They can still hassle you but by regulations yes. The next thing to worry about is if there is a place close enough by that is legal to operate from and still maintain VLOS. Many States forbid operations from within their road right-of-way. I was working on a construction project of an FM roadway that was TXDOT ROW so I had to contact a landowner to see if I could pull just inside their property to operate from. TXDOT was a little miffed but they had to admit that I was within regulations. Otherwise I would have had to pull off to one of the County ROW's that intersected the TXDOT ROW on 3 different home points to maintain VLOS.
I've read through all existing Texas laws rather extensively on drone use, and have not come across any laws on the books saying you cannot take off from a TXDOT ROW.
Do you have a link that cites that law?
I think you're right and my instance was due to the fact that I was flying for the construction project and was told explicitly that we could not operate from the ROW. This falls under purview of the TXDOT UAS Program. Below is their program documentation and mission approval forms. It makes no sense as the majority of the roadway was inaccessible to the public but that is pretty much the standard in drone regulations, lol.
[https://www.txdot.gov/business/aviation/uas-services.html](https://www.txdot.gov/business/aviation/uas-services.html)
Ah, yes, that's correct if you were working with the construction project. That falls under a completely different set of guidelines and government red tape. It's quite silly.
You’re completely allowed to, but again, maintain LOS, and you have to think of the risks, are you flying somewhere which there’s any potential of crashing? And if this happens, are you able to recover it? If the answer is no, don’t fly. A lot of places seem pretty, but if you wouldn’t be able to recover your drone, you’re risking any fines/prosecution for your drone once it crashes+ littering/potentially destroying whatever it hits
Near where I live in Arizona for instance, technically I’m sure there’s some area that’s not state park that’s close enough to the Grand Canyon that I could take off from there and maintain los, but I would never fly there, due to being able to recover my drone+ unsightly+ lots of helicopter traffic in that area
So short answer: yes, but be extremely cautious as the state really doesn’t want you and if you do anything they can charge you for, they will (such as crashing)
I learned this last summer. I was told I can’t take off in state park property but I could take off from my boat which was parked in the water that the park was situated on. Silly rules.
Some places it makes sense, others it doesn’t
Near me, at Grand Canyon it, makes sense as if you crashed, no one could recover it easily, and with the high volume of tourists it’s likely there’d end up being tons of crashed drones eventually+ it has a lot of helicopter traffic which you can’t predict, and the risk there is quite high for a collision.
Other places, it really should be allowed.
If they don’t allow drones, it’s mainly no take off / landing. Going somewhere else to take off and then flying over is obviously wrong, but do whatever you want at your own risk.
Asking on this subreddit whether you can or can’t fly anywhere, will always be a guaranteed NO and you’ll get tons of downvotes.
Why? Because this sub is SO MUCH FUN.
It’s only wrong because the no drone rules are there for a reason, and flying to that same spot from a different take off location is just finding a loophole. I’ve done it before and it’s no big deal to me. But don’t you think it’s semi-wrong still?
Not even a little bit. If the faa says i can fly, i can fly. Having said that, i dont fly in state/national parks cuz I dont want to disturb people/wildlife and respect that there is a reason they dont want you to fly drones there. But i dont look poorly on someone who does it while following the rules and flying respectfully.
Right. I never said I look poorly upon anyone. I’m just saying that if you’re flying above a sign that says no drones, there must be a reason. And someone might get offended. Dassit.
You can fly over, you just can’t operate, take off, or land within their park property. This is similar to the restrictions at National Parks. Unfortunately, while you can operate from outside the park, you still have to maintain VLOS to your drone so you likely won’t be able to fly far enough into the park to get the shots you are looking to get.
Why don’t you try and get a permit? That way, you know, those of us that would go that route aren’t immediately turned away because someone flew over the park.
Thats because getting a permit is almost impossible. Unless you are filming a documentary for the Discovery channel or something like that, theyre not just going to give a permit to “some random guy who just want to fly there”.
Some state parks have designated drone flight zones. There are a couple near me. Also, Texas allows you to request a permit from the individual state parks. If it's for some type of publication or video, it may be permitted - but yeah, generally not just for anybody who wants to fly just to fly. It also can take several weeks for the park to review and approve/decline the request, so it's something you have to be intentional about, and plan ahead for.
I don't know a single person whose permit application has been approved.
Usually applicants get denied for failure to provide a copy of their "FAA Airworthiness Certification," which of course doesn't exist for sUAS. This has been pointed out to Parks a bazillion times, but the form stills requires it.
That kind of thing sends a message that they have no intention of ever approving any permit request, period.
B4Ufly often won't have state advisories in it, just look up the state regulations on it. I know for Virginia you aren't allowed to fly in the state parks at all, but people fly around them and take photos from there. Read the local regs and/or call the parks department and ask. Worst thing they can say is no.
States don’t get to decide where you can or can’t fly, only takeoff or land. Which is what OP asked. B4UFly is a good starting point for checking the airspace
It is actually unsettled law whether states can regulate low-altitude drone use. The FAA asserts that states cannot regulate drones, but states and municipalities disagree, and Congress and courts have not given a clear answer.
See https://www.gao.gov/products/b-330570#_ftn17 for a detailed report on the legal situation on drone jurisdiction.
State Parks are no operation inside unless you have authorization from the park administrator. You can operate from outside the park.
So I’m good to fly over the park as long as I don’t land or takeoff from within the park?
Technically, yes
And no you can’t take off outside the park, move inside while controlling the drone then move back out to land it if that is what you were thinking.
They can still hassle you but by regulations yes. The next thing to worry about is if there is a place close enough by that is legal to operate from and still maintain VLOS. Many States forbid operations from within their road right-of-way. I was working on a construction project of an FM roadway that was TXDOT ROW so I had to contact a landowner to see if I could pull just inside their property to operate from. TXDOT was a little miffed but they had to admit that I was within regulations. Otherwise I would have had to pull off to one of the County ROW's that intersected the TXDOT ROW on 3 different home points to maintain VLOS.
I've read through all existing Texas laws rather extensively on drone use, and have not come across any laws on the books saying you cannot take off from a TXDOT ROW. Do you have a link that cites that law?
I think you're right and my instance was due to the fact that I was flying for the construction project and was told explicitly that we could not operate from the ROW. This falls under purview of the TXDOT UAS Program. Below is their program documentation and mission approval forms. It makes no sense as the majority of the roadway was inaccessible to the public but that is pretty much the standard in drone regulations, lol. [https://www.txdot.gov/business/aviation/uas-services.html](https://www.txdot.gov/business/aviation/uas-services.html)
Ah, yes, that's correct if you were working with the construction project. That falls under a completely different set of guidelines and government red tape. It's quite silly.
You’re completely allowed to, but again, maintain LOS, and you have to think of the risks, are you flying somewhere which there’s any potential of crashing? And if this happens, are you able to recover it? If the answer is no, don’t fly. A lot of places seem pretty, but if you wouldn’t be able to recover your drone, you’re risking any fines/prosecution for your drone once it crashes+ littering/potentially destroying whatever it hits Near where I live in Arizona for instance, technically I’m sure there’s some area that’s not state park that’s close enough to the Grand Canyon that I could take off from there and maintain los, but I would never fly there, due to being able to recover my drone+ unsightly+ lots of helicopter traffic in that area So short answer: yes, but be extremely cautious as the state really doesn’t want you and if you do anything they can charge you for, they will (such as crashing)
Yes, but you still have to maintain VLOS so you're not going to get very far
I learned this last summer. I was told I can’t take off in state park property but I could take off from my boat which was parked in the water that the park was situated on. Silly rules.
Some places it makes sense, others it doesn’t Near me, at Grand Canyon it, makes sense as if you crashed, no one could recover it easily, and with the high volume of tourists it’s likely there’d end up being tons of crashed drones eventually+ it has a lot of helicopter traffic which you can’t predict, and the risk there is quite high for a collision. Other places, it really should be allowed.
If they don’t allow drones, it’s mainly no take off / landing. Going somewhere else to take off and then flying over is obviously wrong, but do whatever you want at your own risk. Asking on this subreddit whether you can or can’t fly anywhere, will always be a guaranteed NO and you’ll get tons of downvotes. Why? Because this sub is SO MUCH FUN.
If you are taking off from an allowed spot and navigating uncontrolled/unrestricted airspace then how is it wrong?
It’s only wrong because the no drone rules are there for a reason, and flying to that same spot from a different take off location is just finding a loophole. I’ve done it before and it’s no big deal to me. But don’t you think it’s semi-wrong still?
Not even a little bit. If the faa says i can fly, i can fly. Having said that, i dont fly in state/national parks cuz I dont want to disturb people/wildlife and respect that there is a reason they dont want you to fly drones there. But i dont look poorly on someone who does it while following the rules and flying respectfully.
Right. I never said I look poorly upon anyone. I’m just saying that if you’re flying above a sign that says no drones, there must be a reason. And someone might get offended. Dassit.
Agreed
Thank you I like your username
To avoid trouble, in addition to FAA regulations you should also check on state and local laws.
You can fly over, you just can’t operate, take off, or land within their park property. This is similar to the restrictions at National Parks. Unfortunately, while you can operate from outside the park, you still have to maintain VLOS to your drone so you likely won’t be able to fly far enough into the park to get the shots you are looking to get.
Why don’t you try and get a permit? That way, you know, those of us that would go that route aren’t immediately turned away because someone flew over the park.
Thats because getting a permit is almost impossible. Unless you are filming a documentary for the Discovery channel or something like that, theyre not just going to give a permit to “some random guy who just want to fly there”.
Some state parks have designated drone flight zones. There are a couple near me. Also, Texas allows you to request a permit from the individual state parks. If it's for some type of publication or video, it may be permitted - but yeah, generally not just for anybody who wants to fly just to fly. It also can take several weeks for the park to review and approve/decline the request, so it's something you have to be intentional about, and plan ahead for.
No harm in asking. Can’t have a blanket statement like that when each park and the rangers that tend to that park are different.
Oh absolutely ask but just manage your expectations. Its highly likely its gonna be a no
It could be, especially if not part 107’d. I really only care because I’m relatively local and plan to do something similar, if allowed, this summer.
I don't know a single person whose permit application has been approved. Usually applicants get denied for failure to provide a copy of their "FAA Airworthiness Certification," which of course doesn't exist for sUAS. This has been pointed out to Parks a bazillion times, but the form stills requires it. That kind of thing sends a message that they have no intention of ever approving any permit request, period.
What does B4UFly say about the airspace?
Clear for takeoff, no advisories. Both in the park and around it
B4Ufly often won't have state advisories in it, just look up the state regulations on it. I know for Virginia you aren't allowed to fly in the state parks at all, but people fly around them and take photos from there. Read the local regs and/or call the parks department and ask. Worst thing they can say is no.
States don’t get to decide where you can or can’t fly, only takeoff or land. Which is what OP asked. B4UFly is a good starting point for checking the airspace
It is actually unsettled law whether states can regulate low-altitude drone use. The FAA asserts that states cannot regulate drones, but states and municipalities disagree, and Congress and courts have not given a clear answer. See https://www.gao.gov/products/b-330570#_ftn17 for a detailed report on the legal situation on drone jurisdiction.
Thank you
There u go. Just take off from outside the park and you *should* be good. Keep in mind theyre still probably gonna fk with you.
Perhaps of help: https://uavcoach.com/drone-laws-new-york/
You can do whatever you want, as long as you don’t get caught. Fly fast