Overflight of National Parks

In May, National Park Service (NPS) Rangers noticed a tour helicopter flying dangerously low and close to the Montezuma Castle cliff dwelling. In doing so, the pilot was risking serious damage to the site’s ancient architecture. To help protect Montezuma Castle-and other noise sensitive areas, the Federal Aviation Administration (FAA) advises pilots maintain a minimum altitude of  2,000 feet above National Park units (FAA Aeronautical Information Manual, AIM 7-4-6) . While this is a request, damage to archeological sites caused by low flying aircraft can also result in civil and criminal penalties.

Many companies offer packages that allow tourists to view cliff dwellings from the air and it is clear these tours are lucrative. To ensure cliff dwellings are available for future tours as well as to avoid costly fines and potential prosecution, helicopter companies must become responsible stewards of archeological sites on public land.

• FAA Aeronautical Information Manual 7-4-6 states “Pilots are requested to maintain a minimum altitude of 2,000 feet above the surface of the following: National Parks, Monuments, Seashores, Lakeshores, Recreation Areas and Scenic Riverways administered by the National Park Service…”

• The System Unit Resource Protection Act (SURPA, 54 USC §100721-100725) is a law that allows the National Park Service to seek compensation from individuals or companies that engage in actions causing damage to cliff dwellings. Civil and criminal restitution for damage caused by irresponsible helicopter pilots could cost a company thousands of dollars in damage assessment, law enforcement and repair costs.

• SURPA violations could result in the loss of equipment associated with helicopter-related damage. This means that a company’s helicopter, cameras and other equipment used during a violation could be subject forfeiture without compensation.

• FAA Advisory Circular 91-36D advises pilots to fly not less than 2,000 feet AGL over noise sensitive areas, such as National Parks and cultural and historical sites, where the ground level is defined as the highest terrain within 2,000 feet AGL laterally of the route of flight or the uppermost rim of a canyon or valley. This advisory is intended to protect noise sensitive cultural and historic sites, natural areas and wildlife, as well as to reduce annoyance, inconvenience, and interference with the uses and enjoyment of the areas.

• Helicopter overflights risk damaging ancient cliff dwellings that are sacred places for Native American tribes, hold scientific importance and are beloved by the American Public.

• All commercial filming activities taking place within a NPS unit require a permit, pursuant to Public Law 106-206 and 43 CFR 5.2 (a).  For information on application procedures and to obtain a permit application, the site manager must be contacted, pursuant to 43 CFR 5.3. Even in situations where filming activities are permitted, NPS studies have advised that no aircraft should pass within 200 feet of cliff dwellings and no helicopters should be allowed to hover within 200 feet of cliff dwellings, due to documented vibration and damage risk to those structures.

For more information please contact:

Vicki Ward, Overflights Manager: vicki_ward@nps.gov

Randy Stanley, Natural Sounds & Night Skies Coordinator: randy_stanley@nps.gov