Federal and State Laws Governing Seaplane Use

 

US Army Corps of Engineers (USACE)

The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to construct, maintain, and operate public park and recreational facilities at water resource development projects under the control of the Department of the Army, to permit the construction of such facilities by local interests (particularly those to be operated and maintained by such interests), and to permit the maintenance and operation of such facilities by local interests (16 U.S.C.A. § 460d). Using this authority, the USACE has enacted the following regulations governing public use of water resource development projects administered by the agency (36 C.F.R. Part 327).

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36 C.F.R. § 327.4 Aircraft 
It is unlawful for any person to operate any aircraft on or above project waters or project lands in a careless, negligent, or reckless manner so as to endanger any person, property, or environmental feature. This prohibition “pertains to all aircraft including, but not limited to, airplanes, seaplanes, helicopters, ultra-light aircraft, motorized hang gliders, hot air balloons, any non-powered flight devices or any other such equipment.”
 
All operations of seaplanes while upon project waters shall be in accordance with U.S. Coast Guard navigation rules for powerboats or vessels and § 327.3. Seaplane operations contrary to the prohibitions or restrictions established by the District Commander (pursuant to part 328 of this title) are prohibited. Seaplanes may not be operated at Corps projects between sunset and sunrise unless approved by the District Commander.
 
Seaplanes on project waters and lands in excess of 24 hours must be securely moored at mooring facilities and at locations permitted by the District Commander. Seaplanes may be temporarily moored on project waters and lands, except in areas prohibited by the District Commander, for periods less than 24 hours provided the (1) mooring is safe, secure and accomplished so as not to damage the rights of the Government or members of the public, and (2) the operator remains in the vicinity of the seaplane and reasonably available to relocate the seaplane if necessary.
 
Commercial operation of seaplanes from project waters is prohibited without written approval of the District Commander following consultation with and necessary clearance from the FAA and other appropriate public authorities and affected interests.
 
36 C.F.R. Part 328. Regulation of Seaplane Operations at Civil Works Water Resources Development Projects Administered by the Chief of Engineers

Part 328, published on November 15, 1977, provides uniform policies and criteria for designating Corps projects, or portions thereof, at which seaplane operations are prohibited or restricted. (36 C.F.R. § 328.1). The regulation is applicable to all Field Operating Agencies having Civil Works responsibilities. (36 C.F.R. § 328.2).

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Seaplane operations may be prohibited or restricted at such water resource development projects, or portions thereof, for a variety of management reasons. 36 C.F.R. § 328.4(c).

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36 C.F.R. § 328.5 sets forth guidelines for seaplane use at project waters that are similar to those outlined in § 327.4. All operations of seaplanes while upon the water must be in accordance with marine rules of the road for power boats or vessels. Seaplanes may not be operated at Corps projects between sunset and sunrise unless adequate lighting and supervision are available. Seaplanes on project waters or lands in excess of 24 hours shall be securely moored at mooring facilities and at locations permitted by the District Engineer. Seaplanes may be temporarily moored on project waters and lands for periods of less than 24 hours, outside of areas prohibited by the District Engineer, provided that the mooring is safe/secure and the operator remains in the vicinity of the seaplane. Commercial operation is not permitted without written approval of the District Engineer. Appropriate signs must be employed to inform users of projects, or portions thereof, where seaplane operations are permitted.

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The regulation directed District Engineers to examine, within one year (by 1978), each Corps project within their districts that a seaplane operator “could conceivably attempt to use for seaplane operations” and determine where seaplane operations should be prohibited (36 C.F.R. § 328.6(a)(1)). District Engineers are authorized to “establish such restrictions on seaplane operations as deemed necessary or desirable in accordance with these regulations for other areas. Seaplane takeoff and landing maneuvers within specified distances of the shoreline, bridges, causeways, water utility crossings, dams, and similar structures should be prohibited.” (36 C.F.R. § 328.6(a)(2)). USACE maps, brochures, or similar documents should clearly identify where seaplane operations are prohibited or restricted. (36 C.F.R. § 328.6(a)(5)). District Engineers are required to notify the FAA of projects, or portions thereof, where seaplane operations are prohibited or restricted. (36 C.F.R. § 328.6(a)(6)). District Engineers should periodically reevaluate determinations and may modify, delete, or add projects, or portions thereof, where seaplane operations are prohibited or restricted. (36 C.F.R. § 328.6(c)).

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Part 322. Permits for Structures or Work in or Affecting Navigable Waters of the United States

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Section 10 of the Rivers and Harbors Act of 1899 requires authorization from the Secretary of the Army, acting through the USACE, for the construction of any structure in or over any navigable water of the United States. Structures in navigable waters associated with seaplane operations require a Section 10 permit. (33 C.F.R. § 322.5(j)(1)). The USACE coordinates with the Federal Aviation Administration and U.S. Department of Transportation on such applications. (33 C.F.R. § 322.5(j)(2)).

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U.S. Department of Interior

U.S. Fish and Wildlife Service

 

The Department of Interior is authorized to issue regulations as necessary to administer the National Wildlife Refuge System. (16 U.S.C. § 668dd(b)(5). The U.S. Fish and Wildlife Service (FWS) manages the National Wildlife Refuge System.

50 C.F.R. § 27.34 Aircraft.

The unauthorized operation of aircraft, including sail planes, and hang gliders, at altitudes resulting in harassment of wildlife, or the unauthorized landing or take-off on a national wildlife refuge, except in an emergency, is prohibited. National wildlife refuge boundaries are designated on up-date FAA aeronautical charts

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50 C.F.R. § 36.39. Alaska National Wildlife Refuges – Public Use

The FWS has issued refuge-specific regulations governing the operation of aircraft on the Kenai National Wildlife Refuge. Operation of aircraft is authorized only in designated areas as described in the regulation and subject to certain restrictions. For example, FWS prohibits the operation of aircraft from May 1 through September 10 on any lake within the Kenai NWR where nesting trumpeter swans or their broods or both are present.

 

Bureau of Reclamation

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The Department of Interior is authorized by Congress to “issue regulations necessary to maintain law and order and protect persons and property within Reclamation projects and on Reclamation lands.” 43 U.S.C.A. § 373b. Under Bureau of Reclamation (BOR) regulations, a seaplane may be considered either an aircraft or a vessel, because it can be used both for flight in the air or as a means of transportation on the water. (43 C.F.R. § 423.2).

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43 C.F.R. § 423.38. Operating vessels on Reclamation waters
Operators must comply with Federal, State, and local laws applicable to the operation of a vessel, other watercraft, or seaplane on Reclamation waters. Seaplanes must not operate in an area closed to the public, and restrictions established by signs, buoys, and other regulatory markers must be observed. Vessels must be removed from Reclamation lands and waters when not in actual use for a period of more than 24 hours, unless they are securely moored or stored at special use areas so designated by an authorized official.

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43 C.F.R. § 423.41. Aircraft  
Aircraft operators must comply with any applicable Federal, State, and local laws, and with any additional requirements or restrictions established by an authorized official in a special use area with respect to aircraft landings, takeoffs, and operation on or in the proximity of Reclamation facilities, lands, and waterbodies. Operators must comply with all applicable U.S. Coast Guard rules when operating a seaplane on Reclamation waterbodies. Seaplanes must be securely moored if remaining on Reclamation waterbodies in excess of 24 hours at mooring facilities and locations designated by an authorized official. Seaplanes may be moored for periods of less than 24 hours on Reclamation waterbodies, except in special use areas otherwise designated by an authorized official, provided the mooring is safe/secure and the operator remains in the vicinity of the seaplane.

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National Park Service

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The Department of the Interior is authorized to prescribe such regulations as are necessary or proper for the use and management of National Park System units. 54 U.S.C.A. § 100751(a). The grant of authority includes regulations concerning boating and other activities on or relating to water located within System units. Such regulations are complementary to the authority of the U.S. Coast Guard to regulate the use of water. 54 U.S.C.A. § 100751(b).

Operating or using aircraft on National Park System lands and waters other than at locations designated pursuant to special regulations is prohibited. 36 C.F.R. § 2.17. Where special regulations allow the use of a water surface for aircraft, it is unlawful to operate or use aircraft under power on the water within 500 feet of locations designated as swimming beaches, boat docks, piers, or ramps, except as otherwise designated.

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Congress granted the Department of Interior authority to regulate use by seaplanes in Voyageurs National Park (16 U.S.C.A. § 160h). The National Park Service has not published special regulations for Voyageurs that address seaplane use. Voyageurs National Park is subject to State of Minnesota boating laws. (https://www.nps.gov/voya/planyourvisit/lake-navigation.htm).

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36 C.F.R. § 7.9 St. Croix National Scenic Riverway

If a vessel or its trailer has been in water infested or contaminated with aquatic nuisance species, it is unlawful for a person to enter St. Croix National Scenic Riverway by such vessel or launch or operate such vessel within the Riverway unless such vessels and trailers are inspected and cleaned using appropriate techniques and processes. The regulation defines aquatic nuisance species to include zebra mussel, purple loosestrife, and Eurasian watermilfoil. The term vessel includes seaplanes when on the water.

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36 C.F.R. § 7.20 Fire Island National Seashore 
Aircraft may be operated on the waters of the Great South Bay and the Atlantic Ocean within the boundaries of Fire Island National Seashore, except as restricted in 36 C.F.R. § 2.17 and the following provisions:

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• The waters of the Great South Bay and the Atlantic Ocean within the boundaries of Fire Island National Seashore are closed to take-offs, landings, beachings, approaches or other aircraft operations within 1000 feet of any shoreline, including islands, and within 1000 feet of lands within the boundaries of the incorporated villages of Ocean Beach and Saltaire and the village of Seaview.

• Aircraft may taxi on routes perpendicular to the shoreline to and from docking facilities at the following locations:

  • Kismet—located at approximate longitude 73° 12 ½ ′ and approximate latitude 40° 38 ½ ′.

  • Lonelyville—located at approximate longitude 73° 11′ and approximate latitude 40° 38 ½ ′.

  • Atlantique—located at approximate longitude 73° 10 ½ ′ and approximate latitude 40° 38 ½ ′.

  • Fire Island Pines—located at approximate longitude 73° 04 ½ ′ and approximate latitude 40°40′.

  • Water Island—located at approximate longitude 73° 02′ and approximate latitude 40° 40 ½ ′.

  • Davis Park—located at approximate longitude 73° 00 ½ ′ and approximate latitude 40° 41′.

• Aircraft operation in the vicinity of marinas, boats, boat docks, floats, piers, ramps, bird nesting areas, or bathing beaches must be performed with due caution and regard for persons and property and in accordance with any posted signs or uniform waterway markers.

• Aircraft are prohibited from landing or taking off from any land surfaces, any estuary, lagoon, marsh, pond, tidal flat, paved surface, or any waters temporarily covering a beach; except with prior authorization of the Superintendent. Permission shall be based on the need for emergency service, resource protection, resource management, or law enforcement.

• Aircraft operations shall comply with all Federal, State and county ordinances and rules for operations as may be indicated in available navigation charts or other aids to aviation which are available for the Fire Island area.
   

36 CFR § 7.27 Dry Tortugas National Park

Landing an aircraft in Dry Tortugas National Park may occur only in accordance with a permit issued by the Park Superintendent. When a landing is authorized by permit, aircraft may be landed on the waters within a radius of 1 mile of Garden Key, but a landing or takeoff may not be made within 500 feet of Garden Key, or within 500 feet of any closed area. Operation of aircraft is subject to 36 C.F.R. § 2.17, except that seaplanes may be taxied closer than 500 feet to the Garden Dock while en route to or from the designated ramp, north of the dock. Seaplanes may be moored or brought up on land only on the designated beach, north of the Garden Key dock.

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36 CFR Part 13, Subpart N – Special Regulations – Glacier Bay National Park and Preserve

The special regulations for Glacier Bay National Park and Preserve define vessel to include a seaplane while operating on the water. (36 C.F.R. § 13.1102).

It is unlawful to operate a vessel or a seaplane on Johns Hopkins Inlet waters south of 58°54.2’ N latitude (an imaginary line running approximately due west from Jaw Point) from May 1 through June 30. From July 1 through August 31, no one may operate a vessel or a seaplane on Johns Hopkins Inlet waters south of 58°54.2’ N latitude (an imaginary line running approximately due west from Jaw Point), within 1/4 nautical mile of a seal hauled out on ice; except when safe navigation requires, and then with due care to maintain the 1/4 nautical mile distance from concentrations of seals. 

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36 C.F.R. § 13.1178
Operating a vessel within 1/4 nautical mile of a whale is prohibited. The operator of a vessel inadvertently positioned within 1/4 nautical mile of a whale must immediately slow the vessel to 10 knots or less, without shifting into reverse unless impact is likely. The operator must direct or maintain the vessel on as steady a course as possible away from the whale until at least 1/4 nautical mile of separation is established. The operator of a vessel or seaplane positioned within 1/2 nautical mile of a whale is prohibited from altering course or speed in a manner that results in decreasing the distance between the whale and the vessel or seaplane. 

36 CFR § 13.1170

Operating a vessel or seaplane on the following water within Glacier Bay is prohibited under 36 C.F.R. § 13.1180:

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• From May 1 through September 15.

  • Adams Inlet, east of 135°59.2’ W longitude (an imaginary line running approximately due north and south through the charted (5) obstruction located approximately 2 ¼ nautical miles east of Pt. George).

  • Rendu Inlet, north of the wilderness boundary at the mouth of the inlet.

  • Hugh Miller complex, including Scidmore Bay and Charpentier Inlet, west of the wilderness boundary at the mouth of the Hugh Miller Inlet.

  • Waters within the Beardslee Island group (except the Beardslee Entrance), that is defined by an imaginary line running due west from shore to the easternmost point of Lester Island, then along the south shore of Lester Island to its western end, then to the southernmost point of Young Island, then north along the west shore and east along the north shore of Young Island to its northernmost point, then at a bearing of 15 true to an imaginary point located one nautical mile due east of the easternmost point of Strawberry Island, then at a bearing of 345 true to the northernmost point of Flapjack Island, then at a bearing of 81 true to the northernmost point of the unnamed island immediately to the east of Flapjack Island, then southeasterly to the northernmost point of the next unnamed island, then southeasterly along the (Beartrack Cove) shore of that island to its easternmost point, then due east to shore.

• From June 1 through July 15, operating a motor vessel or a seaplane on the waters of Muir Inlet north of 59°02.7’ N latitude (an imaginary line running approximately due west from the point of land on the east shore approximately 1 nautical mile north of the McBride Glacier) is prohibited.

• From July 16 through August 31, operating a motor vessel or a seaplane on the waters of Wachusett Inlet west of 136°12.0’ W longitude (an imaginary line running approximately due north from the point of land on the south shore of Wachusett Inlet approximately 2 ¼ nautical miles west of Rowlee Point) is prohibited.
   

U.S. Department of Homeland Security – U.S. Coast Guard

The U.S. Coast Guard regulates the safety of navigation on inland and marine waters. The Coast Guard’s inland navigation rules define vessel to include seaplanes. (33 C.F.R. § 83.03). The navigation rules set forth safety requirements for, among other things, steering, equipment, lights, and sounds. For example, Coast Guard rules state that “a seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation.” (33 C.F.R. § 83.18(e)). The Coast Guard may also establish security zones and restricted areas. (See, e.g., 33 C.F.R. § 162.15).

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U.S. Department of Transportation – Federal Aviation Administration

The Federal Aviation Administration oversees design, production, and airworthiness certification processes for aviation products. With respect to seaplanes, FAA regulations state that they “must be designed for the water loads developed during takeoff and landing, with the seaplane in any attitude likely to occur in normal operation, and at the appropriate forward and sinking velocities under the most severe sea conditions likely to be encountered.” (14 C.F.R. § 25.521). Specific airworthiness design standards are set forth in other sections of Part 25.
 

The FAA is also responsible for issuing pilot licenses and establishing training requirements. FAA regulations require seaplane pilots to know and follow the rules for seaplane base operations. (See, e.g., 14 C.F.R. § 61.107, 14 C.F.R. § 61.311). Individuals seeking commercial multi-engine seaplane rating must log at least “10 hours of training in a multi-engine seaplane that has flaps and a controllable pitch propeller, including seaplanes equipped with an engine control system consisting of a digital computer and associated accessories for controlling the engine and propeller, such as a full authority digital engine control.” (14 C.F.R. § 61.129).