EMERSON—The borough attorney informed local officials on Dec. 17 that creating a drone ordinance would be “improper” and “irrelevant” because the Federal Aviation Administration (FAA) has sole jurisdiction over airspace and aerial objects.
Mayor Danielle DiPaola initiated the discussion, citing drones she had seen in the area, and asked whether the borough should enact an ordinance, as some other towns have. She noted that Emerson lacks such regulations.
Public interest in drones has grown in recent months, with residents across North Jersey observing increased sightings. Some drones have been deemed suspicious by onlookers, though officials clarified that many sightings might actually involve small planes, as objects at a distance can be hard to identify accurately.
While it is unclear how many Pascack Valley towns have drone ordinances, some municipalities enacted rules in recent years as drones gained popularity, aiming to address privacy concerns and local airspace use.
DiPaola posed a hypothetical scenario about a drone flying over a neighbor’s pool where children are playing, suggesting that an ordinance could address such privacy concerns. Borough attorney John McCann countered, stating, “It’s FAA. It doesn’t matter; FAA trumps whatever a town does. The FAA is the jurisdiction for that, not the municipality.”
When DiPaola asked for clarification, McCann reiterated, “The FAA has jurisdiction, you don’t.” She responded, “So we don’t need a drone ordinance, you’re telling me,” to which McCann affirmed, “It would be irrelevant,” emphasizing that such an ordinance would also be improper.
Earlier, DiPaola acknowledged local drone sightings, saying, “I personally don’t think you’re crazy because I’ve seen them too.” She noted that during a Dec. 16 meeting with officials from Homeland Security, the FAA, and the FBI, she was assured the drones were not related to foreign interference or threats.
However, she said, “Everyone is at liberty to make (up) their own opinion” about the drones.
DiPaola advised residents not to interfere with drones, including shining lasers at them, which could pose risks to pilots, passengers, and people on the ground. She warned that some supposed drones might actually be planes.
In the same discussion, DiPaola recounted her sightings of drones in Emerson, including over the reservoir and near her home, often appearing after 9:30 p.m. She mentioned reporting her observations to the police and sharing video evidence with the FBI.
Some residents expressed frustration that she did not share these sightings on Facebook, but she said she avoided doing so to avoid arguments.
Councilwoman Nicole Argenzia added, “I just think if they were something dangerous, they would have been shot down already by our military.” Most council members did not comment.
DiPaola encouraged residents to remain calm, saying, “We live in confusing times. We’ve already been through COVID, and now we have this drone thing going on. I like to say to people, ‘Don’t worry about it until there’s something to worry about.’” She suggested residents trust their instincts during what she described as “crazy times.”
The FAA released an update on Dec. 18, addressing common questions about drone usage: “More and more people are using drones, which means more people are noticing them in the sky. The FAA gets a lot of questions when people spot drones in their communities.”
The agency outlined general rules for recreational flyers, including keeping drones under 400 feet, staying within sight of the drone, avoiding other aircraft, and not endangering people or property.
For more information, visit the FAA’s website at https://www.faa.gov/newsroom/what-know-about-drones.