Ohio Admin. Code 1501:46-13-11

Current through all regulations passed and filed through December 30, 2024

Section 1501:46-13-11 - Aviation

(A) Upon or within the boundaries of any lands administered by the division it is permissible to utilize any land class aircraft operated by an onboard pilot, including but not limited to any single or multi-engine airplane, helicopter or gyroplane, wing-in-ground craft, balloon or lighter than air ship, glider, powered lift aircraft, ultralight or powered parachute, or any other flying machine or aerial apparatus, to take off, ascend, land, alight, or otherwise come to rest where designated airfields or maintained landing zones are located.

(B) Upon any waters administered by the division it is permissible to take off, ascend, land, alight, or otherwise come to rest, utilizing a sea class aircraft operated by an onboard pilot, including but not limited to, any sea plane or float plane, amphibious helicopter, wing-in-ground craft, glider, parachute, or any other amphibious flying machine or aerial apparatus, on any body of water meeting all of the following criteria:

(1) Designated as unlimited horsepower;

(2) Having no speed or wake restrictions that apply to the waterway as a whole, and;

(3) Having an established sea plane landing zone designated by the Ohio department of transportation, office of aviation or the federal aviation administration (FAA).

Sea class aircraft are not permitted to operate in any water area where motorized vessels are not permitted or in any water area designated for motorized vessels powered only by electric motors. Any person landing or taking off from the waters of the division as permitted by this rule may use the waters of the division as necessary to taxi between such landing area and a service or docking area.

It is the responsibility of any pilot endeavoring to take off, ascend, land or alight upon the waters administered by the division to be fully aware of and comply with the boundaries of the approved landing zone and comply with inland navigation rules as prescribed in 33 CFR, subchapter E, part 83, rules 4 through 19, including taking actions to keep well clear of all vessels and avoid impeding the navigation of any watercraft.

(C) It is not permissible for any person to operate or permit the operation of any unmanned aerial craft within the boundaries of any state park except with permission from the chief or the chief's authorized agent, or where airfields or landing zones maintained specifically for such craft are located.

For the purposes of this rule, "unmanned aerial craft" includes but is not limited to, any drone, model aircraft, unmanned aircraft system, or other flying machine capable of achieving flight without carrying a human pilot or operator while in flight, and possesses any of the following attributes:

(1) Is mechanically powered by an electric or combustion motor,

(2) Achieves flight through the employment of a non-mechanical propulsion system utilizing petroleum-based fuel, chemical fuel, composite fuel, open combustion, or any combination thereof,

(3) Is controlled by an operator by means of a radio control unit or other wireless device, or

(4) Is designed to be capable of achieving or sustaining flight at an altitude of one hundred feet or more for a period of time exceeding one minute.

"Unmanned aerial craft" does not include toys or novelties that are propelled through human muscular effort, mechanisms powered by the kinetic energy of elastic bands or springs, or that are launched with a human-generated surge of air or water pressure.

Except with permission from the chief or the chief's authorized agent, it is not permissible for any person to utilize unmanned aerial craft to engage in photographing, filming, or otherwise recording public activities, historical or cultural features, natural formations, division owned or operated facilities, or any other aspects of the lands and waters under the management authority of the division.

It is mandatory for any person operating or allowing the operation of an unmanned aerial craft to comply with all federal aviation administration regulations currently in effect including such rules restricting operations over people and operations over moving vehicles. In accordance with the federal rules, it is not permissible for the operation of an unmanned aerial craft over any open-air assemblies of human beings, beaches, boats, or roadways in any area administered by the division.

The use of any unmanned aerial craft for the purpose of harassing wildlife within the boundaries of any lands or waters of the division is restricted to only such persons that have obtained an official nuisance animal control permit and permission from the chief or the chief's authorized agent to conduct such activities.

It is unlawful for any person to utilize or allow the utilization of any unmanned aerial craft for the purpose of harassing persons on any lands or waters of the division.

(D) It is unlawful for any person to voluntarily or negligently operate any land class, sea class, unmanned aerial craft or other aerial apparatus as described in this rule, within or upon the lands or waters administered by the division in violation of the provisions of this rule.

Ohio Admin. Code 1501:46-13-11

Effective: 1/1/2025
Five Year Review (FYR) Dates: 11/1/2026
Promulgated Under: 119.03
Statutory Authority: 1546.04
Rule Amplifies: 1546.02, 1546.04
Prior Effective Dates: 06/14/1975, 07/01/1980, 10/14/2016, 11/01/2021, 02/15/2024