The launching and landing of an unmanned aircraft system (UAS or drone) shall be prohibited on all department reservations unless approved by the department through a special use permit or contract, with preference given to the below stated purposes. Permitted use of a UAS shall comply with all FAA and state laws, regulations, and rules and be approved as follows;

1. (a) The director of forest and lands, the director of parks and recreation, or their respective assignees, shall be authorized to review and approve special use permit applications or contracts that are within their respective jurisdictions to allow the use of a UAS;

2. (b) The following activities shall be given preference for granting a permit or contract for UAS use on department reservations:

   1. (1) Requests from law enforcement, firefighting agencies, search and rescue organizations, and other governmental first-response agencies for the purposes of training or testing;

   2. (2) Requests from law enforcement, firefighting agencies, search and rescue organizations, and other governmental first-response agencies for the purposes of public emergency operations shall be processed as follows:

      1. a. Such requests for UAS use on department reservations shall be immediately approved without the need for prior approval from the directors.
      2. b. Any and all UAS operations shall be under the authority of and the responsibility of the person in charge of the incident;
      3. c. Notification of the use of a UAS on department reservations for emergency operations shall be given to the appropriate director within 24 hours of the event;
   3. (3) Permission shall be granted at the discretion of the appropriate director, whose decision shall be final; and requests from accredited universities, colleges, and technical institutes for the purpose of natural resource-based, scientific research projects with a research proposal signed by the course instructor on official letterhead or other correspondence;
   4. (4) Requests from professional news and media outlets, verified by the department’s public information officers, for the purposes of tourism, marketing, and promotional projects;

3. (c) The department shall consider the following criteria in its evaluation of a request for a special use permit or contract to launch or land a UAS on department reservations:

   1. (1) The appropriateness of the requested activities and whether the use of a UAS will result in unacceptable impacts to natural and cultural resources, trails, and facilities (“resources”), or unacceptable impacts to visitors, and the visitor experience;
   2. (2) Applicability of current FAA, state, and any other applicable regulations and requirements for the use and operation of a UAS;
   3. (3) Potential for injury to self or others, damage to resources, uses that would be contrary to the purposes for which the state reservation was established, uses that would cause unacceptable impact to the peace and tranquility maintained in wilderness, natural, historic, or cultural areas within the state reservation;
   4. (4) Potential for impact to program activities, visitors’ experience, visitors’ services, or the operation of public facilities, or services provided by department staff, concessionaires, or lessees;
   5. (5) Potential for a clear and present danger to public health and safety, or the potential for an invasion of privacy of department staff, the public, or visitors; and
   6. (6) Potential to result in significant conflict with other existing uses or special events within the state reservation.

4. (d) When use of a UAS is permitted by the department, the following conditions for use shall apply:

   1. (1) Operation of a UAS shall comply with current FAA, state, and any other applicable regulations and requirements for the use and operation of a UAS, as amended;
   2. (2) Disturbance or harassment of wildlife by a UAS shall be strictly prohibited, pursuant to RSA 207:57;
   3. (3) Interference with official law enforcement, fire, or medical services, or other emergency operations shall be strictly prohibited;
   4. (4) Operation of a UAS shall be restricted to the designated area(s) within the state reservation, and to the dates and times identified;
   5. (5) Any other appropriate terms and conditions contained in the special use permit or contract to ensure safe operation of a UAS and to mitigate any unacceptable impacts to the resources, the public, or the visitor experience;
   6. (6) The unauthorized carrying of flammable liquids or any other hazardous materials, including for fueling, by a UAS shall be strictly prohibited;
   7. (7) Operating a UAS in a reckless manner or outside the permitted designated area(s) shall be prohibited;
   8. (8) Flying directly over people, vessels, vehicles, or structures, and endangering the life and property of others shall be prohibited;
   9. (9) Video or audio surveillance of people without their prior written consent shall be prohibited;
   10. (10) An experienced UAS operator shall accompany and assist an inexperienced UAS operator;
   11. (11) All accidents however minor and regardless of damage to persons or property, shall be reported to the department staff, the FAA in accordance with FAA Part 107, and the NH department of transportation bureau of aeronautics immediately; and
   12. (12) Any other conditions and restrictions, as specified in a special use permit or contract.

Source. #14055 EMERGENCY, EXPIRED: 2-15-25 New. #14291, eff 6-25-25, EXPIRES: 6-25-35