Flying in National Parks is only illegal if you take off and land on NPS land. If you take off from public or private property and fly over the park the FAA controls the air space not the NPS.
This is one of many posts from Legal News & discussion. He was flying over Fort McHenry from a city street.
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I had a pretty interesting encounter with NPS Rangers this morning. I was flying outside of Fort McHenry from a city street. After I was done they came out. I kept it as polite as possible but also wasn't going to back down from what the established rules are.
ME: Good morning ranger, how are you today?
RANGER: Can I see your ID?
ME: not at this time, why would you want to see my ID?
ranger: because you were flying over NPS property.
ME: Why yes I was, but there's nothing illegal about that.
RANGER: You are not allowed to fly on NPS property.
ME: You are correct. That is why I am standing on a public Baltimore City sidewalk.
RANGER: That's still not allowed.
ME: incorrect. the memorandum states i cannot take off, land or operate from NPS property.
At that time, i pull out the printed 2014 memorandum, show him its from the director of NPS and the area I highlighted. I ask if he would like me to read it. He said yes. He then says over the walkie "He's flying from a public sidewalk." Another Ranger comes out in his vehicle. At this point I'm thinking that I've proved my point and this is getting ridiculous. Second ranger asks what I'm doing, i explain flying from public property according to the rule laid out by your NPS director. then...
2ND RANGER: Well you were flying out of line of sight.
ME: Incorrect, I could see my drone at all times and even regularly looked below as to not fly directly over people.
2ND RANGER: Baltimore City has an ordinance against drone and flying out of line of sight
( I have found no such ordinance)
ME: I have no knowledge of that ordinance but if they do, great, safety first and again I could see my drone at all times.
2nd Ranger: Once you go past that statue you cant see your drone
ME: Have you ever flown a drone sir?
2ND RANGER: no
ME. Then how can you tell me, a person who has been flying for 4 years that I couldn't see my drone in a clear sky with no visible obstructions. Also, that too is out of your jurisdiction as I am on city property.
2ND RANGER: Have a good day.
ME: You too, goodbye
I think it is very important that if you are flying near or over NPS property to have the memorandum with you as clear evidence of the rule. The encounter was mostly pleasant but I don't know how they would have acted if I couldnt prove their own rule right away."
You can find the memorandum here:
To:
This all is fine as long as there is no Critical Infrastructure on said land. If there is your pretty much screwed trying to fly there even with permission. It all falls under agreements between the municipal water districts, Army Corps of Engineers, Dept of Homeland Security, and the FAA and is legal under “special rules to protect infrastructure”. If you spend some time on the phone with the water agencies you can obtain full copies of the regulatory agreement.
Getting ahold of the right person to get permission is not very easy. They are not marked on aerial navigation charts.