Concern over no fly zones

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After reading the other thread on here where the guy lost dunked his Phantom in the water because of a "No Fly Zone - Landing" message, I have a couple questions.

Is that the protocol now for everywhere within the 5 (or is it 3) mile radius of an airport now with updated firmware? Or, is it just if you get closer than that?

My "home" area is on the fringe according to the "Don't Fly Drones Here" map. I have a lot of areas where I am fine, but there are some where it's literally borderline.

Another area where I can see myself flying is in Cape May, NJ. According to the map, the whole time is basically encompassed in a no fly zone, but I know for certain that people have flown there, and flown Phantoms. There is a Coast Guard base down there, but there are certainly safe areas.
 

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