Regulation § 1.17 – Remote-Control Devices and Powered Models or Toys FAIRFAX COUNTY PARK AUTHORITY NORTHERN VIRGINIA REGIONAL PARK AUTHORITY THURSDAY, SEPTEMBER 6, 2018
Virginia Code Alignment Dillon’s Rule Justice John Dillon, Iowa Supreme Court, 1869-1879 Local government is a subdivision of state government Local government is strictly limited to those powers delegated to it by the state legislature Local laws and rules must align with Virginia Code
Park Authorities Act Virginia Code § 15.2-5700, et seq. Performing essential government functions providing for the public health and welfare Powers include acquisition, purchase, leasing, management and maintenance of parks. Empowered to regulate uses of all land and facilities under control of the authority Adopts rules and regulations, not in conflict with the laws of the Commonwealth, concerning the use of properties under its control as will tend to the protection of such property and the public thereon
“Unmanned Aircraft System” Defined Virginia Code §19.2-60.1: “ Unmanned Aircraft ”: Aircraft that is operated without the possibility of human intervention from within the aircraft “ Unmanned Aircraft System ”: An unmanned aircraft and associated elements, including communication links, sensing devices, and the components that control the unmanned aircraft
Unmanned Aircraft Study Scope Provide FCPA Board members and leadership with guidance on: Responding to market trends Providing opportunities for unmanned aircraft systems within the park system Protecting public safety and minimizing risk Balancing the needs of other park users and activities
Public Comments and Suggestions Need for measures to protect public safety and well being Wildlife conflicts/disturbance are a concern Privacy is a key issue, especially for neighboring residents Effects on other park activities – sports, equestrian use, quiet enjoyment Benefits to recreation, public safety, and STEM education Ability of Park Authority/local police to enforce user conduct
Study Findings Recreational and Institutional Value Public safety and privacy are paramount Impacts to natural and cultural resources are possible Maintaining visitor experience / avoiding incompatibilities Partnerships with qualified organizations Eventual selection of 1-2 sites for a pilot program, if suitable, based on defined criteria and public input
Site-Specific Evaluation Poplar Ford Park: Northern Virginia Radio Control Club Lake Fairfax Park Multipurpose Fields Maintained for Active Recreation/Multiple Uses Scheduled Popes Head Park – Rectangle Fields Concern from the public, site unsuited for recreational flights
2018 Virginia General Assembly House Bill 638 and Senate Bill 526 restricted local authority to limit use of unmanned aircraft on park properties Fairfax County Park Authority opposed this legislation due to: Safety and privacy of park visitors and community Risk of damage to natural / cultural resources, park facilities, and property Compatibility of other park activities Land use is traditionally a function of local government
Virginia Code § 15.2-926.3 As of July 1, 2018: § 15.2-926.3 . (Expires July 1, 2019) Local regulation of certain aircraft. No locality political subdivision may regulate the use of a privately owned, unmanned aircraft system as defined in § 19.2-60.1 within its boundaries. Nothing in this section shall permit a person to go or enter upon land owned by a political subdivision solely because he is in possession of an unmanned aircraft system if he would not otherwise be permitted entry upon such land.
Park Regulation 1.17 – Remote-Control Devices and Powered Models or Toys CURRENT PROPOSED No person shall operate hobby rockets, No person shall operate hobby rockets, remote-control gliders or powered remote-control gliders or powered remote-control or tethered planes, remote-control or tethered planes, boats, cars or other like devices in a boats, cars or other like devices in a park except in areas designated by and park except in areas designated by and with the express written permission of with the express written permission of the Park Authority. This regulation the Park Authority. does not apply to the use of any privately owned, unmanned aircraft system as defined in Virginia Code § 19.2-60.1.
Guidance for Pilots and the Public Park Authorities cannot regulate privately-owned unmanned aircraft in parks General access restrictions apply (park hours, posted areas, reserved facilities) Pilots must follow FAA rules and regulations and guidance Pilots are advised to choose sites per FAA guidance; operate respectfully Highly recommended: actively maintained areas (not natural) away from people or other park activities Commercial/Institutional Use? Please contact us
Next Steps 2018 September 6 Implement 2 nd Hearing & Ongoing Tonight’s Regulation Monitoring Board(s) Meeting Change Decisions Comments accepted through October 8, 2018 for the public record
For More Information Fairfax County Park Authority Guidance and 2017 Study: https://www.fairfaxcounty.gov/parks/model-aircrafts-drones FAA Regulations and Guidance: http://www.faa.gov/uas Comments or Questions - Contact Us: Parkmail@ fairfaxcounty.gov NOVAParks@nvrpa.org
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