Agencies Responsible for regulating drones in New York State
FAA Drone Website: https://www.faa.gov/uas/
UAS Laws – General rules for flying drones in NY State
Drone operation in NY State is broadly governed by The Federal USA agency responsible for drone safety, the FAA. Click here for details on FAA USA Drone Laws.
In addition, the NY State legislature has enacted several supplemental rules specific to NY State drone operations. The highlights are enumerated below.
Are drones allowed in NY State?
Drones are allowed in NY State for recreational and commercial use, subject to FAA regulations and flight controls put in place by local governments. Read on for details.
Specific additional drone use laws by New York State legislature
This state-wide rule prohibits all drone operations in New York’s state parks and historical sites without prior written approval. Special UAS permits for flying drones specify times, locations, and type of use permitted under the conditions of the authority and discretion of OPRHP. Non-permit holders—or those awaiting approval—must not launch, land, or operate UAS in NY State Parks.
Specific additional UAV laws by local governments within NY State
City Of Syracuse Drone law: The city bans the use of drones by city officials until adequate federal and state laws are passed regarding the government’s use of drones in a manner that protects citizens’ 1st and 4th amendment rights.
Click here for details on New York City Drone Laws
NYC Administrative code requires a drone operator to take off or land in specific places designated by the department of transportation or the port of New York authority. The code also makes it unlawful for a drone operator navigating drones to take off or land, except in an emergency, at any other place within the city’s limits. The rule serves to limit take-off and landings to regulated heliports and airports. The city later created a general restriction declaring all drone flights in New York City illegal.
Changes Coming in the Future
New York State Legislature has taken up and is considering a number of proposed bills. We highly recommend checking with the local jurisdiction for the latest information.
Notes for recreational drone pilots flying for fun in NY State
If you have a small drone that is less than 55 pounds, you can fly recreationally by following the Drone Laws in the USA defined by FAA Part 107 guidelines.
Recreational UAS operations (i.e., flying for recreational purposes) in NY State are approved under Federal law, specifically the FAA Part 107. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.
Following these rules will keep you and your drone safe and will help keep the airspace available to everyone.
- Fly only for recreational purposes (enjoyment).
- Follow the safety guidelines of an FAA-recognized Community Based Organization (CBO). Note: We have not yet begun officially recognizing CBOs. Recreational flyers should follow the safety guidelines of existing aeromodelling organizations or use the FAA-provided safety guidelines per Advisory Circular 91-57B.
- Keep your drone within the visual line of sight or use a co-located visual observer (physically next to) and in direct communication with you.
- Give way to and do not interfere with crewed aircraft.
- Fly at or below 400′ in controlled airspace (Class B, C, D, and E) with prior authorization by using LAANC or DroneZone.
- Fly at or below 400 feet in Class G (uncontrolled) airspace. Note: Drone flights may be prohibited in certain airspace or may require FAA authorization. A drone pilot can find navigable airspace, other Classes of airspace, and flying restrictions on our B4UFLY app or the UAS Facility Maps webpage.
- Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage.
- Have a current registration, mark (PDF) your drones on the outside with the registration number, and carry proof of registration with you.
- Do not dangerously operate your drone. For example:
- Do not interfere with emergency response or law enforcement activities.
- Do not fly under the influence of drugs or alcohol.
- Avoid flying near or over critical infrastructure.
Recreational drone pilots should know that if they intentionally violate any of these safety requirements and/or operate their drone flight carelessly or recklessly, they could be liable for criminal and/or civil penalties.
Hobbyist rules in Parks, Recreation and Historic Preservation
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.
Locations listed by New York City Parks with more details on where drones are allowed or not: NY City Parks Drone Website
Check your county park for similar restrictions.
Notes for Commercial Drone Services operations in New York State
If you have a small unmanned aircraft that is less than 55 pounds, you can fly for work or business by following the Drone Laws in the USA defined by FAA Part 107 guidelines.
Commercial drone operations in NY State are approved under the FAA Part 107. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.
There are three main steps drone owners must follow To fly under Part 107 rules:
Step 1: Learn the Rules
- Make sure you understand what is and is not allowed under Part 107 rules. Review a summary of the Part 107 rules (PDF). Still unsure if Part 107 rules work for you and your intended UAS operation? Check the FAA user identification tool.
- Some operations are not covered by Part 107 and will require a waiver. Here are some common examples of Part 107 sections that are subject to waiver:
- Operation from a moving vehicle or aircraft (§ 107.25) *
- Daylight operation (§ 107.29)
- Visual line of sight aircraft operation (§ 107.31) *
- Visual observer (§ 107.33)
- Operation of multiple small unmanned aircraft systems (§ 107.35)
- Yielding the right of way (§ 107.37(a))
- Operation over people (§ 107.39)
- Operation in certain airspace (§ 107.41)
- Operating limitations for small unmanned aircraft (§ 107.51)
- *The FAA will not waive this section to allow the carriage of property of another by aircraft for compensation or hire.
- If your operation will require a waiver, read about the Part 107 Waiver application process.
- Commercial Drone Pilots should avoid flying near airports because it is difficult for manned aircraft to see and avoid a drone while flying. Remember that the UAS operator must avoid crewed aircraft and are responsible for any safety hazard their drone creates in an airport environment. Read more about flying near airports.
Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test
- To be eligible to get your Remote Pilot Certificate, you must be:
- At least 16 years old
- Able to read, write, speak, and understand English
- Be in a physical and mental condition to safely fly a UAS
- Review the entire process to get your Remote Pilot Certificate.
- Study for the Knowledge Test by reviewing the Test Prep materials provided by the FAA.
- Obtain an FAA Tracking Number (FTN) by creating an Integrated Airman Certification and Rating Application (IACRA) profile before registering for a knowledge test.
- Schedule an appointment to take the Knowledge Test at an FAA-approved Knowledge Testing Center.
- Once you’ve passed your test, complete FAA Form 8710-13 for a remote pilot certificate (FAA Airman Certificate and/or Rating Application) using the electronic FAA Integrated Airman Certificate and/or Rating Application system (IACRA)*
- You are now eligible to operate as a commercial drone pilot
Step 3: Register your drone with the FAA
- Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy to register.
- Visit dronezone.faa.gov and select “Fly sUAS under Part 107” to create an account and register your drone.
- Once you’ve registered, mark your drone (PDF) with your registration number if it gets lost or stolen.
Commercial rules in Parks, Recreation and Historic Preservation
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).
Useful published information on flying drones in NY State
We have partnered with the FAA and other drone enthusiasts in supporting an internet educational campaign called Know Before You Fly. The tips, pointers, and resources apply to NY State Drone Users also. Please visit the site for additional information: Know Before You Fly.
Association for Unmanned Vehicle Systems International – Mostly for commercial drone service providers and users.
Academy of Model Aeronautics – Mostly for hobbyists
NOTE: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model aircraft, toy aircraft, Remote controlled aircraft, and RC aircraft may be covered by the same regulations unless specified.
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