The Rules about Flying over Wilderness Areas

My answer to a reader’s question.

ChartA week or two ago, I got an email message from a reader who had read my November 2011 post, “A Few Aerial Views from Today’s Flight.” That post shows off a bunch of photos captured by my helicopter’s “nose cam,” a GoPro Hero2 camera I sometimes use in flight. The photos include views of the Verde and Salt Rivers north and east of Phoenix, including some of the lakes along the rivers. My reader noticed, after consulting some aeronautical charts, that much of the area I’d flown over was designated as wilderness area.

This reader, who asked to remain anonymous and not be quoted verbatim, was wondering about “bending” rules. Although he mentioned the June 2012 wire strike helicopter crash in the Verde River area, he wasn’t interested in the safety aspects of maintaining a high enough altitude to clear obstacles. He was interested in my interpretation of the rule about flying at least 2,000 feet above wilderness areas.

The “Rule”

Before I interpret the rule, it’s a good idea to know exactly what the rule is and where it can be found.

It’s interesting to note that a search for “wilderness” and “2,000 feet” in the Federal Aviation Regulations (FARs) does not provide any guidance related to operations over charted wilderness areas. The FARs are the rules pilots are required to comply with.

A search of the Aeronautics Information Manual (AIM) for “wilderness” results in “Part 7-4-6: Flights Over Charted U.S. Wildlife Refuges, Parks, and Forest Service Areas.” Paragraph b pertains to this topic:

b. 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, National Wildlife Refuges, Big Game Refuges, Game Ranges and Wildlife Ranges administered by the U.S. Fish and Wildlife Service, and Wilderness and Primitive areas administered by the U.S. Forest Service.

A note adds this:

FAA Advisory Circular AC 91-36, Visual Flight Rules (VFR) Flight Over Noise-Sensitive Areas, defines the surface of a national park area (including parks, forests, primitive areas, wilderness areas, recreational areas, national seashores, national monuments, national lakeshores, and national wildlife refuge and range areas) as: the highest terrain within 2,000 feet laterally of the route of flight, or the upper-most rim of a canyon or valley.

First Glance Interpretation

At first glance, the “rule” seems pretty straightforward: you’re supposed to fly at least 2,000 feet above the ground in any charted wilderness area, etc.

User's Guide ImageCharts, by the way, make it very easy to identify these areas. They’re normally surrounded by a blue line that has dots on the inside of the area. This entry from the Aeronautical Chart User’s Guide shows what to look for. And this chart excerpt from the Phoenix terminal area chart (TAC) illustrates how two areas look on an actual chart: The Hells Canyon Wilderness area (left) and Lake Pleasant Bald Eagle Breeding Area (right):

Wilderness Examples

The Advisory Circular note goes a bit further to explain that the lowest point in the wilderness area that you should consider when setting your altitude is the highest point 2,000 feet from your aircraft in any direction. So if you’re flying over a 1,000 foot deep canyon and the canyon is only 1,500 feet wide, you should be 2,000 feet above the canyon walls — not 2,000 feet over the bottom of the canyon.

It’s important to note that a requirement like this is extremely difficult for helicopter pilots to deal with, primarily because helicopters normally operate 500 to 1,000 feet above the ground. We seldom fly 2,000 feet above anything — that’s nosebleed territory for us. That’s also where small planes might be operating — and we’re trained to stay away from them. So when you ask a helicopter pilot to fly 2,000 feet above the ground, we’re not going to like it.

But Is It A Rule?

But the real question should be, is this really a rule? Something that must be followed? Something that could get you in trouble with the FAA if you ignore it?

I can offer two arguments for why pilots are not required to fly 2,000 feet above charted wilderness areas:

  • The “rule” is not included in the FARs, which are the regulations governing flight in the U.S. Instead, it’s described in the AIM, which is informational in nature.
  • The language of the “rule” says that “Pilots are requested to maintain a minimum altitude of 2,000 feet above the surface…” Surely you can’t confuse a “request” with a “requirement.”

Before I go any further, I want to point out paragraph c of the same AIM part (7-4-6):

Federal statues prohibit certain types of flight activity and/or provide altitude restrictions over designated U.S. Wildlife Refuges, Parks, and Forest Service Areas. These designated areas, for example: Boundary Waters Canoe Wilderness Areas, Minnesota; Haleakala National Park, Hawaii; Yosemite National Park, California; and Grand Canyon National Park, Arizona, are charted on Sectional Charts.

Note the use of the word “prohibit” in this paragraph. With a little bit of effort, you can find the rules for these areas in the FARs or Special Federal Aviation Regulations (SFARs). For example, FAR 93 Subpart U and SFAR 50-2 govern special regulations over Grand Canyon National Park. In the case of Yosemite the rule is printed right on the chart:

Yosemite on Chart

In case you can’t read it:

Public Law 100-91 prohibits flight of VFR helicopters or fixed-wing aircraft below 2000 feet above the surface of Yosemite National Park. “Surface” refers to the highest terrain within the park within 2000 feet laterally of the route of flight or within the uppermost rim of the Yosemite Valley.

Pretty clear, no?

My point is, don’t get the idea that a pilot can ignore charted wilderness areas. That simply isn’t true. You need to know whether an area has its own special flight regulations before even considering “breaking” the 2,000-foot “rule.”

What’s Right?

Now you know my interpretation. But I didn’t get this on my own. It was pointed out to me by my primary flight instructor years ago. Pilots who take the time to look up and read the “rules” can make their own conclusions.

The reader who queried me about this obviously realized from the photos I shared on my blog post that I must have been flying lower than 2,000 feet above the ground in a charted wilderness area. Denying I did so when there’s photographic evidence to the contrary would be dishonest, insulting to my readers, and a waste of time.

But is it right to fly low over these areas? Because it’s not a regulation in most wilderness areas, it becomes an ethical decision on the part of the pilot.

First, consider why charted wilderness areas exist. The government is protecting these areas, for whatever reason. Usually, it’s because they don’t want aircraft noise to interfere with wildlife — especially wildlife breeding and habitat maintenance. Sometimes its because they want “natural” areas to be kept quiet for visitors trying to enjoy the beauty of nature in peace.

How do you feel about preserving quiet in these areas? Is it important to you? If you were on the ground, how would you feel if a helicopter or plane buzzed by at 500 or 1,000 feet? Would it bother you? How do you think it affects the people on the ground? People camping, fishing, hiking, meditating?

As the person who contacted me pointed out, when he flew in the area, he didn’t see a person for miles. So who would he be bothering?

The one thing I can say with certainty is this: If pilots typically “busted a wilderness area” by flying low through it and enough people on the ground noticed and complained about it, it’s far more likely that the government will respond by establishing a real rule to prevent it. Yes, at one time people were allowed to fly low-level through the Grand Canyon and Yosemite valley. But when enough complaints came in, regulations were written to make such activity illegal.

Would you want to see that happen with all the wilderness areas on the charts?

I know I wouldn’t.

A Trip around the Peninsula, Day 3: Port Angeles to Clallam Bay

We take a road trip around the Olympic Peninsula in Washington state.

After three months contractually bound to the Quincy and Wenatchee areas of Washington, I was finally off contract at the end of August. Mike flew out to Washington and we went on a road trip to the Olympic Peninsula. This series of blog posts is a summary of that trip, with photos.

Back on the road, exploring Olympic National Park and the Pacific Coast of Washington.

We left the hotel in Port Angeles early on Wednesday. With half a cup of unsatisfactory hotel room coffee in my stomach, I hit the Starbucks in the local Safeway supermarket while Mike topped off the truck with diesel. Then we started up the road to Hurricane Ridge in Olympic National Park, leaving Port Angeles behind.

It was so early that when we reached the park entrance, no ranger was there to check our park pass.

Tunnel on Hurricane Ridge RoadThe road climbed south slowly into the mountains on a narrow strip of park land. We found a parking area right before one of two tunnels and Mike parked the truck. There was a view to the northeast and we could clearly see the Juan De Fuca Strait, which runs between Washington and Canada’s Vancouver Island. It was relatively hazy and the conditions weren’t good for photography.

I spotted a paved path that wound into the woods and we followed it with our coffee cups and bags of breakfast pastries in hand. At the end of the short path was a viewpoint that looked southeast. The air was hazy; a wildfire was burning out in that direction beyond the mountains. Some interpretive signs talked about the rivers that ran invisibly in the cuts between mountain arms in front of us. I wasn’t sure, but I thought I could hear the water rushing in the distance.

We sat down on some steps and had our breakfast. A few people came and went.

Back in the car, we continued up the road. I should mention here that it was a remarkably beautiful day for that area of the country — not a cloud in the sky. Apparently, the area gets a lot of rain. We didn’t see any for the entire time we were traveling there, although we did run into some marine layer fog banks — more on that later.

LupinesNear the end of the road was the Hurricane Ridge visitor center, a building with a gift shop, food, and great views to the south. There were also a few paved and unpaved paths that wound through grassy, flower-strewn meadows. We parked the truck and went for a walk. The quantity and size of lupine were phenomenal. Tall stalks of magnificent purple flowers seemed to grow everywhere.

Although the views in every direction were magnificent, a layer of smoke and haze from the wildfires miles away made it difficult to capture images of what should have been pristine wilderness. There was still snow on the peaks to the south of us and, with a pair of binoculars, we could examine the few remaining glaciers from afar. (There was also snow at our elevation, mostly on the north side of hills that would get little direct sunlight during the day.)

Snow-Capped Mountains

Mike and I spent quite a bit of time photographing the wildflowers. Although lupines dominated the scenery, there were some other wildflowers to capture in pixels. You can see two of my better closeup shots below. (You can click any photo with a watermark to see a larger version in my photo gallery.)

Butterfly and Bee Indian Paintbrush

We weren’t the only photographers up there, either. I saw at least two other people with tripods. (I was using my monopod.) You really needed some kind of platform to steady the camera when doing closeup images of the flowers.

After close to two hours exploring the area, we hopped back in the truck and continued down the road to the trailhead for Hurricane Hill. We wandered about a half mile up the trail, trying hard to lose a group of noisy hikers who seemed to pause every time we did. We finally turned around and walked back to the truck, eager to continue our trip.

We retraced our route back down the road, turning just after the park gate onto Little River Road. This road, which was mostly outside the park limits, was a “shortcut” that would take us to the Elwha area of the park. It was mostly paved; the unpaved part was smooth enough. We drove past patches of clearcut forest, along with areas of obviously new growth. The Olympic Peninsula — as well as much of Washington and Oregon states — have many tree farms where trees are planted and harvested for lumber. Most of the old growth forest is gone; the trees in the new forests have straight, narrow trunks.

We turned into the park road toward, heading toward an observation point. We flashed out park pass at the ranger and got a map for our efforts. Then we followed the Elwha River south. The water was rushing — even this late in the year — and there were huge pileups of tree trunks deposited by seasonal flooding.

Picnic SpotWe were hungry and planned to dig into some of the cheese we’d brought along when we got to the observation point near the end of the road. But the road was closed for some kind of construction. So instead, we turned into the Altair Campground, which was mostly empty, and pulled into the first campsite, which was right along the river. We carried the cooler over to the picnic table, opened it up, and had a great meat, cheese, cracker, and cucumber lunch.

Afterwards, we headed out of the park, following route 101 northwest. A Piedmont on Crescent Lake, we turned north on a road that wound through more forest to Route 112. Eventually, we were back on the north coast of the peninsula.

We made a brief stop at a small park where we walked along a rocky beach. The tide was mostly out and the weeds that had been deposited on the shore were stinky and buzzing with flies. We didn’t stay long.

Route 112 left the shore and came inland, intersecting with Route 113. We followed 112 north to Clallam Bay. From there, we passed through the small communities of Sekiu, which appeared to be a very large RV park, and Neah Bay, a town on Makah Reservation. We followed the signs to Cape Flattery on a road that cut through the tip of the peninsula to bring us to the ocean side. We followed the road to the end where there was a relatively full parking area for the Cape Flattery trail.

Despite the fact that this trail is so far away from “civilization,” it’s really worth visiting. It immediately dives into the forest on an easy-to-follow pathway that descends gently under a dense canopy of evergreen trees. Most times, this trail is likely dripping wet with typical coastal rain forest weather, but the day we visited it was damp but mostly dry, with bright afternoon sunlight filtering through the branches. Where the trail was likely to encounter mud, it was “paved” with wooden planks or round cross-sections of large logs. It gave off a sort of magical feeling, as if we’d entered into a fairy tale, following the path of Little Red Riding Hood or Hansel and Gretel — but without the danger at the end.

Mike At Cape FlatteryAs we got closer and closer to the point, we could clearly hear the ocean waves crashing against rocks. There were a handful of short side trails to points where you could see the rocky shoreline. Some of them had been built up with rustic log rails to prevent a fall into the water below.

StacksAt the end of the trail was a platform that looked out to the northwest. There was an island out there with a lighthouse on it. To the north, was the opening of the strait and Vancouver Island; a container ship slowly made its way in toward the ports. Waves crashed on the shore against odd-looking formations called “stacks.”

Natural BonsaiBeyond the platform, a lone tree grew like a natural bonsai right at the edge of the cliff. Its gnarled trunk was twisted and curved from years of exposure to the elements. It made an interesting foreground subject for a view of the ocean and stack beyond it. I can imagine the shot being much better, with first light on the scene and a coastal mist partially obscuring the offshore landmarks.

By this time, it was late afternoon and we needed a place to spend the night. We debated about driving all the way back to Forks, which was on the way south. The Maps application on my phone — once I got back within range of the network — mentioned lodging farther south on the coast. I called the phone number. A recording answered and said the office was closed. It was 5:30 PM. I couldn’t understand how a place with cabins could just close at 5. We drove past and saw a bunch of relatively nice cabins, mostly unoccupied, adjacent to an RV park. The office was indeed closed. Their loss.

So we backtracked through Neah Bay and headed toward Forks. Despite very promising signs at Neah Bay about lodging, there was no place there I’d even consider staying. Between Sekiu and Clallam Bay, we spotted a motel with a restaurant next door. We pulled in.

I can’t remember the name of the place and that’s probably a good thing. It was not pleasant. The unit they put us in was at the end of a single-wide manufactured building. It consisted of two very small rooms, one of which had a kitchen it it. Although the place was clean, it was extremely run down and had a weird smell. I think it caters to fishermen. It did have a full sized refrigerator, which was good for us, because it let us store our remaining cheese and re-freeze the bottled water and freezer packs we were using to keep them cold. And it was quiet. And the restaurant was next door.

And, oh yeah: it was pretty cheap.

We had dinner in the restaurant next door. I had a fried fish platter, which was actually pretty good. We shared an ice cream sundae. Then we went back to our room with its cardboard walls, and called it a day.

I was exhausted.

Our Route: