New Jersey, with its varied terrain ranging from bustling cities to the scenic Jersey Shore, offers a variety of opportunities for drone pilots. However, before you launch your drone into New Jersey’s skies, it’s crucial to understand the regulations that govern its use. This guide provides an overview of the drone laws in New Jersey, covering everything from federal FAA regulations to state-specific statutes and local ordinances.We will explore the key state laws that every drone pilot in New Jersey must follow, as well as the overarching federal rules that apply nationwide. By the end of this guide, you will have a clear understanding of how to understand the legal landscape of drone operation in New Jersey.

Federal Drone Laws That Apply in New Jersey

All drone pilots operating in New Jersey must adhere to the regulations set forth by the Federal Aviation Administration (FAA). These rules provide a baseline for safe and legal drone operation throughout the United States.

A key requirement is drone registration. Any drone weighing more than 0.55 pounds (250 grams) must be registered with the FAA through their DroneZone website. This registration costs $5 and is valid for three years. Furthermore, as of September 16, 2023, all registered drones must be equipped with Remote ID capability. This technology functions as a digital license plate, broadcasting the drone’s identification information to ensure accountability and safety in the airspace.

For those flying for business or other non-recreational purposes, obtaining a Part 107 certificate is mandatory. This requires passing an aeronautical knowledge test and being at least 16 years of age. Recreational flyers, on the other hand, must pass The Recreational UAS Safety Test (TRUST) and carry proof of completion while operating their drones.

Operational limitations are also a critical component of FAA regulations. Drones must be flown at or below 400 feet in uncontrolled airspace (Class G) and must always remain within the pilot’s visual line of sight. Flying in controlled airspace (Class B, C, D, and E) is only permitted with prior airspace authorization obtained through LAANC or the FAA DroneZone.

For more detailed information, you can visit the FAA DroneZone and use the B4UFLY app to check airspace restrictions before you fly.

New Jersey-Specific Drone Laws

In addition to federal regulations, New Jersey has enacted its own laws regarding the operation of unmanned aircraft systems. The primary legislation is P.L. 2017, c.315, which outlines several key provisions and penalties.

The law establishes several key offenses. It is a disorderly persons offense to operate a drone in a manner that endangers the life or property of another. The state takes the security of its correctional facilities very seriously; flying a drone on or near a correctional facility is a fourth-degree crime, while using a drone to conduct surveillance of such a facility is elevated to a third-degree crime. Furthermore, it is a fourth-degree crime to interfere with a first responder who is actively engaged in an emergency response. The state also protects its wildlife, making it a disorderly persons offense to use a drone to hunt or harass wildlife. Operating a drone while under the influence of alcohol or drugs is also classified as a disorderly persons offense. A crucial aspect of this legislation is its preemption clause, which establishes that state law supersedes any conflicting local ordinances regarding drone operation. [1]

Local and City Regulations

While New Jersey’s state law provides a framework for drone operation and includes a preemption clause to ensure consistency, it is still important for pilots to be aware of local regulations that may apply, particularly concerning the use of drones on municipal or county property. It is always a best practice to check with local authorities before flying in a new area to ensure you are in full compliance.

One of the most significant local-level regulations pertains to State Parks and Forests. The New Jersey Department of Environmental Protection has issued Policy Number 2.38, which explicitly prohibits the launching, landing, or operation of drones within all lands and waters administered by the State Park Service unless a special permit has been granted by the Assistant Director. This rule is in place to protect the natural environment and ensure the safety and enjoyment of all park visitors. [2]

Some municipalities have also enacted their own ordinances. For example, an ordinance in the area of the MetLife Complex prohibits drones from being launched from, or landing on, the complex or any government or public buildings, property, or parks in the vicinity. This ordinance also prohibits flight below 400 feet over these structures. While the state’s preemption law may call into question the enforceability of certain aspects of such local rules, it is always wisest to err on the side of caution and respect these local regulations.

Where You Can and Can’t Fly in New Jersey

Navigating the airspace in New Jersey requires a keen awareness of various restrictions to ensure both safety and legal compliance. Understanding these no-fly zones is just as important as knowing the rules of flight.

Restricted Areas

Certain areas are strictly off-limits to drone pilots. In addition to the state park restrictions mentioned above, there are several other areas where drone flight is limited or prohibited. Drones are strictly forbidden in all National Parks across the country. As a reminder, flight in New Jersey State Parks requires a specific permit. It is also illegal to fly near airports and in controlled airspace without prior authorization. Operations near military installations, such as Joint Base McGuire-Dix-Lakehurst, are also prohibited for security reasons. Finally, be aware of Temporary Flight Restrictions (TFRs), which are frequently implemented around stadiums during sporting events and other large public gatherings.

Popular Drone Flying Locations

For those looking for safe and legal places to fly, New Jersey has several designated model aircraft fields and clubs that welcome drone pilots. These locations are often the best choice for recreational flying, as they provide a controlled environment and a community of fellow enthusiasts.

• North Jersey Soaring Society: Located in Boonton, this club offers a flying field for model aircraft, including drones.
• South Jersey Silent Flyers: This club in Evesham specializes in electric-powered model aircraft and provides a welcoming environment for drone pilots.
• Jersey Coast Sport Fliers: Situated in the Dorbrook Recreation Area in Colts Neck, this club has a dedicated flying site.
• Allaire State Park RC Flying Field: While drones are generally prohibited in state parks, Allaire State Park has a designated RC flying field located off Hospital Road.
• Somerset RC Club: This club caters to a wide range of model aircraft interests and is another great option for drone pilots.
• Roebling Park: Located in Burlington County, this park offers scenic views of the Delaware River and is a popular spot for drone flying.

Penalties and Enforcement

Violating drone laws in New Jersey can result in significant penalties, and both state and federal authorities have the power to enforce these regulations. Understanding the potential consequences is a key part of responsible drone operation.

State-Level Penalties

At the state level, penalties are tied to the severity of the offense. A disorderly persons offense, such as endangering life or property, can result in up to six months in jail and a fine of up to $1,000. More serious violations are classified as indictable offenses (crimes). A fourth-degree crime, such as interfering with a first responder, is punishable by up to 18 months in prison and a fine of up to $10,000. A third-degree crime, such as using a drone for surveillance of a correctional facility, carries a penalty of three to five years in prison and a fine of up to $15,000.

Federal-Level Penalties

In addition to state-level enforcement, the Federal Aviation Administration (FAA) has the authority to levy significant civil penalties for violations of its regulations. These fines can be substantial, ranging from $1,771 for minor infractions to as high as $36,770 per violation for more serious offenses. The FAA can also revoke a pilot’s Part 107 certificate, effectively grounding them from any commercial drone operations. In cases where a drone operation recklessly endangers the safety of the national airspace, criminal charges can also be pursued.

Tips for Staying Compliant

Staying compliant with drone laws is not just about avoiding penalties; it is about ensuring the safety of the airspace and the public. Here are some essential tips to help you fly responsibly in New Jersey:

1. Educate Yourself: Before you fly, take the time to thoroughly understand both federal and New Jersey state drone laws. This guide is a great starting point, but it is always a good idea to consult the official sources.
2. Use Pre-Flight Planning Tools: Make it a habit to check the B4UFLY app before every flight to be aware of any airspace restrictions or advisories in your area. This is the single most effective way to avoid accidentally flying in a restricted zone.
3. Register and Certify: Ensure your drone is registered with the FAA if it weighs more than 0.55 pounds. Always hold the proper certification for your flight type—the TRUST certificate for recreational flying or the Part 107 license for commercial operations.
4. Respect Privacy: Be a good neighbor and respect the privacy of others. Avoid flying over private property without permission, and do not use your drone to photograph or record people in situations where they have a reasonable expectation of privacy.
5. Maintain Visual Line of Sight: Always keep your drone within your visual line of sight (VLOS). This is a fundamental rule of safe drone operation and allows you to maintain full control and awareness of your surroundings.
6. Be Aware of Your Surroundings: Pay attention to other aircraft, people, and obstacles in your flying area. Give way to manned aircraft at all times.
7. Check Local Ordinances: While state law has preemption, it is still a good idea to check for any local ordinances that may apply to the specific area where you plan to fly, especially regarding parks and public property.

Helpful Resources

• FAA DroneZone
• B4UFLY App
• New Jersey Legislature
• Drone Launch Academy Part 107 Course

Conclusion

New Jersey offers a dynamic environment for drone pilots, but You should approach this activity with a strong understanding of the legal framework. By adhering to both federal and state regulations, respecting the privacy of others, and prioritizing safety above all else, you can enjoy all that New Jersey has to offer from a new perspective. Remember that being a responsible drone pilot is not just about following the rules; it is about being a good ambassador for the entire drone community.

References

[1] P.L. 2017, c.315 (S3377 1R)
[2] NJ Parks & Forestry Policy Number 2.38

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Disclaimer: Drone laws are constantly evolving. While we strive to keep this guide updated, you should always verify local ordinances and check the FAA B4UFLY app before flying. This page is for educational purposes and does not constitute legal advice.

Sources: FAA UAS | NCSL State Drone Law Landscape | FAA Remote ID | FAA Part 107