Can you fly a drone over Natura 2000 sites? SPAs, SCIs and SACs explained

Here is what you need to know before flying a drone over a Natura 2000 site in Spain: Special Protection Areas for birds (ZEPA), Sites of Community Importance (LIC) and Special Areas of Conservation (ZEC). Limits, obligations and the penalties involved.

Natura 2000: SCIs and SPAs

Biodiversity underpins a long list of ecosystem services: food production, water regulation, the compounds behind many medicines, the capacity to adapt to climate change, and protection against floods and drought.

Losing it carries costs to society far higher than what conservation would cost. It is also an inheritance — the result of centuries of responsible land management.

The Natura 2000 network, created by the Habitats Directive (92/43/EEC), is the largest coordinated conservation effort ever undertaken in Europe.

It is an ecological network of protected sites whose purpose is to secure the long-term conservation and survival of natural habitats and of wild fauna and flora across the European Union.

What are SPAs and SCIs?

Natura 2000 is made up of two kinds of protected site:

• Special Areas of Conservation (SACs, “ZEC” in Spanish), declared by member states on the basis of Sites of Community Importance (SCIs, “LIC”) approved by the European Commission. These are designated under the Habitats Directive and host natural habitat types or species of particular value at EU level. An SCI becomes an SAC once its management plan is approved.
• Special Protection Areas for birds (SPAs, “ZEPA”) are designated under the Birds Directive and host wild bird species to be conserved across the EU. Natura 2000 currently comprises 27,863 high-value ecological sites, covering roughly a fifth of the European land surface.

Thanks to its biodiversity, Spain contributes more territory to the network than any other EU country, at 17% of the total. As of December 2019 Spain had 1,467 SCIs and 657 SPAs declared, covering more than 27% of the Spanish land surface and close to 9% of its marine waters.

Can drones be flown over SPAs or SCIs?

Yes — but every SAC and SPA has an approved management plan tied to the territory it protects, and that plan is where any overflight restrictions live. So before flying over one, make sure you have the permission that applies.

In many of these areas the most strictly protected fauna are birds. Spain has several endangered species under the highest level of protection, among them the Spanish imperial eagle, the bearded vulture and the capercaillie. And drones and birds share the same airspace — low altitude — which makes coexistence complicated.

Many birds — kites, sparrows, pigeons — have learned to live alongside drones. Others, such as the golden eagle or the griffon vulture, will attack them, and those encounters tend to end badly for the bird, often fatally. Drones are also intrusive: ground-dwelling animals can be startled and unsettled by an operation overhead.

Iberian lynx, brown bear and wolf have all been disturbed by drones chasing them for a shot. Which is why flying over an SPA calls for a fair amount of restraint.

What to do when flying over SACs, SCIs and SPAs

Respect for the wildlife has to be near the top of a pilot’s priorities. Some practical advice for protecting both your operation and whatever is flying or walking below it:

• If you see birds near the aircraft, land and wait for them to move on.
• If a raptor is descending fast towards your drone, break sharply to one side and climb. Raptors dive very quickly but cannot climb as fast as a drone can, so you break off the attack and they lose interest.
• If birds such as storks are circling the aircraft, bring it close to you and hold it there until they lose interest.
• Gulls are territorial and aggressive, especially near nests. Give them room.
• Vultures will press an attack to their own cost when defending chicks, which makes them particularly dangerous.
• Ground animals are sensitive to drone flight too. If they look skittish, give them the distance they need.

You also need the skills and the accreditation to avoid penalties: in most cases flying over an SPA requires specific approved training. We train several hundred students a year on our drone pilot courses.

Flying over marine SPAs in Spain

The criteria for flying over fully marine Special Protection Areas are set by MITECO, the Spanish Ministry for Ecological Transition, which lays down the procedures for drone flights there.

In those areas recreational flying is prohibited. Professional flights are permitted under strict conditions, with the necessary permissions filed in advance and documentation justifying why the operation is needed.

How to request permission to fly over an SPA

To fly over an SPA — or any other protected site such as an SAC or a regional or national park — you always request flight permission from the body that manages the area. For an SPA in Madrid, for example, the contact is usually on the regional government’s site: Comunidad de Madrid, protected areas and Natura 2000.

The site’s management plan will tell you whether drone use is prohibited outright or whether an authorisation is available. Either way, to find out whether you are inside an environmentally protected area, check ENAIRE Drones.

When applying for permission, both where and when you intend to fly matter. Spring and summer are the most sensitive seasons because that is the breeding period: animals are more vulnerable to any disturbance, and those are the months to keep clear of.

One last thing worth keeping in mind: environmental penalties are the heaviest on the books. Plan the operation properly and look after the place while you are enjoying the flight.

Penalties for flying a drone over an SPA

If you fly over a Special Protection Area, follow the rules set out by AESA, the Spanish aviation safety agency, to avoid a penalty. Failing to comply can mean fines ranging from 60 euros in minor cases up to 225,000 euros in serious ones.

You may also be liable for compensation for material or personal damage. Drone insurance covering third-party damage is worth having.

Most fines come down to misuse or to simply not knowing the rules for the area. If you want to avoid a penalty for flying a drone in a nature reserve, read the restrictions for the specific SCI or SPA before you go.