Filming With a Drone on Public Land
Planning to film an ATV or UTV ride in North Dakota? A trail being open to machines does not automatically mean drones can launch or fly there. The rules depend on who manages the land, where the aircraft will operate and whether the flight is recreational or commercial. Check both land-use restrictions and aviation requirements before you pack the drone.
Start With the Land Manager, Not the Trail Map
“Public land” covers many different places: state parks, federal land, Corps of Engineers property and other public areas. Each may have its own rules for aircraft, filming, launches and access. A trail map can help you plan the ride, but it may not say whether a drone is allowed.
First, identify the exact parcel where you want to take off, land and film. These actions may be governed by land-use rules even when the aircraft will spend much of its flight over a nearby route. Ask the managing agency about the specific location and date, rather than relying on a general assumption that public ownership means public drone access.
For example, if you plan to ride a federal grassland road, check the applicable motor vehicle use map for vehicle access, then separately ask the land manager about drone operations. North Dakota Grassland Motor Vehicle Use Maps can help with the riding side of the plan, but a road being open to OHVs does not establish that drone use is allowed. The same distinction matters on Corps property; North Dakota Riding on Corps of Engineers Land concerns riding access, not blanket permission to launch an aircraft.
| Location or situation | What to verify before filming |
|---|---|
| State park or other state-managed land | Whether drones may be launched, landed or operated there, and whether filming needs separate approval |
| Federal grassland or other federal land | The managing office’s rules for aircraft, launch sites, wildlife and any special-use approval |
| Corps of Engineers property | Rules for the specific recreation area, shoreline or project land; riding permission does not settle drone access |
| A trail crossing or bordering private land | Where the aircraft will launch and land, whether you have permission, and whether the route or property is posted |
| Organized ride or event | Land-manager approval, event requirements, participant notice and safe separation from riders |
| Airspace near an airport or other restriction | Applicable FAA requirements, including whether authorization is needed before flight |
Rules can vary within a large public area. One trailhead, campground or recreation zone may have different restrictions from another. If staff give you guidance, record the office, date and location covered. If the answer is unclear, ask for clarification before traveling rather than treating silence as approval.
Also separate permission to ride from permission to film. A registered machine, trail tax, visitor permit or other riding credential does not authorize drone operations. If you are planning a route through multiple riding areas, check the applicable access rules for every stop; North Dakota OHV Trails: All Four Riding Areas is a useful starting point for thinking about different areas, but each land manager’s current directions still matter.
Meet Aviation Rules and Land-Use Conditions
A drone flight has two overlapping rule sets: aviation requirements and the rules of the land where you will operate. Meeting one does not cancel the other. A land manager may restrict launching or filming even when a flight otherwise meets aviation requirements, and land permission does not replace FAA requirements.
Decide whether the flight is recreational or commercial
The purpose of the flight matters. Flying purely for recreation is different from operating to provide a service or support a business. A video being posted online does not, by itself, answer every question about the flight’s purpose. If footage is commissioned, used to promote a business, supplied to a client or otherwise part of a work activity, check the FAA requirements for the operation. Commercial drone operations generally involve the FAA’s Part 107 rules, while recreational operations have their own requirements.
Do not assume that calling a flight “personal” resolves the issue. Consider what the footage is for, who requested it and how the flight is being conducted. If the line is unclear, confirm the correct category with the FAA before flying.
Check registration, training and identification requirements
Whether a drone needs registration or must comply with Remote ID requirements depends on factors such as the aircraft and how it is operated. Recreational pilots also have applicable safety and knowledge requirements. These requirements can change, so check the FAA’s current guidance for your specific aircraft and type of operation before the trip.
Do not rely only on a retailer’s product description or a label on the drone. A drone that is small or marketed for beginners may still be subject to rules based on how it is used. Keep any required documentation accessible, and make sure the person controlling the aircraft understands the applicable requirements.
Confirm airspace and operating limits
Before each flight, check the airspace for the exact launch point and planned route. Some locations require prior authorization or may have other restrictions. Nearby airports, temporary restrictions and other airspace conditions can affect a flight even when the land itself is open to visitors.
Plan to maintain control of the aircraft, avoid people and vehicles, and follow applicable limits on where and how the drone may fly. A launch point that seems remote can still be close to a road, trailhead, campground or other busy area. Do not rely on a phone app alone if the FAA directs pilots to use another official process for a particular kind of authorization.
Ask about separate land approvals
The land manager may require permission for a launch, filming activity, commercial use or organized production. The answer may depend on location, crew size, equipment, whether the activity interferes with other visitors and how the footage will be used. Ask specifically about the activity you intend to do rather than asking only, “Can I fly a drone here?”
Keep land access rules separate from airspace rules in your notes. If you are riding as a visitor, check the relevant access requirements as well as the drone rules; North Dakota Permits for Visiting Riders addresses the riding-permit side, not aviation approval.
Plan for Riders, Wildlife and Other Visitors
A drone adds another moving vehicle to a ride. The pilot may be focused on the screen while riders are watching the trail, and an aircraft can distract people, animals or other users. A safe plan needs more than a technically legal flight: it should keep the drone from interfering with riding and public access.
Keep the pilot out of the riding flow
Choose a launch and landing area that is away from the trail, vehicle traffic, spectators and parking. Do not ask a rider to launch, land or watch a screen while operating a machine. Give the pilot a stable place to work and a clear view of the drone, without blocking an access route or forcing other visitors to pass close to the aircraft.
Avoid flying over moving ATVs or UTVs unless the operation is allowed and you can manage the risks. A machine can turn, stop or encounter an obstacle with little warning. The rider may not hear the drone, and the pilot may not see every hazard on the ground. Filming from a safe offset or from an approved stationary position is usually easier to manage than trying to follow riders closely.
For a group, agree on a simple plan before anyone starts. Decide where the aircraft will operate, who is the pilot, who is watching for people and vehicles, and what happens if a rider stops or the drone loses connection. North Dakota Group Ride Planning can help with the broader logistics of a ride, but drone responsibilities should be discussed separately.
Give wildlife and livestock space
Public land can include wildlife habitat, grazing areas and livestock. A drone can disturb animals even if it never touches them. Do not pursue, circle or repeatedly approach animals for footage. If an animal reacts, move away or end the flight rather than trying to get a closer shot.
Be cautious around horses and other riders. An unexpected aircraft can startle an animal and create a danger for its handler or nearby visitors. If a route is shared with horses, plan to keep the drone away from them and check the manager’s rules before operating. On mixed-use land, a shot that looks clear through a camera can still create a problem on the ground.
Respect privacy and avoid blocking access
Do not film people at close range without a good reason and appropriate permission. Trailheads, campsites and parking areas often bring people together in small spaces. Frame shots to avoid recording identifiable visitors where practical, and do not use a drone to follow someone or look into a private area.
Keep launches, landings and equipment out of roads, trail entrances and emergency access. If people arrive while you are preparing to fly, wait or choose another approved spot. A public location is shared space, not an empty set.
Weather and ground conditions also matter. Wind, blowing dust and changing visibility can make it harder to control a drone or see riders. If the ground is wet or a route is closed, do not assume filming is harmless simply because the aircraft is not driving on the trail. Respect the closure and ask the manager whether access for filming is allowed; North Dakota Trail Closures After Rain offers related context for planning around trail conditions.
Use a Pre-Flight Checklist for the Trip
A short check before traveling can prevent a wasted drive and reduce the chance of interrupting a ride. Confirm the details for the exact property and flight, and be ready to change plans if conditions or access rules do not support safe operation.
- Pin down the location. Identify the takeoff and landing area, the route to be filmed and the land manager responsible for each parcel.
- Check land rules. Ask whether drone operations are allowed at that location, whether filming or commercial activity needs approval, and whether there are limits related to wildlife, visitors or events.
- Check the flight category. Decide whether the operation is recreational or work-related, then confirm the FAA requirements that apply.
- Review aircraft requirements. Verify registration, Remote ID, training and any other requirements for the specific aircraft and operation.
- Check airspace. Review current restrictions and authorization requirements for the launch point and flight area. Recheck if the plan or conditions change.
- Coordinate with the group. Name one pilot, agree on a safe filming position and tell riders how the drone will be kept away from the route.
- Prepare a backup. Have a ground-based filming option or a different location in mind if permission is denied, the airspace is restricted or conditions are unsafe.
If you are filming as part of an organized event, contact the land manager early. An event’s permission to use a route does not necessarily cover a drone, a production crew or aircraft operating over participants. Ask whether additional approval is required and what conditions apply. Event planning may also involve other paperwork; North Dakota Event Permits for a Ride concerns organized riding activities, so verify drone permissions separately.
Keep a record of the manager’s response and any approval you receive. Follow the conditions exactly, including any limits on time, launch location, crew size or areas where filming is allowed. If the manager cannot confirm that the operation is permitted, do not treat that uncertainty as permission.
A useful rule of thumb is to clear the location, the flight and the filming purpose independently. The route may be open to OHVs, the airspace may be flyable, and the video may still need land-manager approval. Checking each part before the ride helps protect other visitors and keeps the day from depending on a last-minute guess.
Disclaimer
This article is for general informational purposes only and does not constitute professional advice. Laws, prices and regulations vary by location and change over time. Consult a qualified professional for guidance on your specific situation.
