Robert McCullough, president of the Eastmoreland Neighborhood Association, purchased a drone so he could monitor activity at the Brooklyn rail yard. So far he's only practiced flying the model aircraft.

The Southeast Portland resident who made headlines last week after purchasing a drone for spying on Union Pacific and developers won't be doing surveillance anytime soon.

His plan violates Federal Aviation Administration regulations, according to the FAA.

Robert McCullough purchased the 2.6-pound flying camera to capture video of activity at the Brooklyn rail yard. He wants to know if Union Pacific is using old locomotives the company agreed to replace by the end of last year. He also plans to monitor development projects in Eastmoreland.

The energy economist purchased the drone with his own money, but intended to donate the aircraft to the Eastmoreland Neighborhood Association. (He is the association's president.)

McCullough planned to only fly the drone, christened "Flying Monkey 1," over public right-of-ways for legal purposes.

But research shows avoiding private property doesn't make McCullough's venture legal.

Operating a drone, or "unmanned aircraft system," strictly for recreational purposes doesn't require approval from the FAA. The administration's website implies the alternative is commercial or business use.

Not so, according to FAA officials. Any purpose other than "hobby or recreational use" is subject to FAA regulation, and the operator needs the administration's permission.

Gathering information for use in negotiations or arbitration with Union Pacific or local builders doesn't qualify as purely recreational, an FAA official said.

McCullough said he will pursue proper approval right away.

"Flying Monkey 1 will get any licenses and any shots it needs before it leaves the hangar," he said.

The FAA does have "a number of enforcement tools available" to address violations, according to the administration. So far, McCullough's Flying Monkey 1 hasn't been used for any surveillance. He intended to capture video of a questionable renovation project in the neighborhood last week, but broke the contraption's propeller during flight practice.

It's not clear which certificates McCullough will need, but it could take months to get them. The FAA approves aircrafts on a case-by-case basis.

Check back tomorrow morning for a Q&A with more details about FAA regulations and a look at how a relatively new law in Oregon applies to McCullough's plans.

-- Melissa Binder