So, for the armchair lawyers out there.  Connecticut, Department of Environment Protection (DEP) has a regulation prohibiting "disorderly conduct" in state parks.  (so none of you guyr or gas better streak in a state park), and they are using that regulation to prohibit my flying saying it is "dangerous".  


Question:

1) can the DEP make a caprecious decision that flying a drone is dangerous?
2) will anyone bail me out if I "test" the rule


thanks

Bruce

Have you emailed the state department and asked them if they have any policy?

Better yet email one of your state elected officials... And if you are in the county the Sheriff is an elected official... Just saying..

Is the state park the only place you want to fly?  In other words, there are millions of places to go why waste your time fighting the state?

Google it and see what comes back. If it is in your favor, print it out and bring it with you if you want to go through the Hassle. I am in RI next to you. I have flowing State Parks but I really don't care for it as it draws a curious crowd. I don't like people talking to me while flying and I do not like people around me in case something goes wrong.

1) Yes
2) Unlikely

Unfortunately, DEP (among other state agencies) can and do formulate and enforce regulations. Whether or not they have to right to enforce any particular rule can be questioned, but that requires time and money. If it is a DEP regulation, it is _unlikely_ they can jail you for it (making your second question moot). However, they can levy a fine and confiscate your drone. Arguing the point when receiving the violation notice is a bad idea - if you are "resist" than you may be subject to arrest. It would also hurt you case if you decide to fight it.

I'm in NY. My understanding is that the Parks Department has prohibited UAVs in all state parks. However, there are several parks with designated flight areas (primarily set up for model RC plane groups). To fly in those areas, you need an AMA membership PLUS each park issues a permit (to collect $$ from the public). One park even requires a license of some sort. It can get expensive to obtain all the documents and even that limits you to a small area to fly in.

Suffolk County on Long Island supposedly approved legislation prohibiting drones from flying over county property. Although the original reason was privacy (they were afraid people owed photograph sensitive documents through county office windows) the rule includes all county facilities - i.e. parks.

I'm not agreeing with any of the above. The NY info is what I have seen references to, but cannot find any official information to support it (aside from the permitting system at some parks).

Unfortunately, rules and laws like this are only going to become more prevalent. There is much debate as to if these rules are legitimate as some claim only the FAA can regulate airspace. I just bought my first Phantom and am confused as heck on where I am allowed to fly.

If a DEP officer tells you not to fly, you best listen. Check with the DEP website for rules. If you can't find anything, call them and ask for the written rule prohibiting flight.

If you want to get these type of rules changes, get to your elected officials. They are the only ones who can  control these agencies.

I'm from CT also and have flown around several parks and had no run ins with DEP. They are more focused on finding illegal hunting, fishing, and general contamination of property with hazardous materials I highly doubt they are out looking for Phantom Pilots. Plus I think the whole thing comes down to they can't control the air, that is up to the FAA. They may be able to say you can't take off from inside state park but they can't stop you from flying over a state park. Unless of course you harass wildlife with your Phantom which then falls under there jurisdiction. I hope this isn't the case because there is lots of great land in CT that the state owns and it has very little foot traffic if any and is great for flying over and photographing.

In Florida it is illegal to take off or land in a state park (the law was written for full size aircraft, but written in such a way that it can be enforced with UAV's too).  I've talked to park rangers and they said that if other rangers wanted to, they could also issue tickets for interfering with protected birds, disturbing the peace , or a number of other things.  You could probably fight those in court and win, but it would cost you a lot of money to prove your point.

dji.blitzk Posted at 2015-10-13 20:18
In Florida it is illegal to take off or land in a state park (the law was written for full size airc ...

Bruce in orange county California no flying unmanned aircrafts at the state parks also the local city ordinance Dana Point Ca will not allow drone flying I did not get the number on the sign but.......
we found a empty lot high above the harbor and had a great time flying!
Happy for you bruce have fun Brother!

I would not recommend confronting with them directly.  Like other people said, you can call them and ask them to clarify this issue in written form. Then talk to your state representative about this issue.

I found this at the CT Department of Energy and Environment Protection.  http://ct.gov/deep/cwp/view.asp? ... mp;deepNav_GID=1650
I realize this is an old post, but thought it might be useful for someone searching as I was about this.  

Use of Remote Controlled Aircraft or "Drones"

The use of remote controlled model aircraft or “drones” is prohibited at Connecticut State Parks, State Forests or other lands under the control of the Department of Energy and Environmental Protection, unless specifically authorized by the Commissioner in a Special Use License.

Remote control aircraft and drones fly at low altitudes, and rely on a fuel or battery motor to stay aloft.  Failure of the motor or other equipment will result in an uncontrolled decent, which could result in injury to others or damage to state or personal property.  Additionally, the operation of these aircraft by an untrained pilot also creates risk of injury and/or property damage.  As there is currently no licensing requirement for pilots, there is no reliable mechanism for DEEP to be assured of pilot competence.  This type of potentially hazardous activity is prohibited by our Park and Forest Regulations (Regulations of CT State Agencies §23-4-1 (o)).

The operation of these aircraft are noisy.  Activities that create noise which infringes on the ability of other park goers to enjoy their visit to the park or forest is prohibited by our regulations at §23-4-1(x).  Impacts of this noise on wildlife in our parks and forests is another concern.  Activities that are disruptive to wildlife are prohibited by our regulations at §23-4-1(b).

If you have questions or need additional information on Connecticut State Parks and Forests, please contact the State Parks Division by e-mail at deep.stateparks@ct.gov or by phone at 860-424-3200.

Content Last Updated December 2015

In the State of CT if you use drones in a state park. be aware it is prohibited. a simple search on line will tell you this. with the exception of a special use permit. but you probably need a part 107 before they will even consider giving you one.

LEOs in Alabama have used "disorderly conduct" and "disturbing the peace" for years as a means to discourage lots of things they personally don't like, especially open carry of firearms. The state legislature and attorney general have been working on clarifying statutes to make them more clear to stop this abuse of power.   

FatherXmas Posted at 2017-9-11 08:29
LEOs in Alabama have used "disorderly conduct" and "disturbing the peace" for years as a means to discourage lots of things they personally don't like, especially open carry of firearms. The state legislature and attorney general have been working on clarifying statutes to make them more clear to stop this abuse of power.

I tote "heat" everywhere in Alabama and Georgia. No problems so far.  Do not fly on any state parks tho.

Frustrating that there are rules that don't make sense!  My drone does make some noise... but it's not overbearing.... It can fall... but the FAA says not to fly overhead.... We don't have to be licensed, but most folks (not all... but most) folks who spend $2K on a drone have some responsibility (and a written test can't judge that).  Just makes me sad.

ALABAMA Posted at 2017-9-11 09:03
I tote "heat" everywhere in Alabama and Georgia. No problems so far.  Do not fly on any state parks tho.

That's one of the things that was cleared up last year. The new statute specifically names open carry as not a reason for disturbing the peace and all the other bogus charges some jurisdictions were using.