Hempstead, NY Drone Rules: Park Drone Restrictions (2026)

Adopted in 2016 by L.L. No. 57-2016, § 77-8 defines a "Town facility" broadly at § 77-8D to mean "any park, beach, cemetery, building, repair facility, under the ownership or control of the Town of Hempstead, as well as any public area under the use or control of the Town of Hempstead," and defines an "unmanned aircraft system" to include model airplanes, drones and any other radio-controlled airborne mechanical device. Under § 77-8B(1), the chapter reaches any private, commercial or business operator who flies a UAS "on, near, or above" Town property without first getting Town approval, so recreational flying over a Town park is covered on the same terms as commercial use.

The law shifts the burden onto the drone operator: § 77-8C creates a rebuttable presumption that simply possessing a UAS on or near a Town facility means it was used in violation of the chapter, subjecting the possessor to the full range of penalties. Enforcement is not limited to police: employees of the Departments of Buildings, Sanitation, Highways and Public Safety are all empowered under § 77-8E to issue appearance tickets returnable in Nassau County District Court. The chapter is written to layer on top of, not replace, state and federal aviation law: § 77-8B(2)(a) says its provisions "do not, and are not intended to, limit, replace, or circumvent any state or federal law," and where a conflict exists with another law, § 77-8B(2)(b) applies whichever rule is more restrictive.