NYS Office of General Services Application for Use of Unmanned Aircraft Systems (UAS)

The New York State Office of General Services (OGS) approval procedure for Unmanned Aircraft Systems (UAS) applies to any individual or organization which seeks to launch, land or otherwise operate an UAS on OGS managed property, other than for purposes related to an OGS Design and Construction project (which is subject to a separate procedure).

Commercial or recreational operation of any UAS on an OGS-operated property/facility is prohibited unless approved by OGS in accordance with the provisions of Part 301 of Title 9 of the New York Codes Rules and Regulations (NYCRR).  Applicants must complete an Application for Use of State Property, as well as this UAS Application Addendum, and provide all required additional documentation listed below, or in the Application.  If approved, all the provisions of the Application for Use of State Property and this UAS Application Addendum shall form a part of the permit agreement granted to the applicant.

Return the application and required additional documentation to [email protected].

Accident - An unexpected incident resulting in personal injury or property damage.

Adverse Event - Any incident that may potentially cause an Accident, including near misses, non-damage collision incidents, lost link, fly away, etc.

Federal Aviation Administration (FAA) - A division of the U.S. Department of Transportation that inspects and rates civilian aircraft and pilots, enforces the rules of air safety, and installs and maintains air-navigation and traffic-control facilities.

Locations Where There is a Reasonable Expectation of Privacy - Locations where there is an objective expectation of privacy.  Examples include but are not limited to restrooms, locker rooms, student housing, hotel rooms, and health treatment and medical facilities.

Operator - The individual who exercises authority over initiating, conducting or terminating a flight of a UAS.  If flying under 14 C.F.R. Part 107, the person operating the drone could be flying under the authority of the Remote Pilot in Command (RPIC). 

Remote Pilot in Command (RPIC) – A person who has the final authority and responsibility for the operation and safety of the flight; has been designated as RPIC before or during the flight; and holds the appropriate certificate, rating, and/or Endorsement, if appropriate, for the conduct of the flight.

Unmanned Aircraft System (UAS) - An aircraft and its associated elements (including communication links and the components that control the unmanned aircraft) operated without the possibility of direct human intervention from within or on the aircraft.

Temporary Flight Restrictions (TFR) - The term Temporary Flight Restriction means a certain area of airspace where air travel is limited by the FAA because of a temporary hazardous condition, a security-related event, or other special situations.

• Operators must have obtained their Remote Pilot Airmen Certification from the Federal Aviation Administration (FAA).  Proof of such certification must be provided with the application. 
  • All Airmen Certification will be validated through the FAA: https://amsrvs.registry.faa.gov/airmeninquiry/Main.aspx
     
• A comprehensive flight plan must be filed along with the application. Details to include are date(s), time(s), duration, purpose, altitude, area / path of flight.
   
• Applicants must have Aircraft Liability Insurance covering the liability of the Operator for bodily injury, property damage, and personal injury arising from all operations in the amount of $1,000,000 per occurrence, and naming the People of the State of New York, its officers, agents and employees as additional insureds on a primary and non-contributory basis.  A Certificate of Insurance demonstrating proof of coverage must be submitted to OGS.  This requirement is non-waivable due to the elevated risk associated with UAS operation.

• UAS operators must adhere to any and all applicable federal, State, and local laws and regulations pertaining to the operation of UAS.  This includes, but is not limited to:
  • 14 C.F.R. § 107 – Small Unmanned Aircraft Systems
  • Daylight only operation, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting (unless FAA waiver has been secured).
  • Not to exceed an altitude of 400 feet (unless FAA waiver has been secured).
     
• In addition to the above applicable laws and regulations governing the operation of UAS, the following rules and restrictions shall apply:
  • There shall be no unlawful surveillance by use of a UAS when a person has a Reasonable Expectation of Privacy.
  • All flight operations will be limited to times when there is no presence or threat of lightning or thunderstorms, and no presence or threat of any type of precipitation.
  • UAS shall not be flown in winds greater than two-thirds of the UAS’s maximum speed, but in no case in winds greater than 20 mph.
  • Unmanned aircraft must be within visual sight, with no visual aids authorized, of the operator at all times during flight of the unmanned aircraft (unless FAA waiver has been secured).
  • A maximum ground speed of 35 MPH is not to be exceeded.
  • Sensitive features such as reflecting pools, artwork, sculptures, playgrounds, etc. are to be avoided, unless specifically authorized in the permit.
  • Unmanned aircraft will not be flown in a reckless manner or outside the designated area(s).
  • Operators must avoid flying directly over people (unless FAA waiver has been secured), vessels, vehicles, buildings or other structures and must avoid endangering the life and property of others.
  • In no case shall a UAS operate on the grounds of the State Capitol Building or NYS Executive Mansion
  • OGS may prohibit the use of flammable liquids for fueling unmanned aircraft.  If the Commissioner or her designee decides to allow flammable fuels, however, the following requirements shall apply:
    • Mufflers are required on all flammable fuel-powered models.
    • All flammable fuels shall be stored in containers that are Underwriters Laboratories (UL) listed and approved.
    • No more than 5 gallons of all flammable liquid may be on site at any time.
  • A fully operational 10# ABC portable fire extinguisher must be on site during the flight.
  • Operators shall make the appropriate announcement when taking off, landing, or in emergency situations.
  • First aid kits must be carried by operators.
  • One single pilot may not control more than one unmanned aircraft at the same time.
  • A UAS Post Flight Report must be filed with OGS within 72 hours of the operation completion.
  • Any Adverse Event or Accident must be reported to OGS, and to the appropriate regulatory and law enforcement agencies immediately, if applicable.
  • Applicant and/or Operator will assist with any analysis, investigation and/or remediation effort following an Accident or Adverse Event.
  • Any UAS operated under a permit issued hereunder must be registered in accordance with all applicable laws, regulations, and requirements.
  • A UAS must not be used to monitor or record activities in Locations Where There is a Reasonable Expectation of Privacy.
  • A UAS must not be used for any unapproved recordings or for any unlawful purpose.
  • The Operator shall reasonably attempt to notify people in the area about the operation.
  • The Operator shall not operate the UAS recklessly, from moving vehicles, or while under the influence of drugs or alcohol.
  • Operation shall not occur if the FAA issues any Temporary Flight Restrictions for the airspace over the flight location.
  • Applicant will defend, indemnify, and hold the People of the State of New York harmless from any and all damages, expenses, claims, judgments, liabilities, losses, awards and costs which may be assessed in any action for or arising out of or related to the UAS operation.
  • UAS shall only be flown in Class G Airspace (unless FAA waiver has been secured).
  • The Operator shall have in place and follow a pre-flight checklist, along with an emergency contingency plan.