In California, drone operators must adhere to both federal and state laws, making it crucial to understand the nuances of these regulations before taking flight.
Federal Drone Laws in California
At the federal level, the Federal Aviation Administration (FAA) governs drone operations across the United States, including California. Whether you're flying for commercial purposes or recreational enjoyment, you must comply with federal regulations.
For commercial drone pilots in California, operating under FAA's Part 107 Small UAS Rule (Part 107) is mandatory. This involves passing the FAA's Aeronautical Knowledge Test to obtain a Remote Pilot Certificate. This certification ensures that commercial operators understand airspace regulations, safety protocols, and operational limitations.
Hobbyist drone pilots, flying for recreational purposes, also fall under FAA regulations. They are required to take The Recreational UAS Safety Test (TRUST) and follow the FAA's recreational model aircraft rules. Additionally, drones weighing over 0.55 lbs (250g) must be registered with the FAA, with a nominal fee of $5. These rules encompass various aspects, including airspace restrictions, altitude limitations, and maintaining visual line-of-sight while flying.
Government employees, such as those working in law enforcement or firefighting departments, have two options for drone operation in California. They can either operate under Part 107 rules or obtain a federal Certificate of Authorization (COA) for specific operational requirements.
State Drone Laws in California
In addition to federal regulations, California has enacted several state-wide laws concerning drone usage, crafted by the California State Legislature.
1. SB 807 (2016):
This law grants immunity to first responders who damage a drone that interferes with their emergency services.
2. AB 1680 (2016):
It's considered a misdemeanor to obstruct first responders during emergencies, ensuring their unimpeded operation.
3. AB 856 (2015):
This law prohibits the invasion of an individual's privacy by entering their airspace without consent, specifically addressing concerns regarding unauthorized aerial surveillance.
4. AB 2655 (2020):
First responders are restricted from capturing images of crime scenes without a valid reason, extending privacy protections in sensitive situations.
5. California Department of Parks & Regulations (Cal. Code Regs. title. 14, § 4351) (2015):
Within State Park wilderness, cultural, and nature preserves, drone usage is prohibited, safeguarding natural habitats and visitor experiences.
6. PO 925-19-32 (2019):
Specific to Orange Coast District park units, including Bolsa Chica State Beach and Huntington State Beach, the regulation bans model aircraft and UAS operation, preserving public safety and park integrity.
Local Drone Laws in California:
In addition to federal and state drone laws, various regions, cities, and counties within California have enacted their own regulations to address specific concerns related to drone usage. Understanding these local laws is crucial for drone operators to avoid legal issues and ensure responsible flying practices. Let's delve into some of these local ordinances and regulations across different areas of California:
Town of Los Alamitos—Municipal Ordinance (2018):
This ordinance imposes restrictions on drone flight and activity within the town, aiming to maintain safety and privacy within the community.
City of Yorba Linda—Municipal Ordinance (2017):
Yorba Linda's ordinance prohibits drone takeoffs and landings outside of the pilot's visual line of sight, near individuals or private property without consent, and within 500 feet of special events or emergency responses without a permit.
Town of Calabasas—Municipal Ordinance (2017):
This ordinance empowers local authorities to enforce FAA regulations and imposes limits on drone proximity to schools and public events, ensuring the safety and security of residents.
City of Hermosa Beach—Ordinance 16-1363 (2016):
Hermosa Beach mandates drone operators to obtain operating permits and abide by privacy laws, safeguarding individuals' privacy rights and enhancing public safety measures, particularly around schools and private properties.
Sacramento County—County Code 9.36.068 (2018):
This county code restricts drone usage in Sacramento County parks unless permitted by the Director, emphasizing the conservation of parklands and wildlife habitats.
San Francisco—Park Code Sec. 3.09 (1981):
San Francisco's park code prohibits drone usage in city parks without permission from the Recreation and Park Department, preserving the tranquility and natural beauty of these public spaces.
Santa Clara Valley Open Space Authority—Regulations Sec. 11.01.01 (2018):
This policy prohibits drone usage on properties managed by the Santa Clara Valley Open Space Authority, except for authorized activities such as search and rescue operations or law enforcement activities.
MidPeninsula Regional Open Space District Lands—Regulations Sec. 409.4 (2014):
Drones are prohibited on properties managed by the MidPeninsula Regional Open Space District unless in designated areas or with a written permit, emphasizing conservation efforts and visitor safety.
Orange County Parks:
Certain Orange County parks prohibit drone operations, underscoring the need to review park regulations to ensure compliance with local ordinances.
City of La Mesa—Municipal Ordinance (2005):
La Mesa's ordinance prohibits drone operations in city parks, promoting a peaceful and enjoyable environment for park visitors.
City of Malibu—Filming Permit:
Commercial drone operators in Malibu must obtain a filming permit to operate within National Park airspace, facilitating responsible and regulated drone usage for various purposes, including real estate photography.
Mountains Recreation & Conservation Authority—Park Ordinance (2018):
Drones are prohibited in parks owned and operated by the authority without a permit, prioritizing conservation efforts and visitor experiences.
National Parks:
Municipal ordinances and National Park Service regulations prohibit drone usage in designated areas within city-owned parks and Golden Gate National Parks, ensuring the preservation of natural habitats and minimizing disturbances to wildlife.
City of Rancho Palos Verde—Municipal Ordinance (1991):
This ordinance restricts drone operations on city-owned property unless permitted, maintaining safety and privacy within the community.
City of Napa—Municipal Code 12.36.130:
Napa's municipal code prohibits drone operations in city parks, promoting a peaceful and serene environment for park visitors.
As drone technology continues to evolve and become more accessible, it's essential for operators to stay informed about local regulations to ensure responsible and lawful drone usage. By adhering to these regulations, drone enthusiasts can enjoy their hobby while respecting the rights and safety of others and contributing to the preservation of natural environments across California.
The information provided in this blog post is intended for informational purposes only and should not be considered as legal advice. Drone regulations are subject to change, and it is the responsibility of drone operators to stay updated with the latest laws and regulations in their respective regions. While efforts have been made to ensure the accuracy and relevance of the information presented, readers are encouraged to consult with legal professionals or relevant authorities for specific guidance regarding drone operations in their areas. The author and publisher of this blog post disclaim any liability for any actions taken by individuals based on the information provided herein.