No Fly Zones: Where You Can and Cannot Fly a Drone in NJ

You have questions, we get you the answers.

Our latest Asked & Answered column deals with drones.

Drone flying for purposes of recreational enjoyment or for commercial business purposes is quite popular in New Jersey.  But New Jersey and the federal government have strict rules in place that determine where, when and how high you can fly.

Many municipalities have also adopted their own ordinances restricting, or even banning, drones.

Below are the answers to some of the most common questions I am asked about flying drones in the Garden State.

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As always, this is not intended to cover all scenarios, and it is up to you to know the law and be in compliance.  Violations can include stiff monetary fines and possible jail time.

What is a drone?

A drone is essentially an unmanned aircraft. Their operation is governed by the Federal Aviation Administration.

Technically called an unmanned aircraft system (UAS), drone under 55 pounds are permitted to be flown by members of the public for both recreational and commercial purposes.

So, I can just buy one and let it fly?

Uh, no. Especially not in New Jersey.

There are a lot of areas in New Jersey where it is illegal to fly a drone.  (I get into the specifics below).

There are also limits to how high you can fly.

The first thing you have to determine is whether your flight is truly recreational or commercial.

According to the FAA:

The rule for operating unmanned aircraft systems (UAS) or drones under 55 pounds in the National Airspace System (NAS) is 14 CFR Part 107, referred to as the Small UAS Rule.

However, if you want to fly a drone for purely recreational purposes, there is a limited statutory exception ("carve out") that provides a basic set of requirements.

How are drones regulated in New Jersey?

Aside from the general FAA rules governing drone piloting in the United States, New Jersey has its own set of regulations.

Drone fights are generally regulated by the New Jersey Department of State and the New Jersey Motion Picture & Television Commission.

From the state website:

New Jersey's unique landscapes are beautiful on ground level and even more awe-inspiring from the sky. When doing aerial photography in the Garden State, however, there are very important rules and regulations that must be adhered to.

Drones are permitted in New Jersey for recreational and commercial use, but are subject to FAA regulations and flight controls put into place by local governments.

Drone operators are required to be FAA Certified and follow standard federal guidelines.

Maintaining proper distance from no-fly-zone locations, such as airports, and avoiding highly populated areas are just two of the safety precautions that must be considered.

Drone operators must obtain permission from the controlling entities in the areas where drone photography will be taking place: local municipalities, parks departments, the Department of Transportation, etc. In some cases the State Police, must be formally notified.

For specific information and guidance on the use of drones in New Jersey, contact the New Jersey Motion Picture & Television Commission:
njfilm@sos.nj.gov

Are there general rules I need to know before I begin?

Yes.

The default regulation for drones weighing under 55 pounds is Part 107.

Almost all non-recreational drone flying is regulated by Part 107.

What does 'purely recreational use' mean?

Many people assume that a recreational flight simply means not flying for a business or being compensated. But that's not always the case. Compensation, or the lack of it, is not what determines if a flight was recreational or not.

Before you fly your drone, you need to know which regulations apply to your flight.

How do I do that?

If you are not sure if Part 107 rules work for you and your intended operation, check the FAA  user identification tool.

Are there additional restrictions?

There are.

Regardless if you are a recreational or commercial flier, you may need a waiver to fly under certain conditions.

These include:

• Operation from a moving vehicle or aircraft - §107.25
• Operation at Night - §107.29(a)(2) and (b)
• Operation of multiple small unmanned aircraft systems - §107.35
• Operation over human beings - §107.39
• Operation in certain airspace - §107.41
• Operations Over Moving Vehicles - §107.145

You can learn more about Part 107 Waivers by clicking the link.

Do I need a license to fly a drone in New Jersey?

If you are using your drone for purely recreational purposes, the general answer is no.

However, both the FAA and the state of New Jersey recommend you get FAA certified.

Certification is completed by passing The Recreational UAS Safety Test or TRUST.

Recreational flyers are encouraged to take and pass TRUST at their earliest opportunity and carry proof of passage when flying.

Does my drone need to be registered in New Jersey?

The FAA does require you to register your drone, whether for recreational or commercial use.

You can get more information and register by clicking this link. FAADroneZone website.

What are the general rules about flying a drone for recreational purposes?

• You must fly for hobby or recreation ONLY (no side jobs or in-kind work allowed).
• You must fly within a visual line of sight.
• You must follow community-based safety guidelines and adhere to any additional state or municipal restrictions
• You must fly a drone under 55 lbs.
• You must never fly near other aircraft.  This includes large airports like Newark, as well as smaller public and private airport locations
• You must fly in Class G airspace. If you need to fly in Class B, C, D or E controlled airspace, you need to apply for airspace authorization. Check out the LAANC authorization guide to better understand how that authorization process works.
• You must never fly near emergency response efforts.  This includes over accidents, fires or other situations that require police, fire or other public safety crews to respond.

Source: uavcoach.com

What are the general rules for 'commercial use' of a drone in New Jersey?

• You must hold a Remote Pilot Certificate issued by the FAA to fly commercially.
• Your UAV must weigh less than 55 pounds, including payload, at takeoff.
• You must fly in Class G airspace.
• You must keep your UAV within visual line-of-sight.
• You must fly at or below 400 feet.
• You must fly at or under 100 mph.
• You must yield right of way to manned aircraft.
• You cannot fly from a moving vehicle.

Note: waivers may be granted in certain circumstances.  You can learn more, and apply for a waiver by clicking this link.

Source: uavcoach.com

General information about usage of drones can be found HERE.

Can I fly over the beach at the Jersey Shore?

It depends, but generally no.

There are rules about flying over people, especially if you are taking photos or video. That is considered a commercial use of a drone.

A growing number of shore towns have also banned the use of drones.

What New Jersey towns have banned or restricted drone use?

As of this writing, Allendale, Franklin Lakes, Long Beach Township, Point Pleasant Beach, Ventnor, Wayne and Wildwood.

In addition, Middlesex County and the Palisades Interstate Park Commission have also banned or restricted drone use.

Is that legal?

In New Jersey it is.

Drone restrictions have been successfully challenged in court in a number of other states, but there have been no rulings striking them down in New Jersey.

Can I fly my drone in a New Jersey state park?

No.

As of 2015, New Jersey banned the use of drones in all state parks to protect the health and safety of parklands and waters as well as park guests.

This is for both recreational and commercial use.

However, individuals who can demonstrate both the necessity and safety of a flight may apply for a waiver.

These waivers are almost never granted for recreational flights, and are typically reserved for government agencies, emergency responders and university research projects.

You can apply for a waiver by clicking HERE.

How do I know where it is legal to fly a drone in New Jersey?

The FAA provides a free mobile app called B4UFLY that can be downloaded to your phone.

It provides real-time updates on any airspace restrictions over any latitude and longitude in the state.

It also provides data on flight ceiling limitations and map-based boundaries.

You can download the app by clicking HERE.

Can I fly my drone over a state forest in New Jersey?

No.

New Jersey bans the flight of all drones over state forest lands.

This is for both recreational and commercial use.

However, individuals who can demonstrate both the necessity and safety of a flight may apply for a waiver.

These waivers are almost never granted for recreational flights, and are typically reserved for government agencies, emergency responders and university research projects.

You can apply for a waiver by clicking HERE.

Can I fly my drone over my neighbor’s house in New Jersey?

Technically, yes.  And if that is all you are doing.

A person does not own the airspace over their home and property.  All airspace is regulated by the FAA.  The airspace is considered a right of way, and as long as your drone does not interfere with your neighbor’s ability to use his home or property, you have the right to fly there.

However, if you are using the drone to take pictures or video or look inside windows or other private areas, you could face charges.

The FAA has said they “do not prohibit flying model aircraft over a private residence unless it is operated in an unsafe manner”

Can I shoot a drone in New Jersey?

Technically, yes, but probably not.

There may be no specific law prohibiting shooting a drone per se but there are laws governing the discharge of a firearm.

In 2014, a man in Cape May used a shotgun to take out a drone that was flying in his neighborhood.  At the time, a spokesman for the Attorney General told NJ.com, “There are not any AG directives or guidelines on drones — or shooting down drones.”

The man did, however, face charges of possession of a firearm for an unlawful purpose and criminal mischief.

Can I fly a drone for a living?

Absolutely.

Drone pilots have been in greater demand, especially for taking images and video for real estate, film, TV, tourism and even for the inspection of power lines and other infrastructure.

Do drone pilots make good money?  

They can.

The website Finance Buzz reports freelance aerial photographers can between $250 to $350 per session.

Salary.com says the average base salary for UAV pilots is $83,000 and up to $100,000.

How much does a drone cost?

It depends.

Like any equipment, the cost varies widely based on what you want it to do and how it is equipped.

A basic drone can be as little as $50 and high-end professional models can cost upwards of $10,000.

Expect to pay around $300 for an entry-level camera drone.

Higher-end camera and video drones that come with image and flight stabilization will cost $3,000 or more.