State and Local Drone Laws: Frequently Asked Questions

Target Audience: New Drone Pilots

1. Do I need a license to fly a drone in the U.S.?

Yes, if you are flying for commercial purposes or non-recreational activities, you must obtain a Remote Pilot Certificate under 14 CFR Part 107. For recreational flights, you must comply with 49 USC § 44809 and pass the FAA TRUST exam (The Recreational UAS Safety Test). Regulatory Reference: 14 CFR Part 107; 49 USC § 44809

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2. Can I fly my drone anywhere I want?

No. While the FAA governs airspace use, state and local laws may impose additional restrictions. For example, some cities prohibit flying over parks, schools, or government buildings. Always check local ordinances before flying. Regulatory Reference: FAA Advisory Circular AC 91-57D; 49 USC § 44809

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3. What happens if I violate state or local drone laws?

Violating state or local laws could result in fines, penalties, or even confiscation of your drone. Additionally, unauthorized flights could lead to FAA enforcement actions if federal regulations are violated. Safety Reminder: Always fly responsibly and adhere to all applicable laws. Regulatory Reference: FAA UAS Enforcement Guidance

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4. How do I know if there are local restrictions in my area?

You can:

• Check city and state websites for drone-related ordinances.
• Use the FAA’s B4UFLY app to identify airspace restrictions.
• Contact local government offices for clarification.

Regulatory Reference: AC 107-2A

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Target Audience: Active Pilots

5. Can I fly near an airport under state or local laws?

FAA regulations prohibit flying within controlled airspace (e.g., near airports) without prior authorization. State or local laws may add restrictions. Use FAA UAS Facility Maps to check altitude limits and submit a request via LAANC (Low Altitude Authorization and Notification Capability). Regulatory Reference: 14 CFR Part 107.41

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6. What if my state law conflicts with FAA rules?

FAA regulations preempt state and local laws regarding airspace use. However, states can regulate drone operations related to privacy, property rights, and law enforcement. Always comply with both FAA rules and applicable local laws. Regulatory Reference: AC 00-1.1B

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7. Can I fly over people in public parks?

Under Part 107, flying over people is restricted unless you meet specific conditions (e.g., using a Category 1 drone). State or local laws may prohibit drone flights in parks altogether, even if FAA rules are met. Safety Reminder: Avoid flying in crowded areas for safety. Regulatory Reference: 14 CFR § 107.39

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Target Audience: Professional Operators

8. Are there state or local laws that affect commercial drone operations?

Yes. While FAA regulations govern airspace and operational limits, states may regulate specific commercial activities such as delivery services, insurance requirements, or permits for filming. Action Tip: Contact your state’s Department of Transportation for additional guidance. Regulatory Reference: 14 CFR Part 107

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9. How do I handle local law enforcement questioning my operations?

Always carry your FAA Remote Pilot Certificate, registration documents, and flight plan. Politely explain your compliance with FAA regulations and local laws. If enforcement actions are pursued, contact the FAA for clarification. Regulatory Reference: FAA Law Enforcement Guidance for Unauthorized UAS Operations

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10. Can I fly a drone for commercial purposes in a restricted area?

Commercial flights in restricted areas require FAA authorization, such as a waiver or LAANC approval. State or local permits may also be required depending on the location. Safety Reminder: Plan your operations in advance and ensure all permissions are obtained. Regulatory Reference: 14 CFR Part 107.200

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Target Audience: All Pilots

11. What’s the maximum altitude I can fly under FAA and local laws?

The FAA restricts drones to 400 feet above ground level (AGL) unless operating near a structure. Local laws may impose stricter limits. Regulatory Reference: 14 CFR § 107.51

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12. Can I fly at night in compliance with state and local laws?

Under Part 107, night operations are allowed with proper anti-collision lighting and training. However, some local jurisdictions may restrict nighttime flights. Check both FAA rules and local ordinances. Regulatory Reference: 14 CFR § 107.29

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13. Are drones banned in certain states or cities?

Some cities and states have enacted drone bans or severe restrictions, especially near critical infrastructure or sensitive areas like prisons or government facilities. Always verify with local authorities before flying. Regulatory Reference: FAA Advisory Circular AC 91-57D

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14. Can I fly a drone over private property?

FAA regulations allow flights over private property, but local laws may restrict operations due to privacy concerns. It’s best to obtain permission from the property owner to avoid potential legal disputes. Regulatory Reference: AC 00-1.1B

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15. How can I ensure compliance with state and local drone laws?

Follow these steps:

1. Review FAA regulations (14 CFR Part 107 or 49 USC § 44809).
2. Check state and local ordinances for additional restrictions.
3. Use FAA tools like B4UFLY and UAS Facility Maps.
4. Obtain necessary FAA authorizations and local permits.
5. Always prioritize safety and privacy when flying.

Regulatory Reference: 14 CFR Part 107; 49 USC § 44809

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Disclaimers and Final Notes

• Regulations may change: Always verify the latest requirements with the FAA and local authorities.
• This is educational content: This FAQ does not constitute legal advice.
• Consult official FAA documentation: For complete compliance requirements, refer to FAA.gov or the relevant regulations.

For more information, visit 120mAGL’s State and Local Drone Laws Guide .