Comments Being Collected on Drones Zones for Take-Off and Landing at Smith Rock and More
February 24, 2022
Have something to add to the rules-making on Drones Zones at Smith Rock State Park? You have until 5:00 PM, April 7, 2022. What does that mean? Well, it’s complicated if you think that’s a referendum on drones or no drones. That’s because Oregon has little authority over federally-managed airspace.
According to the Federal Aviation Association (FAA), only they can restrict airspace. Apparently, so does the National Park Service. They were able to ban them in June of 2014 with Policy Memorandum 14-05, where each superintendent was able to use the authority under 36 CFR 1.5 to: “prohibit the launching, landing, or operation of unmanned aircraft, subject to the certain conditions and exceptions set forth in the memo.”
This is in their FAQ:
Why did the NPS restrict unmanned aircraft?
The National Park Service embraces many activities in national parks because they enhance visitor experiences with the iconic natural, historic and cultural landscapes in our care. However, due to serious concerns about the negative impact that flying unmanned aircraft can have for the safety of visitors, staff, and wildlife, they have been restricted in all but a few parks.
Unlike national parks, state agencies can’t ban drones. Why? We can’t seem to find any documentation on that—just a reference to a 2015 law that reserved the power to even create rules regarding drones to the Oregon Legislature. However, the FAA does “recognize that drone safety is a partnership with local, state, tribal, and territorial government entities who have rights to regulate where drones are allowed to take off and land.” With the increased presence of drones in state parks and confrontations between user groups, the legislature knew it was time to act.
Fast forward to today. The Oregon Legislature has granted rule-making power to the parks. This rule-making session is about finalizing language regarding these “Drone Zones,” where take-offs and landings will be permitted. The Oregon Parks and Recreation Department (OPRD) Rule Advisory Committee met virtually on January 24 to review and discuss proposed changes to Oregon Administrative Rules. The agency intends to create rules to provide the clarity needed for drone pilots, hobbyists, and the general public to know where drone take-off and landing are allowed and prohibited within a state park and along the ocean shore.
Watch the Drone RAC Meeting from January 24, 2022
DRAFT OPRD Drone Take-off and landing rules (for parks vs ocean shore)
Text in BOLD would be an addition to the current rule. Black text is currently in rule.
Proposed Park Area Rules 736-010-0015 Definitions
(14) “Overnight Facilities” means everything within the campground including showers, campsites, cabins, yurts, parking areas associated with camping and other facilities for use by overnight visitors.
(21) “Public safety agency” means agency defined under ORS 181A.335(15).
(26) “Unmanned Aircraft System” means device defined under ORS 837.300(4).
OAR 736-010-0040 Visitor Conduct
(9) A person may take off or land an unmanned aircraft system, commonly known as a drone, on park property unless otherwise restricted in an “Unmanned Aircraft System/drone take-off and landing prohibition” zone published on the state park website.
(a) Take-off and landing of an unmanned aircraft system must be done in a manner that is reasonable and prudent relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other park users.
(b) As provided in OAR 736-010-0055, park visitors may not harass, disturb, pursue, or injure wildlife.
(c) OPRD overnight facilities are “Unmanned Aircraft System/drone take-off and landing prohibition” zones.
(d) Take-off and landing an unmanned aircraft system in an “Unmanned Aircraft System/drone take-off and landing prohibition” zone may only be conducted with a permit or written permission of the park manager or designated employee.
(e) Public safety agencies may take off or land in emergencies without prior approval.
(f) “Unmanned Aircraft System/drone take-off and landing prohibition” zones will be designated by the director or designee based on visitor safety, sensitive natural, scenic or cultural resources, or user conflict. Proposed zones will be posted on the department website for a minimum of 30 days prior to the effective date.
(g) Take-off or landing of an unmanned aircraft system in a “Unmanned Aircraft System/drone take-off and landing prohibition” zone without permission is a class A violation.(10) A person must obtain a special use permit from the department for any activity or use as described in OAR 736-016-0005(1), including but not limited to an activity or use within a park property that:
(a) Is an organized group activity or event attended by over 50 people;
(b) Uses a portion of a park property to the exclusion of other persons or the department;
(c) Modifies or embellishes the park property, or places structures, such as tents, chairs, arches, and similar structures on the park property in a manner outside of normal recreational use, as determined by the park manager or enforcement officer;
(d) Uses public-address, amplification or lighting systems, other than those designed for personal use; 2
(e) Charges money for participation or admission;
(f) Involves the sale of products or services;
(g) Could disturb the natural, cultural, scenic and recreational resources in the park property or adjacent areas;
(h) Could pose a safety or access concern for other park users or for those involved in the event or activity.
(i) Involves the take-off and landing of unmanned aircraft system in “Unmanned Aircraft System/drone take-off and landing prohibition” zones as provided in section 736-010-0040(9).
Comments can be made online via the button below, or:
Mail: Oregon Parks and Recreation Department, Attn.: Katie Gauthier, 725 Summer St NE, Suite C, Salem OR 97301
E-mail: OPRD.publiccomment@oregon.gov.
“While we allow any type of comments, the most helpful comments are about the specific proposed rule language. If there are areas that are unclear or individuals feel should be strengthened or changed, that is most helpful to the process. If individuals would like specific rules added or removed, it is helpful to understand why. Specifically with individuals who have experienced issues regarding drones at Smith Rock, sharing a little about those experiences and how they would like to see rules changed to address this concern is valuable.”