit, OPHRP staff shall consider whether the proposed use could:
- involve restricted airspace;
- present a clear danger to staff and/or the public’s health and safety;
- violate FAA requirements;
- potentially damage park resources;
- conflict with the purposes for which the park or historic site was established;
- unacceptably impact the atmosphere of quiet enjoyment maintained in wilderness, natural, historic or commemorative locations within the facility;
- unreasonably interfere with the interpretive, visitor service or other program activities;
- interfere with the administrative activities of OPRHP staff or the performance of their duties;
- substantially impair the operation of public facilities or the services of OPRHP concessioners or contractors;
- result in significant conflict with other existing uses;
- cause significant negative impacts to wildlife such as pursuit or harassment, disturbance of nesting or breeding activities, stress on juvenile wildlife etc.;
- create a risk of public alarm or nuisance by causing noise that would be unreasonable under the circumstances or by creating a hazardous or physically dangerous condition for members of the public; or
- violate a reasonable expectation of privacy normally associated with being in a public facility (e.g., filming that could capture identifiable faces may require the company to obtain signed “photography releases” and filming over an occupied campground or bathhouse may not be appropriate).
If the Regional Director determines the requested UAS activity is appropriate and compatible with the values and resources of a facility, he or she may approve a special permit that clearly identifies the designated area(s) for these activities within the facility, the time(s) of operation and the manner(s) of use, as well as any restrictions, terms and conditions that may be necessary to ensure safe operation and mitigate unacceptable impacts. Counsel’s Office will work with regions to modify the sample UAS permit attached to this procedure. OPRHP shall use its authority to regulate activities within our facilities to manage the operations of UAS for recreational, commercial or administrative uses, including compliance and enforcement actions by the NYS Park Police when necessary. Questions regarding this procedure should first be directed to the Regional Director (or their designee) who will then coordinate with their respective operations deputy commissioner if necessary.
No Drones over New York City
Call 911 to report a drone in use in New York City.
Ramapo Indian Hills Policy
The Board of Education is concerned for the safety of all staff members, students, parents, community members, and visitors while on school grounds. The Board of Education recognizes the operation of an unmanned aircraft system (UAS) on school grounds or flying an unmanned aircraft on or over school grounds presents a public safety issue as school grounds are populated many hours of the day by students, staff members, parents, and community members. An unmanned aircraft system is the unmanned aircraft and all the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc. necessary to operate the unmanned aircraft. The unmanned aircraft is the flying portion of the system by a pilot via a ground control system, or autonomously through the use of an on-board computer, communication links and any additional equipment that is necessary for the unmanned aircraft to operate safely. A model aircraft is considered an unmanned aircraft.
The Board of Education prohibits the operation of an unmanned aircraft system on school grounds, the launching or landing of an unmanned aircraft on school grounds, or the flying of an unmanned aircraft over school grounds at all times.
However, the Board of Education may authorize the use of an unmanned aircraft system on school grounds for an approved school district purpose.
The use of an unmanned aircraft system on school grounds for school district purposes that is owned and operated by a contractor must be approved by the Board of Education. Such request must include documentation (to include: the pilot’s certificate, medical certification, aircraft registration, etc.) supporting the contractor’s compliance with all applicable Federal Aviation Administration regulations and any State and local laws for the operation of an unmanned aircraft system and proof of insurance coverage for the specific use as required by the Board of Education. The minimum insurance coverage shall be determined by the Board after consultation with the Board’s insurance company and Board Attorney. The use of an unmanned aircraft system on school grounds for school district purposes that is owned and operated by the Board of Education and used in an approved school district program must be operated under the supervision of a school district staff member(s). The unmanned aircraft system shall only be operated on school grounds and the unmanned aircraft shall only be launched or landed on school grounds or flown over school grounds. The Superintendent or designee shall approve the specific activity(ies) or event(s) in which an unmanned aircraft system may be used. The Superintendent or designee shall ensure the use of a school district-owned unmanned aircraft system is in compliance with all applicable Federal Aviation Administration regulations and State and local laws for the operation of an unmanned aircraft system. In addition, the Superintendent or designee shall ensure the Board of Education has insurance coverage for the use or operation of an unmanned aircraft system. The insurance coverage shall be determined by the Board after consultation with the Board’s insurance company and Board Attorney.
The Board of Education may post signage on school grounds indicating the operation of an unmanned aircraft system or flying an unmanned aircraft over school grounds without Board of Education approval is prohibited at all times.
Any additional equipment attached to an unmanned aircraft system must also be owned by the Board of Education and used in accordance with an approved school district program and within the specifications of the unmanned aircraft system. No unmanned aircraft system will be used and/or flown in areas where persons have reasonable expectations of privacy. No cameras shall be used without obtaining the Superintendent’s prior approval. Signage shall be installed indicating unmanned aircraft may be in use in and about appropriate areas of potential usage.
The Board of Education will take appropriate action in accordance with Federal Aviation Administration regulations and/or any State and local laws against any violations of the provisions of this Policy.
Town of Orchard Park § 144-31
Prohibited uses.
A. Nothing contained in this chapter shall be construed as permitting in any district the erection or operation of buildings or structures or the use of land for any purpose which shall constitute a nuisance or for any of the following purposes:
…
(46) UA take-offs and landings.
(a) It shall be unlawful for any person to take off or land in any zone within the Town of Orchard Park an UA or UAS within one mile of and within two hours before or after an open air event sponsored by the Town of Orchard Park and located within the Town of Orchard Park, such events including, but not limited to, parades, concerts, street dances, festivals, art shows, sporting events and recreational events.
(b) It shall be unlawful for any person to take off or land an UA or UAS within two miles of the New Era Field Complex on the day of any event held at the New Era Field Complex and four hours prior to or four hours after any event held at the New Era Field Complex.
(c) Definitions. As used in this subsection, the following terms shall have the meanings indicated:
New Era Field Complex: All of the approximately 197.65-acre parcel of land situated in the Town of Orchard Park, New York, locally known as “One Bills Drive,” inclusive of New Era Field, the ADPRO Sports Training Center, the Fieldhouse, parking lots, entrances, walkways and practice fields.
UA: (1) A device that is intended to navigate in the air without an onboard pilot; and
(2) An aircraft that is operated without the possibility of human intervention from within or on the aircraft. Unmanned aircraft are also referred to as “drones.”
UAS: An UA and associated elements (including communications links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.
(d) Exceptions; express written permission required. The takeoff or landing of an UA or UAS as proscribed herein may be permitted pursuant to written permission issued by the Town of Orchard Park. This permission, when issued, will be subject to all applicable FAA regulations.
University Drone Policies
Fashion Institute of Technology (FIT)
SUNY Onondaga Community College
Note: This list is just a sample… many more could be added.
Advanced Air Mobility (AAM)
2022 – Archer and United Airlines announce first commercial electric air taxi route in the U.S.
2023 – Joby flies quiet electric air taxi in New York City
2023 – Volocopter completes its first flight in New York City
2023 – BETA Technologies plans $41M expansion of facility at Plattsburgh International Airport
2024 – Atlantic Aviation To Install Electric Chargers at FBOs
2024 – Cargo Drones to Deliver on Port Authority’s Ambitions for Package Routes
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 surveying hail damage on a skyscraper in New York, 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.
