Are Drone Regs Draconian?

STONE HARBOR – Stone Harbor Borough Council adopted an ordinance Nov. 6, 2018, restricting the use of drones within the municipality. The borough became one of a number of state municipalities seeking to ban or regulate the use of unmanned aircraft.
In almost all cases, local ordinances have sought to ban recreational use of drones and to limit commercial use, often requiring a permit for use of drones for acceptable business purposes.
A myriad of regulations is expanding daily as federal, state, and local laws are passed to govern the use of unmanned aircraft of all types. Drone enthusiasts are beginning to react, citing conflicts in the layers of regulations and seeking some understanding of where regulatory power resides.
Websites, blogs, and chat sites on the internet are multiplying as advocates for a more permissive approach to drone use seek ways to fight back.
One such individual wrote the Herald recently, stating that Stone Harbor’s ordinance “is a mess of words” and that “no state or local government can make a rule to regulate the airspace above them” because of preemption by the Federal Aviation Administration (FAA).
What Stone Harbor has done is to ban recreational use of drones in the borough and to severely limit commercial use, which it will control through a local permit process. The ordinance statement of intent says that the borough is restricting the use of civil unmanned aircraft systems “consistent with federal aviation rules and state law.” The borough takes this action “to protect the public from hazards associated with the operation of unmanned aircraft.”
What is Regulatory Environment?
The FAA claims ultimate jurisdiction over the nation’s airspace. On Aug. 29, 2016, it published its rules for small unmanned aircraft. Rules differ depending upon the use the drone is given.
For recreational drone users, the regulations include a required registration of the drone depending on size. The FAA site states that, “Even if you’re only flying in your backyard, drones that weigh more than 0.55 pounds must be registered.” It then goes on to delineate the rules that must be observed by any drone user.
The FAA differentiates its regulations for recreational and business use. It also sets different rules depending on the size of the drone. These regulations are still in some state of flux.
Recently, the Secretary of Transportation Elaine Chao announced proposed new rules which must still go through a process of review, public input, and final determination.
The State of New Jersey has its own drone laws restricting where drones may be used and even criminalizing the flying of a drone under the influence of alcohol. When New Jersey passed its most recent laws related to drone use, it became the 41st state to attempt regulation of unmanned aircraft.
Municipalities in the state have joined in the regulatory effort. Stone Harbor is just one of several municipalities in New Jersey adopting ordinances that set local rules for the use of drones.
Websites have sprung up across the internet along with mobile phone apps that all purport to inform potential drone users where they can fly. Yet, the laws and ordinances are coming faster than the apps are able to respond. 
This is especially true of local ordinances. None of the apps checked for this article reflected the action taken in Stone Harbor almost three months ago.
Some of the borough’s 12 operating requirements overlap with existing FAA rules but others do not, making it an added responsibility for the drone enthusiast to know local, as well as federal and state laws. This could be a problem with a large transient population that arrives at the Cape May County shore each summer.
The Stone Harbor ordinance does make provision for a permit to fly a drone for commercial filming or still photography production. A check with the borough shows that the process for obtaining such a permit has not been finalized, with draft forms still under review.
The borough does have some material available for those who ask questions about drone use, but the problem of potentially conflicting or simply additional information arises.
The material suggests the reader install the FAA app, B4UFLY, for assistance in “being a responsible drone pilot.” Yet, that app has no knowledge of any borough specific ordinance requirements.
The regulatory environment for drone use is far from clear and is in a state of flux. The proposed federal rules would ease certain requirements while local ordinances across the state appear to be adding regulation.
Legal challenges may eventually decide which sets of regulations preempt others. Meanwhile, the crowds of summer, probably with some drones in tow, are approaching.
To contact Vince Conti, email vconti@cmcherald.com.