Neither State Or Local Governments Can Regulate Drones

[DSR]

Just so we all can stick together on this issue, I have been doing research on the regulations of drones by state and local governments, and this is what I found:

FAA Home ▸ News ▸ Press Releases
Press Release – FAA Statement–Federal vs. Local Drone Authority
For Immediate Releas
July 20, 2018

Congress has provided the FAA with exclusive authority to regulate aviation safety, the efficiency of the navigable airspace, and air traffic control, among other things. State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace.

However, these powers are not the same as regulation of aircraft landing sites, which involves local control of land and zoning. Laws traditionally related to state and local police power – including land use, zoning, privacy, and law enforcement operations – generally are not subject to federal regulation.

Cities and municipalities are not permitted to have their own rules or regulations governing the operation of aircraft.
However, as indicated, they may generally determine the location of aircraft landing sites through their land use powers.

In the context of Unmanned Aircraft Systems (UAS) – popularly called “drones”— the Department of Transportation’s UAS Integration Pilot Program (IPP), directed by the President, will provide the FAA with insight on how to best involve local jurisdictions in the integration of UAS into the airspace (PDF) in a way that also alleviates their concerns. On May 9, the Secretary of Transportation announced the selection of 10 state, local, and tribal governments as participants in the pilot program. These entities will partner with private sector participants to safely explore the further integration of drone operations. We’re looking forward to working with the IPP participants as we look to the future.

 

[Mossiback]

You might want to add an e to Releas, print out a copy (including the source), and carry it with you. Even with it, unless you are very polite and the authorities will bother reading it, prepare for a ticket and an opportunity to explain it to a judge. There are a number of state and local jurisdictions that do not like the feds telling them what to do. Unless you have a lot of time and money, it may be best to just avoid flying in closed areas.

 

[svit-tank-drone]

Ready for printing if you want to have a copy with you. That being said, I think Mossiback is right about thinking twice about how you use this as you very well may wind up having to prove you are right in court--and that costs money even if you eventually win.

 

[packnrat]

printed, and saved on the computer, phone, and ipad.

 

[DSR]

You might want to add an e to Releas, print out a copy (including the source), and carry it with you. Even with it, unless you are very polite and the authorities will bother reading it, prepare for a ticket and an opportunity to explain it to a judge. There are a number of state and local jurisdictions that do not like the feds telling them what to do. Unless you have a lot of time and money, it may be best to just avoid flying in closed areas.

Ready for printing if you want to have a copy with you. That being said, I think Mossiback is right about thinking twice about how you use this as you very well may wind up having to prove you are right in court--and that costs money even if you eventually win.

Thanks Mossibach and svit-tank-drone! I am in Italy and was having a hard time getting the time to edit, and you did it for me or us. Thanks again!

 

[DrDrew3]

Just so we all can stick together on this issue, I have been doing research on the regulations of drones by state and local governments, and this is what I found:

FAA Home ▸ News ▸ Press Releases
Press Release – FAA Statement–Federal vs. Local Drone Authority
For Immediate Releas
July 20, 2018

Congress has provided the FAA with exclusive authority to regulate aviation safety, the efficiency of the navigable airspace, and air traffic control, among other things. State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace.

However, these powers are not the same as regulation of aircraft landing sites, which involves local control of land and zoning. Laws traditionally related to state and local police power – including land use, zoning, privacy, and law enforcement operations – generally are NOT subject to federal regulation.

Cities and municipalities are not permitted to have their own rules or regulations governing the operation of aircraft.
However, as indicated, they may generally determine the location of aircraft landing sites through their land use powers.

In the context of Unmanned Aircraft Systems (UAS) – popularly called “drones”— the Department of Transportation’s UAS Integration Pilot Program (IPP), directed by the President, will provide the FAA with insight on how to best involve local jurisdictions in the integration of UAS into the airspace (PDF) in a way that also alleviates their concerns. On May 9, the Secretary of Transportation announced the selection of 10 state, local, and tribal governments as participants in the pilot program. These entities will partner with private sector participants to safely explore the further integration of drone operations. We’re looking forward to working with the IPP participants as we look to the future.

This particular regulation has been discussed a lot over the last six months...

It only says and state governments can't regulate the AIRSPACE. But that same federal order says the GROUND landing (and takeoff) zones are not the jurisdiction of the FAA.

So a local park can ban you from taking off, landing or controlling a drone from their property but they can't ban you from flying over it.