Regulation 1.17 Remote-Control Devices and Powered Models or Toys - - PowerPoint PPT Presentation

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
• f 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 No person shall operate hobby rockets, remote-control gliders or powered remote-control or tethered planes, boats, cars or other like devices in a park except in areas designated by and with the express written permission of the Park Authority. PROPOSED No person shall operate hobby rockets, remote-control gliders or powered remote-control or tethered planes, boats, cars or other like devices in a park except in areas designated by and with the express written permission of the Park Authority. This regulation 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

September 6 Tonight’s Meeting 2018 2nd Hearing & Board(s) Decisions Implement Regulation Change Ongoing Monitoring

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