State Drone Law


Vermont Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of February 21, 2017

Title 20, Chapter 205 of Vermont Statutes.

§ 4621. Definitions

As used in this chapter:

(1) “Drone” means a powered aerial vehicle that does not carry a human operator and is able to fly autonomously or to be piloted remotely.

(2) “Law enforcement agency” means:

(A) the Vermont State Police;

(B) a municipal police department;

(C) a sheriff’s department;

(D) the Office of the Attorney General;

(E) a State’s Attorney’s office;

(F) the Capitol Police Department;

(G) the Department of Liquor Control;

(H) the Department of Fish and Wildlife;

(I) the Department of Motor Vehicles;

(J) a State investigator; or

(K) a person or entity acting on behalf of an agency listed in this subdivision (2). (Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.)

§ 4622. Law enforcement use of drones

(a) Except as provided in subsection (c) of this section, a law enforcement agency shall not use a drone or information acquired through the use of a drone for the purpose of investigating, detecting, or prosecuting crime.

(b)

(1) A law enforcement agency shall not use a drone to gather or retain data on private citizens peacefully exercising their constitutional rights of free speech and assembly.

(2) This subsection shall not be construed to prohibit a law enforcement agency from using a drone:

(A) for observational, public safety purposes that do not involve gathering or retaining data; or

(B) pursuant to a warrant obtained under Rule 41 of the Vermont Rules of Criminal Procedure.

(c) A law enforcement agency may use a drone and may disclose or receive information acquired through the operation of a drone if the drone is operated:

(1) for a purpose other than the investigation, detection, or prosecution of crime, including search and rescue operations and aerial photography for the assessment of accidents, forest fires and other fire scenes, flood stages, and storm damage; or

(2) pursuant to:

(A) a warrant obtained under Rule 41 of the Vermont Rules of Criminal Procedure; or

(B) a judicially recognized exception to the warrant requirement.

(d)

(1) When a drone is used pursuant to subsection (c) of this section, the drone shall be operated in a manner intended to collect data only on the target of the surveillance and to avoid data collection on any other person, home, or area.

(2) Facial recognition or any other biometric matching technology shall not be used on any data that a drone collects on any person, home, or area other than the target of the surveillance.

(3)

(A) If a law enforcement agency uses a drone in exigent circumstances pursuant to subdivision (c)(2)(B) of this section, the agency shall obtain a search warrant for the use of the drone within 48 hours after the use commenced.

(B) If the court denies an application for a warrant filed pursuant to subdivision (A) of this subdivision (d)(3):

(i) use of the drone shall cease immediately; and

(ii) information or evidence gathered through use of the drone shall be destroyed.

(e) Information or evidence gathered in violation of this section shall be inadmissible in any judicial or administrative proceeding. (Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.)

§ 4623. Use of drones; Federal Aviation Administration requirements

(a) Any use of drones by any person, including a law enforcement agency, shall comply with all applicable Federal Aviation Administration requirements and guidelines.

(b) It is the intent of the General Assembly that any person who uses a model aircraft as defined in the Federal Aviation Administration Modernization and Reform Act of 2012 shall operate the aircraft according to the guidelines of community-based organizations such as the Academy of Model Aeronautics National Model Aircraft Safety Code. (Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.)

§ 4624. Reports

(a) On or before September 1 of each year, any law enforcement agency that has used a drone within the previous 12 months shall report the following information to the Department of Public Safety:

(1) The number of times the agency used a drone within the previous 12 months. For each use of a drone, the agency shall report the type of incident involved, the nature of the information collected, and the rationale for deployment of the drone.

(2) The number of criminal investigations aided and arrests made through use of information gained by the use of drones within the previous 12 months, including a description of how the drone aided each investigation or arrest.

(3) The number of times a drone collected data on any person, home, or area other than the target of the surveillance within the previous 12 months and the type of data collected in each instance.

(4) The cost of the agency’s drone program and the program’s source of funding.

(b) On or before December 1 of each year that information is collected under subsection (a) of this section, the Department of Public Safety shall report the information to the House and Senate Committees on Judiciary and on Government Operations. (Added 2015, No. 169 (Adj. Sess.), § 2, eff. Oct. 1, 2016.)

Title 13 of Vermont Statutes Annotated

§ 4018. DRONES

(a) No person shall equip a drone with a dangerous or deadly weapon or fire a projectile from a drone. A person who violates this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(b) As used in this section:

(1) “Drone” shall have the same meaning as in 20 V.S.A. § 4621.

(2) “Dangerous or deadly weapon” shall have the same meaning as in section 4016 of this title

Title 10 APPENDIX of Vermont Statutes Annotated. § 20 Aerial Hunting

1.0 Authority

This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance. In accordance with 10 V.S.A § 4084(a)(4), the Fish and Wildlife Board has the authority to prescribe the manner and means of taking any species or variety, and including reporting and tagging of game.

2.0 Purpose

The purpose of this rule is to restrict the taking of wild animals by use of aircraft and drones.

3.0 Definitions

a) “Aircraft” means a contrivance used for navigation of or flight in the air and specifically includes, but is not limited to, planes, helicopters, hang-gliders, hot air balloons and any other device that allows a person to fly or hover above the ground.

b) “Take or taking” as defined in 10 V.S.A. § 4001: pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, birds and quadrupeds and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in lawful manner.

c) “Unmanned aerial vehicle” means any device capable of flying in the air which is remotely, automatically or otherwise piloted without an occupant, including but not limited to drones.

d) “Wild animal” as defined in 10 V.S.A. § 4001: all animals, including birds, fish, amphibians, and reptiles, other than domestic animals.

 4.0 Aerial Hunting and Taking Prohibitions; Generally

4.1 It shall be unlawful for any person to take or attempt to take wild animals while a person is in an aircraft.

4.2 It shall be unlawful for any person to take or attempt to take wild animals by use of an UAV.

4.3 It shall be unlawful for any person within an aircraft, or with the use of a drone or UAV, to:

a) attempt to locate, surveil, or aid or assist in attempting to locate or surveil any wild animal, for the purpose of taking or attempting to take the wild animal; or

b) drive or harass any wild animal, or otherwise aid or assist in taking or attempting to take a wild animal.

 5.0 Authorized Exceptions

Nothing in this rule shall be construed to relieve or modify the requirement to comply with applicable state and federal regulations, regarding aircraft and UAVs or, to apply to qualified personnel carrying out their lawful duties, in compliance with applicable state and federal regulations and permits, regarding aircraft and “UAVs”. (Added 2015, Fish and Wildlife Board Reg., eff. Mar. 14, 2015.)


Utah Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of October 28, 2017

Effective 5/9/2017

Part 1 General Provisions

72-14-101 Title.

This chapter is known as “Unmanned Aircraft — Drones.”

Renumbered and Amended by Chapter 364, 2017 General Session

72-14-102 Definitions.

 As used in this chapter:

(1) “Airport” means the same as that term is defined in Section 72-10-102.

(2) “Airport operator” means the same as that term is defined in Section 72-10-102.

(3) “Unmanned aircraft” means an aircraft that is:

(a) capable of sustaining flight; and

(b) operated with no possible direct human intervention from on or within the aircraft.

(4) “Unmanned aircraft system” means the entire system used to operate an unmanned aircraft, including:

(a) the unmanned aircraft, including payload;

(b) communications equipment;

(c) navigation equipment;

(d) controllers;

(e) support equipment; and

(f) autopilot functionality.

Renumbered and Amended by Chapter 364, 2017 General Session

72-14-103 Preemption of local ordinance.

(1) A political subdivision of the state, or an entity within a political subdivision of the state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft unless:

(a) authorized by this chapter; or

(b) the political subdivision or entity is an airport operator that enacts the law, rule, or ordinance to govern:

(i) the operation of an unmanned aircraft within the geographic boundaries of the airport over which the airport operator has authority; or

(ii) the takeoff or landing of an unmanned aircraft at the airport over which the airport operator has authority.

(2) This chapter supersedes any law, ordinance, or rule enacted by a political subdivision of the state before July 1, 2017.

Enacted by Chapter 364, 2017 General Session

72-14-104 Applicability.

This chapter does not apply to a person or business entity:

(1) using an unmanned aircraft for legitimate educational or business purposes; and

(2) operating the unmanned aircraft system in a manner consistent with applicable Federal Aviation Administration rules, exemptions, or other authorizations.

Enacted by Chapter 364, 2017 General Session

Part 2 – Law Enforcement Use of Unmanned Aircraft

72-14-201 Title.

This part is known as “Law Enforcement Use of Unmanned Aircraft.”

Enacted by Chapter 364, 2017 General Session

72-14-202 Definitions.

As used in this part:

(1) “Civilian” means a person that is not a law enforcement officer.

(2) “Law enforcement agency” means the same as that term is defined in Section 53-3-102.

(3) “Law enforcement officer” means the same as that term is defined in Section 53-13-103.

(4) “Target” means a person upon whom, or an object, structure, or area upon which, another person:

(a) has intentionally collected or attempted to collect information through the operation of an unmanned aircraft system; or

(b) intends to collect or to attempt to collect information through the operation of an unmanned aircraft system.

Enacted by Chapter 364, 2017 General Session

72-14-203 Unmanned aircraft system use requirements – Exceptions.

(1) A law enforcement agency or officer may not obtain, receive, or use data acquired through an unmanned aircraft system unless the data is obtained:

(a) pursuant to a search warrant;

(b) in accordance with judicially recognized exceptions to warrant requirements;

(c) subject to Subsection (2), from a person who is a nongovernment actor;

(d) to locate a lost or missing person in an area in which a person has no reasonable expectation of privacy; or

(e) for purposes unrelated to a criminal investigation.

(2) A law enforcement officer or agency may only use for law enforcement purposes data obtained from a nongovernment actor if:

(a) the data appears to pertain to the commission of a crime; or

(b) the law enforcement agency or officer believes, in good faith, that:

(i) the data pertains to an imminent or ongoing emergency involving danger of death or serious bodily injury to an individual; and

(ii) disclosing the data would assist in remedying the emergency.

(3) A law enforcement agency or officer that obtains, receives, or uses data acquired through the use of an unmanned aircraft system or through Subsection (2) shall destroy the data as soon as reasonably possible after the law enforcement agency or officer obtains, receives, or uses the data subject to an applicable retention schedule under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal, state, or local law.

Renumbered and Amended by Chapter 364, 2017 General Session

72-14-204 Data retention.

(1) Except as provided in this section, a law enforcement agency:

(a) may not use, copy, or disclose data collected by an unmanned aircraft system on a person, structure, or area that is not a target; and

(b) in accordance with applicable federal, state, and local laws, shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law enforcement agency collects or receives the data.

(2) A law enforcement agency is not required to comply with Subsection (1) if:

(a) deleting the data would also require the deletion of data that:

(i) relates to the target of the operation; and

(ii) is requisite for the success of the operation;

(b) the law enforcement agency receives the data:

(i) through a court order that:

(A) requires a person to release the data to the law enforcement agency; or

(B) prohibits the destruction of the data; or

(ii) from a person who is a nongovernment actor;

(c)

(i) the data was collected inadvertently; and

(ii) the data appears to pertain to the commission of a crime;

(d)

(i) the law enforcement agency reasonably determines that the data pertains to an emergency situation; and

(ii) using or disclosing the data would assist in remedying the emergency; or

(e) the data was collected through the operation of an unmanned aircraft system over public lands outside of municipal boundaries.

Renumbered and Amended by Chapter 364, 2017 General Session

72-14-205 Reporting.

(1) As used in this section, “law enforcement encounter” means the same as that term is defined in Section 77-7a-103.

(2) A law enforcement officer or agency that operates an unmanned aircraft system while on duty or acting in the law enforcement officer’s or agency’s official capacity, or obtains or receives data in accordance with Section 72-14-203, shall document the following in any report or other official record of the law enforcement encounter:

(a) the presence and use of the unmanned aircraft;

(b) any data acquired; and

(c) if applicable, the person from whom data was received in accordance with Subsection 72-14-203(2).

Enacted by Chapter 364, 2017 General Session

Part 3 – Unlawful Use of Unmanned Aircraft

72-14-301 Title.

This part is known as “Unlawful Use of Unmanned Aircraft.”
Enacted by Chapter 364, 2017 General Session

72-14-302 Reserved.

Enacted by Chapter 364, 2017 General Session

72-14-303 Weapon attached to unmanned aircraft – Penalties.

(1) As used in this section “weapon” means:

(a) a firearm as described in Section 76-10-501; or

(b) an object that in the manner of the object’s use or intended use is capable of causing death, bodily injury, or damage to property, as determined according to the following factors:

(i) the location and circumstances in which the object is used or possessed;

(ii) the primary purpose for which the object is made;

(iii) the character of the damage, if any, the object is likely to cause;

(iv) the manner in which the object is used;

(v) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and

(vi) the lawful purposes for which the object may be used.

(2)

(a) Except as provided in Subsection (3), a person may not fly an unmanned aircraft that carries a weapon or to which a weapon is attached.

(b) A person that violates Subsection (2)(a) is guilty of a class B misdemeanor.

(3) A person may fly an unmanned aircraft that carries a weapon or to which a weapon is attached if the person:

(a)

(i) obtains a certificate of authorization, or other written approval, from the Federal Aviation Administration authorizing the person to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and

(ii) operates the unmanned aircraft in accordance with the certificate of authorization or other written approval;

(b)

(i) obtains a contract with the state or the federal government permitting the person to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and

(ii) operates the unmanned aircraft in accordance with the contract; or

(c) operates the unmanned aircraft that carries the weapon or to which the weapon is attached in airspace controlled by the United States Department of Defense, with the permission of the United States Department of Defense.

Enacted by Chapter 364, 2017 General Session

Part 4 – Safe Use of Unmanned Aircraft

72-14-401 Title.

This part is known as “Safe Use of Unmanned Aircraft.”
Enacted by Chapter 364, 2017 General Session

72-14-402 Reserved.

Enacted by Chapter 364, 2017 General Session

72-14-403 Safe operation of unmanned aircraft.

(1) An individual who operates an unmanned aircraft system to fly an unmanned aircraft for recreational purposes shall comply with this section or 14 C.F.R. Sec. 101, Subpart E.

(2) An individual operating an unmanned aircraft shall:

(a) maintain visual line of sight of the unmanned aircraft in order to:

(i) know the location of the unmanned aircraft;

(ii) determine the attitude, altitude, and direction of flight;

(iii) observe the airspace for other air traffic or hazards; and

(iv) determine that the unmanned aircraft does not endanger the life or property of another person;

(b) ensure that the ability described in Subsection (2)(a)(i) is exercised by either:

(i) the operator of the unmanned aircraft; or

(ii) a visual observer.

(3) An individual may not operate an unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless the operator of the unmanned aircraft has prior authorization from air traffic control.

(4) An individual may not operate an unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base.

(5) An individual may not operate an unmanned aircraft system:

(a) from a public transit rail platform or station; or

(b)

(i) under a height of 50 feet within a public transit fixed guideway right-of-way; and

(ii) directly above any overhead electric lines used to power a public transit rail vehicle.

(6) An individual may not operate an unmanned aircraft in violation of a notice to airmen described in 14 C.F.R. Sec. 107.47.

(7) An individual may not operate an unmanned aircraft at an altitude that is higher than 400 feet above ground level unless the unmanned aircraft:

(a) is flown within a 400-foot radius of a structure; and

(b) does not fly higher than 400 feet above the structure’s immediate uppermost limit.

(8)

(a) An individual who violates this section is liable for any damages that may result from the violation.

(b) A law enforcement officer shall issue a written warning to an individual who violates this section who has not previously received a written warning for a violation of this section.

(c) Except as provided in Subsection (8)(d), an individual who violates this section after receiving a written warning for a previous violation of this section is guilty of an infraction.

(d) An individual who violates this section is guilty of a class B misdemeanor for each conviction of a violation of this section after the individual is convicted of an infraction or a misdemeanor for a previous violation of this section.

Enacted by Chapter 364, 2017 General Session
Effective 7/17/2016

65A-3-2.5 Wildland fire and unmanned aircraft.

(1) As used in this section:

(a) “Incident commander” means the government official or employee in command of the response to a wildland fire.

(b) “Neutralize” means to terminate the operation of an unmanned aircraft by:

(i) disabling or damaging the unmanned aircraft;

(ii) interfering with any portion of the unmanned aircraft system associated with the unmanned aircraft; or

(iii) otherwise taking control of the unmanned aircraft or the unmanned aircraft system associated with the unmanned aircraft.

(c) “Sanctioned entity” includes a person that oversees, is employed by, or is working under the direction of:

(i) a government entity;

(ii) a telecommunications provider;

(iii) a utility provider;

(iv) the owner or operator of a pipeline;

(v) an insurance provider;

(vi) a resource extraction entity;

(vii) news media;

(viii) a person that operates an unmanned aircraft system under a certificate of waiver, a certificate of authorization, or any other grant of authority obtained from the Federal Aviation Administration that expressly authorizes operation of the unmanned aircraft system; or

(ix) a person similar to a person described in Subsections (1)(c)(i) through (vii).

(d) “Unmanned aircraft” means an aircraft that is:

(i) capable of sustaining flight; and

(ii) operated with no possible direct human intervention from on or within the aircraft.

(e) “Unmanned aircraft system” means the entire system used to operate an unmanned aircraft, including:

(i) the unmanned aircraft;

(ii) communications equipment;

(iii) navigation equipment;

(iv) controllers;

(v) support equipment; and

(vi) autopilot functionality.

(2) A person may not operate an unmanned aircraft system in a manner that causes an unmanned aircraft to fly within an area that is under a temporary flight restriction that is issued by the Federal Aviation Administration as a result of the wildland fire, or an area designated as a wildland fire scene on a system managed by a federal, state, or local government entity that disseminates emergency information to the public, unless the person operates the unmanned aircraft system with the permission of, and in accordance with the restrictions established by, the incident commander.

(3) A person, other than a government official or a government employee acting within the person’s capacity as a government official or government employee, that recklessly operates an unmanned aircraft system in a manner that causes an unmanned aircraft to fly within an area described in Subsection (2) is guilty of:

(a) except as provided in Subsection (3)(b), (c), or (d), a class B misdemeanor, punishable by imprisonment as provided in Section 76-3-204 and a fine not to exceed $2,500;

(b) except as provided in Subsection (3)(c) or (d), a class A misdemeanor, punishable by imprisonment as provided in Section 76-3-204 and a fine not to exceed $5,000, if the operation of the unmanned aircraft system:

(i) causes an aircraft being used to contain or control a wildland fire to drop a payload of water or fire retardant in a location other than the location originally designated for the aircraft to drop the payload;

(ii) causes an aircraft being used to contain or control a wildland fire to land without dropping a payload of water or fire retardant in the location originally designated for the aircraft to drop the payload; or

(iii) prevents an aircraft, intended for use in containing or controlling a wildland fire, from taking flight;

(c) except as provided in Subsection (3)(d), a third degree felony, punishable by imprisonment as provided in Section 76-3-203 and a fine not to exceed $10,000, if the operation of the unmanned aircraft system causes the unmanned aircraft to come into direct physical contact with a manned aircraft; or

(d) a second degree felony, punishable by imprisonment as provided in Section 76-3-203 and a fine not to exceed $15,000, if the operation of the unmanned aircraft is the proximate cause of a manned aircraft colliding with the ground, a structure, or another manned aircraft.

(4) A judge may require a person convicted of a violation under Subsection (3) to pay restitution in an amount equal to damages resulting from the violation, including damages to person or property, the costs of a flight, and any loss of fire retardant.

(5) The incident commander of a wildland fire shall grant reasonable access to the area of, and within three miles of, the wildland fire to a sanctioned entity if:

(a) the access is for a purpose related to the responsibilities or business of the sanctioned entity; and

(b) the access can be granted, with reasonable restrictions, without imposing a safety risk or impairing efforts to control the wildland fire.

(6) The chief law enforcement officer for a jurisdiction located in an area described in Subsection (2) or the incident commander of a wildland fire may neutralize or authorize another to neutralize an unmanned aircraft that is flying in an area described in Subsection (2) if the chief law enforcement officer or the incident commander determines that the neutralization is reasonably necessary to terminate a violation described in Subsection (3).

(7) A political subdivision of the state, or an entity within a political subdivision of the state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft in relation to a wildland fire.
Amended by Chapter 3, 2016 Special Session 3
Effective 5/9/2017

72-10-109 Certificate of registration of aircraft required – Exceptions.

(1)

(a) A person may not operate, pilot, or navigate, or cause or authorize to be operated, piloted, or navigated within this state any civil aircraft located in this state unless the aircraft has a current certificate of registration issued by this state through the county in which the aircraft is located.

(b) This restriction does not apply to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of the registered aircraft or to a non-passenger-carrying flight solely for inspection or test purposes authorized by the Federal Aviation Administration to be made without the certificate of registration.

(2) Aircraft assessed by the State Tax Commission are exempt from the state registration requirement under Subsection (1).

(3) Unmanned aircraft as defined in Section 72-14-102 are exempt from the state registration requirement under Subsection (1).
Amended by Chapter 364, 2017 General Session
Effective 5/9/2017

76-6-206 Criminal trespass.

(1) As used in this section:

(a) “Enter” means intrusion of the entire body or the entire unmanned aircraft.

(b) “Remain unlawfully,” as that term relates to an unmanned aircraft, means remaining on or over private property when:

(i) the private property or any portion of the private property is not open to the public; and

(ii) the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property.

(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:

(a) the person enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and:

(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;

(ii) intends to commit any crime, other than theft or a felony; or

(iii) is reckless as to whether the person’s or unmanned aircraft’s presence will cause fear for the safety of another;

(b) knowing the person’s or unmanned aircraft’s entry or presence is unlawful, the person enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by:

(i) personal communication to the person by the owner or someone with apparent authority to act for the owner;

(ii) fencing or other enclosure obviously designed to exclude intruders; or

(iii) posting of signs reasonably likely to come to the attention of intruders; or

(c) the person enters a condominium unit in violation of Subsection 57-8-7(8).

(3)

(a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless the violation is committed in a dwelling, in which event the violation is a class A misdemeanor.

(b) A violation of Subsection (2)(c) is an infraction.

(4) It is a defense to prosecution under this section that:

(a) the property was at the time open to the public; and

(b) the actor complied with all lawful conditions imposed on access to or remaining on the property.

Amended by Chapter 364, 2017 General Session
Effective 5/9/2017

76-9-402 Privacy violation.

(1) A person is guilty of privacy violation if, except as authorized by law, the person:

(a) trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place;

(b) installs, or uses after unauthorized installation in a private place, without the consent of the person or persons entitled to privacy in the private place, any device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in the private place; or

(c) installs or uses outside of a private place a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in the private place which would not ordinarily be audible, visible, or comprehensible outside the private place, without the consent of the person or persons entitled to privacy in the private place.

(2) A person is not guilty of a violation of this section if:

(a) the device used is an unmanned aircraft;

(b) the person is operating the unmanned aircraft for legitimate commercial or educational purposes in a manner consistent with applicable Federal Aviation Administration rules, exemptions, or other authorizations; and

(c) any conduct described in Subsection (1) that occurs via the unmanned aircraft is solely incidental to the lawful commercial or educational use of the unmanned aircraft.

(3) Privacy violation is a class B misdemeanor.
Amended by Chapter 364, 2017 General Session
Effective 5/9/2017

76-9-702.7 Voyeurism offenses – Penalties.

(1) A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record video of a person:

(a) for the purpose of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b) without the knowledge or consent of the individual; and

(c) under circumstances in which the individual has a reasonable expectation of privacy.

(2) A violation of Subsection (1) is a class A misdemeanor, except that a violation of Subsection (1) committed against a child under 14 years of age is a third degree felony.

(3) Distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained under Subsection (1) by transmission, display, or dissemination is a third degree felony, except that if the violation of this Subsection (3) includes images of a child under 14 years of age, the violation is a second degree felony.

(4) A person is guilty of voyeurism who, under circumstances not amounting to a violation of Subsection (1), views or attempts to view an individual, with or without the use of any instrumentality:

(a) with the intent of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b) without the knowledge or consent of the individual; and

(c) under circumstances in which the individual has a reasonable expectation of privacy.

(5) A violation of Subsection (4) is a class B misdemeanor, except that a violation of Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.
Amended by Chapter 364, 2017 General Session

Utah Administrative Code Regulation

R651-602-8. Operation of Unmanned Aircraft.

A person must obtain written permission from the park manager before operating an unmanned aircraft within the park system.

R657-5-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2.

(2) In addition:

…….

(s) “Drone” means an autonomously controlled, aerial vehicle of any size or configuration that is capable of controlled flight without a human pilot aboard.

R657-5-14. Use of Vehicle or Aircraft.

(1)

(a) A person may not use an airplane, drone, or any other airborne vehicle or device, or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles, except a vessel as provided in Subsection (c), to take protected wildlife.

(b) A person may not take protected wildlife being chased, harmed, harassed, rallied, herded, flushed, pursued or moved by any vehicle, device, or conveyance listed in Subsection (a).

(c) Big game may be taken from a vessel provided:

(i) the motor of a motorboat has been completely shut off;

(ii) the sails of a sailboat have been furled; and

(iii) the vessel’s progress caused by the motor or sail has ceased.

(2)

(a) A person may not use any type of aircraft, drone, or other airborne vehicle or device from 48 hours before any big game hunt begins through 48 hours after any big game hunting season ends to:

(i) transport a hunter or hunting equipment into a hunting area;

(ii) transport a big game carcass; or

(iii) locate, or attempt to observe or locate any protected wildlife.

(b) Flying slowly at low altitudes, hovering, circling or repeatedly flying over a forest, marsh, field, woodland or rangeland where protected wildlife is likely to be found may be used as evidence of violations of Subsections (1) and (2).

(3) The provisions of this section do not apply to the operation of an aircraft, drone, or other airborne vehicle or device in a usual manner, or landings and departures from improved airstrips, where there is no attempt or intent to locate protected wildlife.

R651-601-18. Unmanned Aircraft.

(1) “Unmanned Aircraft” means an aircraft that is capable of sustaining flight and that operates with no possible direct human intervention from, on or within the aircraft.


Tennessee Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of February 21, 2017

39-13-901.  Part definitions.

As used in this part:

(1) “Image” means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property; and

(2) “Unmanned aircraft” means an airborne device that is operated without an individual in or on the device.

39-13-902.  Lawful capture of images – Use for lawful purposes.

(a) Notwithstanding § 39-13-903, it is lawful to capture an image using an unmanned aircraft in this state:

(1) For purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by § 49-7-802, including a person who:

(A) Is a professor, employee, or student of the institution; or

(B) Is under contract with or otherwise acting under the direction or on behalf of the institution;

(2) In airspace designated as a test site or range authorized by the federal aviation administration for the purpose of integrating unmanned aircraft systems into the national airspace;

(3) As part of an authorized operation, exercise, or mission of any branch of the United States military, consistent with the Constitution of the United States;

(4) If the image is captured for the purposes of mapping; provided, the image of any person or thing on private property captured in the course of mapping shall be subject to § 39-13-905 as an image captured incidental to the lawful capturing of an image;

(5) If the image is captured for the practice of land surveying, as defined in § 62- 18-102, by a duly registered land surveyor, pursuant to title 62, chapter 18, part 1; provided, the image of any person or thing on private property captured in the course of land surveying shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image;

(6) If the image is captured by or for an electric or natural gas utility:

(A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity;

(B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities;

(C) For assessing vegetation growth for the purpose of maintaining clearances on utility easements; or

(D) For utility facility routing and siting for the purpose of providing utility service;

(7) With the consent of the individual who owns or lawfully occupies the real property captured in the image

(8) For law enforcement purposes, as permitted by § 39-13-609;

(9) If the image is captured by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state authorities, for the purpose of:

(A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;

(B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or

(C) Conducting routine air quality sampling and monitoring, as provided by state or local law;

(10) At the scene of a spill, or a suspected spill, of hazardous materials;

(11) For the purpose of fire suppression;

(12) For the purpose of rescuing a person whose life or well-being is in imminent danger;

(13) If the image is captured by a Tennessee licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;

(14) Of public real property or a person on that property;

(15) If the image is captured by the owner, operator or agent, or a person under contract with the owner, operator or agent, of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities, and is captured without the intent to conduct surveillance on an individual or real property located in this state;

(16) In connection with oil and gas pipeline and well safety and protection;

(17) In connection with port authority surveillance and security;

(18) As authorized or permitted by the federal aviation administration for use in a motion picture, television or similar production where the filming is authorized by the property owner and a state or local film permit agency, if required;

(19) As a part of a commercial service that has received authorization from the federal aviation administration to use unmanned aircraft or an unmanned aircraft operating under regulations promulgated by the federal aviation administration for commercial use of unmanned aircraft;

(20) If the image is captured by the department of transportation, or a person under contract with or otherwise acting under the direction of or on behalf of the department of transportation, for the purpose of planning, locating, designing, constructing, maintaining, or operating transportation programs or projects; provided, the image of any person or thing on private property captured by or for the department of transportation pursuant to this subdivision shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; or

(21) If the image is captured for the practice of photogrammetric mapping by an individual who holds the “certified photogrammetrist” designation of the American Society for Photogrammetry and Remote Sensing or other national scientific organization having a process for certifying photogrammetrists; provided, the image of any person or thing on private property captured in the course of photogrammetric mapping shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image.

(b) An image captured for law enforcement purposes by a state or local law enforcement agency, or by a person who is under contract with or otherwise acting under the direction of or on behalf of such agency, shall be handled in accordance with § 39-13-609 and shall not be used for any purpose other than the lawful purpose for which the image was captured as permitted by this section.

39-13-903.  Unlawful capture of image with intent to conduct surveillance a misdemeanor offense -Defense.

(a) Subject to the exceptions set forth in § 39-13-902(a), a person commits an offense if the person:

(1) Uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image;

(2) Knowingly uses an image in a manner prohibited by § 39-13-902(b);

(3) Without the venue owner or operator’s consent, uses an unmanned aircraft to intentionally capture an image of an individual or event at an open-air event venue wherein more than one hundred (100) individuals are gathered for a ticketed event;

(4)

(A) Knowingly uses an unmanned aircraft within or over a designated fireworks discharge site, fireworks display site, or fireworks fallout area during an event as defined in § 68-104-202, without the consent of the owner or operator of the event; and

(B) For purposes of this subdivision (a)(4):

(i) “Discharge site” means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display;

(ii) “Display site” means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and

(iii) “Fallout area” means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired;

(5) Knowingly uses an unmanned aircraft over the grounds of a correctional facility; or

(6)

(A) Without the business operator’s written consent, knowingly uses an unmanned aircraft within two hundred fifty feet (250′) of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance of, gathering evidence or collecting information about, or photographically or electronically recording, critical infrastructure data;

(B) As used in this subdivision (a)(6), “critical infrastructure facility” means:

(i) An electrical power generation system; electrical transmission system, either as a whole system or any individual component of the transmission system; or electrical distribution substation;

(ii) A petroleum refinery;

(iii) A manufacturing facility that utilizes any hazardous substance, as defined in § 68-131-102, either in storage or in the process of manufacturing;

(iv) A chemical or rubber manufacturing facility;

(v) A petroleum or chemical storage facility;

(vi) A water or wastewater treatment facility;

(vii) Any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas or propane; and

(viii) Railroad yards and facilities not open to the general public;

(C) This subdivision (a)(6) shall not prohibit an unmanned aircraft system from operating for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.

(b) An offense under this section is a Class C misdemeanor.

(c) It is a defense to prosecution under this section that the person destroyed the image:

(1) As soon as the person had knowledge that the image was captured in violation of this section; and

(2) Without disclosing, displaying, or distributing the image to a third party.

39-13-904.  Possession or distribution and use of unlawfully captured images – Misdemeanor offenses – Separate images constitute separate offenses – Defenses.

(a) A person commits an offense if the person:

(1) Captures an image in violation of § 39-13-903; and

(2)

(A) Possesses that image; or

(B) Discloses, displays, distributes, or otherwise uses that image.

(b)

(1) An offense under subdivision (a)(2)(A) is a Class C misdemeanor.

(2) An offense under subdivision (a)(2)(B) is a Class B misdemeanor.

(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.

(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.

(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.

39-13-905.  Use of unlawfully captured images as evidence -Disclosure of images limited.

(a) Except as otherwise provided by subsection (b), an image captured in violation of § 39-13-903, or an image captured by an unmanned aircraft that was incidental to the lawful capturing of an image:

(1) May not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;

(2) Is not subject to disclosure, inspection, or copying under title 10, chapter 7; and

(3) Is not subject to discovery, subpoena, or other means of legal compulsion for its release.

(b) An image described by subsection (a) may be disclosed and used as evidence to prove a violation of this part and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.

39-13-906.  Applicability of part.

This part shall not apply to the manufacture, assembly, distribution, or sale of an unmanned aircraft.

39-13-907.  Construction of part.

Nothing in this part shall be construed as permitting any act prohibited by other law.

70-4-301.  Part definitions.

As used in this part, unless the context otherwise requires:

(1) “Drone” means a drone as defined in § 39-13-609;

(2) “Taking” means the capture or killing of a wild animal and includes travel, camping, and other acts preparatory to taking that occur on lands or waters upon which the affected person has the right or privilege to take such wild animal; and

(3) “Wild animal” means any wild creature, the taking of which is authorized by the fish and game laws of the state.

70-4-302.  Violations -Penalty.

(a) Any person who performs any of the following commits a Class C misdemeanor:

(1) Interferes with the lawful taking of a wild animal by another with intent to prevent the taking;

(2) Disturbs or engages in an activity that will tend to disturb wild animals, with intent to prevent their lawful taking;

(3) Disturbs another person who is engaged in the lawful taking of a wild animal or who is engaged in the process of taking, with intent to dissuade or otherwise prevent the taking;

(4) Enters or remains upon public lands, or upon private lands without permission of the owner or the owner’s agent, with intent to violate this section;

(5) Fails to obey the order of a peace officer to desist from conduct in violation of this section if the officer observes such conduct, or has reasonable grounds to believe that the person has engaged in such conduct that day or that the person plans or intends to engage in such conduct that day on a specific premises; or

(6) Uses a drone with the intent to conduct video surveillance of private citizens who are lawfully hunting or fishing without obtaining the written consent of the persons being surveilled prior to conducting the surveillance.

(b) As used in subsection (a), “any person” means any individual, firm, association, company, partnership, corporation, public or private organization, institution or similar entity.

70-4-303.  Injunctions – Damages – Construction.

(a) Any court may enjoin conduct that would be in violation of § 70-4-302 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

(b) A court may award damages to any person adversely affected by a violation of § 70-4-302, which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment and supplies, to the extent that such expenditures were rendered futile by prevention of the taking of a wild animal.

(c) No provision of this part shall be construed to prohibit or otherwise restrict any landowner, tenant, or employee of a landowner from engaging in normal activities on or normal use of the land or property, and such activities or use shall not be deemed unlawful pursuant to any provision of this part. No provision of this part shall be construed so as to interfere with the right of the landowner to prohibit trespass upon the landowner’s property by any person.

1720-01-02-.01 DEDICATION OF UNIVERSITY PROPERTY.

The University of Tennessee

(“University”) dedicates its property exclusively to the advancement of the University’s principal missions of teaching, research, and service. The University regulates its property to preserve it for the advancement of the University’s principal missions.

1720-01-02-.02 DEFINITIONS.

(1) The term “University property” means all land, grounds, structures, and any other physical property owned, controlled, or operated by the University of Tennessee.

(2) The term “University unit” means any academic, administrative, or auxiliary department or division of the University or any other official entity of the University, functioning through University employees acting within the scope of their University employment.

(3) The term “unmanned aircraft” means a device that is used or is intended to be used for flight in the air without an individual in or on the device (e.g., drone, model aircraft).

1720-01-02-.03 AUTHORIZED USERS AND PERMISSIBLE USES.

(1) The use of University property is limited to the following persons, subject to Section .03(2) and Section .05:

(a) University students;

(b) University employees;

(c) Members of the Board of Trustees;

(d) Government officials acting in their official capacities;

(e) A person or entity invited by a University unit, including but not limited to, a person or entity who has a contract to provide services to the University, provided that the use of University property shall not exceed the scope of the University unit’s invitation;

(f) A person who has been invited by a University student, student organization, or employee in his/her personal capacity, to join the student, student organization, or employee in the use of University property (e.g., friends and family), but not including the use of University property for free expression activities, provided that the use of University property shall not exceed the scope of the invitation;

(g) A non-affiliated person using University property for free expression activities pursuant to Chapter 1720-01-12 (Use of University Property by Non-Affiliated Persons for Free Expression Activities);

(h) Volunteers of the University, as defined by University policy, within the scope of their volunteer work;

(i) Prospective students visiting University property and persons accompanying prospective students for purposes reasonably necessary to evaluate the University as an educational institution;

(j) Alumni visiting University property and persons accompanying alumni;

(k) A person who has a right of access to University property under Tennessee Code Annotated § 8-50-1001 or any other statutory provisions permitting access to University property;

(l) Any person or entity engaged in one of the following uses of University property:

    1. The use of University property for the purpose of attending a University activity or event that is open to attendance by the members of the general public at a designated place and time (e.g., athletic contests, plays, lectures, concerts);
    1. The use of University-owned streets, or University-owned sidewalks bordering University-owned streets, as thoroughfares while traveling from one location to another location;
    1. The use of University property that is open to the general public (e.g., campus bookstore, library, museum);
    1. The use of University property consistent with the terms of a lease agreement with the University; or
    1. The use of University property for a purpose relating to obtaining medical treatment from the University.

(2) The use of University property shall be consistent with the University’s principal missions of teaching, research, and service. A person using University property shall not:

(a) block or substantially impede vehicular, bicycle, pedestrian, or other traffic;

(b) block or substantially impede entrances or exits to University property;

(c) substantially disrupt or interfere with University operations, events, or activities;

(d) substantially disrupt or interfere with the ability of a student to sleep or study in a University residence hall between the hours of 10:00 p.m. and 6:00 a.m. during an academic term;

(e) substantially disrupt or interfere with the ability of a student to study in a University library;

(f) violate a federal, state, or local law, rule, regulation, or ordinance;

(g) violate University rules, policies, or procedures;

(h) engage in speech that is obscene; is defamatory; consists of fighting words; communicates an objectively serious expression of intent to commit an act of unlawful violence to a particular individual or group; or is directed to inciting or producing imminent lawless action and is likely to incite or produce such action;

(i) engage in camping in violation of Tennessee law, the Equal Access to Public Property Act of 2012, unless the area on which camping occurs has been specifically designated by the University as available for camping;

(j) unreasonably threaten the health or safety of another person; or

(k) damage or deface University property, including, but not limited to, grass, shrubs, trees, or other landscaping.

(3) Nothing in Section .03(2) shall be construed to prohibit a use of University property that has been expressly authorized by the University (e.g., a construction project that temporarily interferes with the use of a street);

1720-01-02-.05 NO-TRESPASS NOTICES.

(1) A No-Trespass Notice (“Notice”) is a written directive requiring a non-affiliated person to leave and/or not enter all or part of University property.

(2) A sworn law enforcement officer employed by the University may issue a Notice to a nonaffiliated person:

(a) who is not authorized to use University property under Section .03(1), and who has refused to leave University property, or a specified part of University property, within a reasonable time after the person has received an oral request to leave by a University official;

(b) who has engaged in a use of University property that is prohibited by Section .03(2), and who has refused to cease the prohibited conduct within a reasonable time after receiving an oral request to do so from a University official;

(c) who, in the good faith judgment of the law enforcement officer issuing the Notice, poses an unreasonable threat to the health, safety, or welfare of a person(s) affiliated with the University while on University property; or

(d) who, in the good faith judgment of the law enforcement officer issuing the Notice, has engaged in conduct that substantially disrupts or interferes with University operations, events, or activities, or is likely to cause such a disruption or interference.

(3) A Notice must specify: the reason for the Notice; the geographical scope of the restriction; the duration of the restriction, which may be for an indefinite period; the potential consequences of a violation of the Notice; and the process for appealing the issuance of the Notice. The scope and duration of the restriction imposed must be proportional to the underlying misconduct. In appropriate circumstances, with respect to conduct on University property, a Notice also may prohibit a non-affiliated person from contacting or being within a certain distance from a person affiliated with the University.

(4) Appeals

(a) A non-affiliated person to whom a Notice has been issued may appeal the decision to the chief of police for the University’s campus/institute.

(b) A non-affiliated person must submit the appeal in writing. The written appeal must be received by the chief of police within twenty (20) calendar days of the date on which the Notice was provided to the non-affiliated person. Any Notice mailed (or e-mailed) to a non-affiliated person shall be deemed to have been provided on the date on which it was mailed (or e-mailed). The written appeal should include the non-affiliated person’s reason for being on University property, the non-affiliated person’s future need to be on University property, and any other information the non-affiliated person wishes the University official who issued the Notice to consider.

(c) Upon receipt of a written appeal, the chief of police will consult as needed with other University officials to verify the non-affiliated person’s need for access to University property, to gather additional information or advice, or to review the impact that granting the appeal may have on persons affiliated with the University.

(d) Within twenty (20) calendar days of the receipt of an appeal submitted in accordance with this Chapter, the chief of police will sustain, rescind or modify the Notice in a written decision that will be mailed to the address provided by the non-affiliated person. The decision of the chief of police is final and not appealable within the University.

(e) The restrictions set forth in the Notice will remain in effect while an appeal of the Notice is pending.

(f) If the chief of police issued the Notice, then the non-affiliated person may appeal to the supervisor of the chief of police following the procedures set forth in Section .05(4)(a)-(e).

1720-01-02-.06 USE OF UNMANNED AIRCRAFT.

(1) The purpose of the restrictions in this Section .06 is to ensure the safe and orderly use of unmanned aircraft on, at, inside, or above University property.

(2) Unmanned aircraft shall not be used:

(a) By a person who is not authorized to use University property under Section .03;

(b) At a time, in a place, or in a manner prohibited under Section .03;

(c) Inside University buildings or facilities;

(d) On or above University-owned streets or University-owned sidewalks;

(e) Above a human being who is either not directly participating in the operation of the unmanned aircraft or not located under a covered structure that can provide reasonable protection from a falling unmanned aircraft;

(f) On or above a University campus within four hours prior to the scheduled kickoff time of an intercollegiate football game on that campus, during the game, or within two hours after the conclusion of the game;

(g) Outside the hours of official sunrise and sunset; or

(h) In a manner that violates federal or state law, including, without limitation, regulations issued by the Federal Aviation Administration.

(3) This Section .06 does not apply to unmanned aircraft used by a University unit, including faculty conducting research using unmanned aircraft, or a person or entity with whom the University has contracted to operate an unmanned aircraft; provided, however, that unmanned aircraft shall be used in accordance with federal and state law, including, without limitation, regulations issued by the Federal Aviation Administration.


Rhode Island Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of February 21, 2017

§ 1-8-1 Exclusive aerial regulations.

Subject to federal law, the state of Rhode Island and the Rhode Island airport corporation shall have exclusive legal authority to regulate any object capable of flying that is remotely controlled and flies autonomously through software-controlled flight plans embedded in the object’s system by a global-position system, commonly known as unpiloted aerial vehicles, remotely piloted aircraft, drones, or unmanned aircraft systems.


Oklahoma Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

HB2599 was passed and became law. The text is located below.

“The Governor of Oklahoma passed EXECUTIVE ORDER 2016-15  at the same time which says,

Today, I signed into law House Bill 2599, which, among other things, generally prohibits unmanned aircraft from being flown within a close proximity of critical infrastructure like chemical manufacturing facilities and electrical power generating facilities. This law, however, does not apply to an “unmanned aircraft [UA] that is being used for a commercial purpose, if the operator is authorized by the Federal Aviation Administration [FAA] to conduct operations over that airspace.”
The aforementioned exemption for commercial operators is sound policy: since commercial operators are already held to federal standards that are more rigorous than those for hobbyists or recreational fliers, and are also subject to a federal permitting process, more regulation is not needed to protect the public interest. And, because federally-regulated commercial operators may receive a blanket Certificate of Waiver or Authorization for flights anywhere in the country, as long as the flights are conducted in compliance with certain, specific FAA safety standards-including, for instance, height and daytime flight restrictions, as well as avoidance of restricted airspace-it is only logical to equate “operations over that airspace” with “operations over airspace as authorized by the FAA.” Any different interpretation would not only be inconsistent with FAA regulation, but also could force commercial operators to seek the written consent of the facility owner or operator prior to flight-a task so logistically difficult as to functionally disallow commercial UA operations in Oklahoma.
Accordingly, to the extent that any Oklahoma agency is called upon to interpret the exemption at issue (to be codified at Section 322(C)(9) of Title 3 of the Oklahoma Statutes), I hereby direct that such interpretation shall be consistent with this Executive Order.
This Executive Order shall be distributed to the Oklahoma Aeronautics Commission and to all of my Cabinet Secretaries, who shall cause the provisions of this Order to be implemented.”

Oklahoma State Statute, Section 3-322. Critical infrastructure facility – Unmanned aircraft prohibited.

A. As used in this section:
1. “Critical infrastructure facility” means:

a. one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden or flight of unmanned aircraft without site authorization is forbidden:

(1) a petroleum or alumina refinery,
(2) an electrical power generating facility, substation, switching station or electrical control center,
(3) a chemical, polymer or rubber manufacturing facility,
(4) a water intake structure, water treatment facility, wastewater treatment plant or pump station,
(5) a natural gas compressor station,
(6) a liquid natural gas terminal or storage facility,
(7) a telecommunications central switching office,
(8) wireless telecommunications infrastructure, including cell towers,
(9) a port, railroad switching yard, trucking terminal or other freight transportation facility,
(10) a gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas or natural gas liquids,
(11) a transmission facility used by a federally licensed radio or television station,
(12) a steelmaking facility that uses an electric arc furnace to make steel,
(13) a facility identified and regulated by the United States Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program,
(14) a dam that is regulated by the state or federal government, or
(15) a natural gas distribution utility facility, including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, aboveground piping, a regulator station and a natural gas storage facility, or

b. any aboveground portion of an oil, gas, hazardous liquid or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders;

2. “Dam” means any barrier, including any appurtenant structures, that is constructed for the purpose of permanently or temporarily impounding water; and
3. “Unmanned aircraft” means an aircraft without occupants that is flown by a pilot via a ground control system or autonomously through use of an onboard computer and other additional equipment necessary to operate the aircraft and includes unmanned aircraft commonly called drones.

B. Except as provided in subsection C of this section, a person shall not intentionally or knowingly:

1. Operate an unmanned aircraft over a critical infrastructure facility if the unmanned aircraft is less than four hundred (400) feet above ground level;
2. Allow an unmanned aircraft to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility; or
3. Allow an unmanned aircraft to come within a distance of a critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

C. This section shall not apply to conduct committed by:

1. The federal government, the state or a political subdivision of the state;
2. A person under contract with or otherwise acting under the direction or on behalf of the federal government, the state or a political subdivision of the state;
3. A law enforcement agency;
4. A person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;
5. An owner or operator of the critical infrastructure facility;
6. A person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the critical infrastructure facility;
7. A person who has the prior written consent of the owner or operator of the critical infrastructure facility;
8. The owner or occupant of the property on which the critical infrastructure facility is located or a person who has the prior written consent of the owner or occupant of that property; or
9. An operator of an unmanned aircraft that is being used for a commercial purpose, if the operator is authorized by the Federal Aviation Administration to conduct operations over that airspace.

D. Any person in violation of this section may be civilly liable for damages to the critical infrastructure facility to include, but not be limited to, damage to property, the environment or human health.
Added by Laws 2016, c. 313, § 1, eff. Nov. 1, 2016.


North Dakota Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of February 21, 2017

The North Dakota legislature passed HB1328 which added 6 sections to North Dakota’s Century Code.

North Dakota Century Code

29-29.4-01. Definitions.

As used in this chapter:

  1. “Flight data” means imaging or other observation recording.
  2. “Flight information” means flight duration, flight path, and mission objective.
  3. “Law enforcement agency or agents” has the meaning provided for law enforcement officer in section 12.1-01-04.
  4. “Unmanned aerial vehicle” means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. The term does not include satellites.
  5. “Unmanned aerial vehicle system” means an unmanned aerial vehicle and associated elements, including communication links and the components that control the unmanned aerial vehicle, which are required for the pilot in command to operate safely and efficiently in state airspace.

29-29.4-02. Limitations on use of unmanned aerial vehicle system.

  1. Information obtained from an unmanned aerial vehicle is not admissible in a prosecution or proceeding within the state unless the information was obtained:

a. Pursuant to the authority of a search warrant; or

b. In accordance with exceptions to the warrant requirement.

2. Information obtained from the operation of an unmanned aerial vehicle may not be used in an affidavit of probable cause in an effort to obtain a search warrant, unless the information was obtained under the circumstances described in subdivision a or b of subsection 1 or was obtained through the monitoring of public lands or international borders.

29-29.4-03. Warrant requirements.

A warrant for the use of an unmanned aerial vehicle must satisfy the requirements of the Constitution of North Dakota. In addition, the warrant must contain a data collection statement that includes:

  1. The persons that will have the power to authorize the use of the unmanned aerial vehicle;
  2. The locations in which the unmanned aerial vehicle system will operate;
  3. The maximum period for which the unmanned aerial vehicle system will operate in each flight; and
  4. Whether the unmanned aerial vehicle system will collect information or data about individuals or groups of individuals, and if so:

a. The circumstances under which the unmanned aerial vehicle system will be used; and

b.The specific kinds of information or data the unmanned aerial vehicle system will collect about individuals and how that information or data, as well as conclusions drawn from that information or data, will be used, disclosed, and otherwise handled, including:

(1) The period for which the information or data will be retained; and

(2) Whether the information or data will be destroyed, and if so, when and how the information or data will be destroyed.

29-29.4-04. Exceptions.

This chapter does not prohibit any use of an unmanned aerial vehicle for surveillance during the course of:

  1. Patrol of national borders. The use of an unmanned aerial vehicle to patrol within twenty-five miles [40.23 kilometers] of a national border, for purposes of policing that border to prevent or deter the illegal entry of any individual, illegal substance, or contraband.
  2. Exigent circumstances. The use of an unmanned aerial vehicle by a law enforcement agency is permitted when exigent circumstances exist. For the purposes of this subsection, exigent circumstances exist when a law enforcement agency possesses reasonable suspicion that absent swift preventative action, there is an imminent danger to life or bodily harm.
  3. An environmental or weather-related catastrophe. The use of an unmanned aerial vehicle by state or local authorities to preserve public safety, protect property, survey environmental damage to determine if a state of emergency should be declared, or conduct surveillance for the assessment and evaluation of environmental or weather-related damage, erosion, flood, or contamination.
  4. Research, education, training, testing, or development efforts undertaken by or in conjunction with a school or institution of higher education within the state and its political subdivisions, nor to public and private collaborators engaged in mutually supported efforts involving research, education, training, testing, or development related to unmanned aerial vehicle systems or unmanned aerial vehicle system technologies and potential applications.

29-29.4-05. Prohibited use.

  1. A law enforcement agency may not authorize the use of, including granting a permit to use, an unmanned aerial vehicle armed with any lethal weapons.
  2. This chapter prohibits any use of an unmanned aerial vehicle for:

a. Domestic use in private surveillance. A law enforcement agency may not authorize the use of, including granting a permit to use, an unmanned aerial vehicle to permit any private person to conduct surveillance on any other private person without the express, informed consent of that other person or the owner of any real property on which that other private person is present.

b. Surveillance of the lawful exercise of constitutional rights, unless the surveillance is otherwise allowed under this chapter.

29-29.4-06. Documentation of unmanned aerial vehicle use.

  1. The person authorized to conduct the surveillance under this chapter shall document all use of an unmanned aerial vehicle for surveillance. The person shall document all surveillance flights as to duration, flight path, and mission objectives.
  2. The flight information must be verified as accurate and complete by the supervising person authorized by a court to conduct the surveillance.
  3. The flight information required under this section must be retained for five years.
  4. Any imaging or any other forms of data lawfully obtained under this chapter which are not accompanied by a reasonable and articulable suspicion that the images or data contain evidence of a crime, or are relevant to an ongoing investigation or trial, may not be retained for more than ninety days.
  5. Except for the operational capabilities of the unmanned aerial vehicle system and other operational information strictly related to the technical conduct and physical security of the surveillance operation, a person accused of a crime that includes evidence gathered through the use of an unmanned aerial vehicle system surveillance may obtain all information relating to the person acquired in the course of the surveillance through subpoena and discovery proceedings available in criminal proceedings.
  6. Any other person that has an interest in obtaining the documentation required by this section may obtain that documentation pursuant to chapter 44-04.

Alabama Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of February 21, 2017

Great news! At the time of the writing of this article, there were no Alabama drone laws in effect at the state level. There still might be some at the local level Alabama drone laws but this article is focusing only on state level Alabama drone law.

I did manage to find multiple pending Alabama drone law bills

Alabama Governor Robert Bentley formed for drone task force in August 2014 and gave them guidelines on what he wanted them to do.

Below is a copy of the task force’s recommendations.

January 15, 2015

The Honorable Robert Bentley

Governor of Alabama

State Capitol

600 Dexter Ave.

Montgomery, Alabama  36130

Re: Task Force Report on Unmanned Aerial Systems

Hon. Robert Bentley, Governor:

Subsequent to your executive order establishing the unmanned aerial systems task force, which included the Alabama Department of Transportation, Alabama Department of Agriculture and Industries, Alabama Department of Conservation and Natural Resources, and the Alabama Law Enforcement Agency, the task force has been extremely busy and actively engaged in determining Alabama’s best path moving forward as it relates to the policy and regulation of unmanned aerial systems.

To achieve the best results, the task force divided itself into subcommittees that represent the major entities that would be involved in the implementation, use, or regulation of an unmanned aerial system platform within the state. The subcommittees met independently from the task force and were comprised of stakeholders from both the public and private sectors that best represented the expertise and utilization within that subcommittee’s scope. The subcommittees produced a report to the task force, which you will find attached as appendices to this letter.

The subcommittees and their chairs included:

  • Legislative Affairs – Lt. Gov. Kay Ivey
  • Agriculture & Forestry – Comm. John McMillan of Alabama Department of Agriculture & Industries
  • Conservation & Natural Resources – Comm. Gunter Guy, Alabama Department of Conservation & Natural Resources
  • Transportation, Construction & Public Utilities – Director John Cooper, Alabama Department of Transportation
  • First Responders & Public Safety – Secretary Spencer Collier, Alabama Law Enforcement Agency
  • Education & Research – Dr. Bill Hutto, Director of Auburn University Aviation Center
  • Aviation – Jimmy Reynolds, Montgomery Municipal Airport Authority

As the task force researched and obtained information regarding the current and future situations surrounding unmanned aerial system policy and regulation, we realized that without input and insight from a federal government perspective, we would be mostly unsuccessful. A major concern in the development of UAS technology was to preserve and respect the privacy concerns of every citizen. As a result, the task force invited Mr. John McGraw, a former FAA executive and expert in this field, to come to Alabama and educate not only your task force members, but also subcommittee members and the general public about the past, current, and future opportunities with unmanned aerial systems. He provided much-needed insight and background knowledge into the FAA mindset, historical actions or inactions, and expected time frames for positive movement regarding new policies and regulations.

We should note that from our many hours of study, testimony and observation, that this emerging technology holds great economic promise for our Great State in nearly every sector. Moreover, unmanned aerial technology can be applied to many departments of state government for aerial inspections, law enforcement surveillance, as well as many other potential applications. All of these, while requiring some investment, can make government more efficient and cost-effective.

After receiving the reports from our assigned subcommittees, hearing public concerns and comments, and careful deliberation within the task force, we respectfully recommend the following actions be taken to allow Alabama to lean forward and be prepared when the federal government officially releases its UAS policies and regulations for implementation:

1)  The task force recommends that an Executive Order be issued that places unmanned aerial systems authority under the Bureau of Aeronautics of the Alabama Department of Transportation.

2) The task force recommends that an Executive Order be issued to create a UAS Council to be comprised of members of the current UAS task force with the addition of representation from the Alabama Legislature, with their function to serve as an advisory group through the continued work of current subcommittees while providing direction to the aeronautics bureau of the Department of Transportation.

It would be the desire of this task force that once the executive order assigning the aeronautics bureau of the Department of Transportation as the single source point of contact and residue of expertise, that all legislative affairs and activities and advisement be routed through that office.

The task force and its existing subcommittees would be able to quickly and definitively provide science-based and sound recommendations that would help the aeronautics bureau office respond to any questions, legislative concerns, or legislative recommendations that they may have.

In our research, we have studied what other states have initiated in their pursuit of developing UAS public policy. We attach two prime examples in the appendix to this report.

Members of the task force wish to thank and commend you, Sir, for the opportunity to provide our input and energy into this important issue. These recommendations are not an end but a beginning of the long process of building a foundation for a thoughtful and well-planned framework for public policy that encourages development and deployment of this new technology. We feel that unmanned aerial systems will change the way many of us do business, interact with public and private entities, and will remain a constant source of public interest and debate for years to come. Your leadership and proactive stance on this emerging technology will pave the way for safe and thoughtful unmanned aerial system implementation and growth within the State of Alabama.

Please don’t hesitate to contact me if there are any questions or concerns regarding this document or the attached appendices.

Sincerely,

JOHN McMILLAN

Commissioner


North Carolina Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of February 21, 2017

The following below is from a UAS memo from the North Carolina Department of Transportation:

The following is a summary of the UAS Provisions contained in the North Carolina Statutes as enacted through Session Law 2014-100 which went into effect in 2014 and updated through the enacting of Session Law 2015-232 and Session Law 2016-90 passed by the North Carolina General Assembly and signed into law by the Governor of North Carolina in 2015 and 2016 respectively.

The following chapters of the North Carolina General Statutes were amended or modified through S.L. 2014-100, S.L. 2015-232, S.L. 2016-90, and/or S.L. 2017-179:

  • Chapter 15A – Criminal Procedure
    • §15A-300.1 Restrictions on use of UAS
    • §15A-300.2 Regulation of launch and recovery sites
    • §15A-300.3 Use of an unmanned aircraft system near a confinement or correctional
      facility prohibited
  • Chapter 14 – Criminal Law
    • §14-7.45 Crimes committed by use of UAS
    • §14.280.3 Interference with manned aircraft by UAS
    • §14.401.24 Unlawful possession and use of UAS (Weapon attached)
    • §14.401.25 Unlawful distribution of images
  • Chapter 113 – Conservation and Development
    • §113-295 Unlawful harassment of persons taking wildlife resources
  • Chapter 63 – Aeronautics
    • §63-95 Training required for operations of UAS
    • §63-96 License required for commercial operation of UAS

S.L. 2015-232 included several technical corrections to North Carolina’s UAS laws to more closely align NC regulations related UAS operations to those being used or contemplated at the Federal level by the FAA in 2015. S.L. 2016-90 included a single technical correction to the North Carolina’s UAS laws to align with the release of the Federal Aviation Administration Small UAS Rule (14 CFR Part 107) in 2016. The sections below are provided word-for-word from the ratified act and represent current NC law as related to UAS operations in NC.

North Carolina General Statute Chapter 15A, Article 16B

§ 15A-300.1. Restrictions on use of unmanned aircraft systems.

(a) Definitions. – The following definitions apply to this Article:

(1) Manned aircraft. – An aircraft, as defined in G.S. 63-1, that is operated with a person in or on the aircraft.

(2) Model aircraft. – An aircraft, as defined in G.S. 63-1, that is mechanically driven or launched into flight and that meets all of the following requirements:

1. Is flown solely for hobby or recreational purposes.

2. Is not used for payment, consideration, gratuity, or benefit, directly or indirectly charged, demanded, received, or collected, by any person for the use of the aircraft or any photographic or video image produced by the aircraft.

(3) Unmanned aircraft. – An aircraft, as defined in G.S. 63-1, that is operated without the possibility of human intervention from within or on the aircraft and that does not meet the definition of model aircraft.

(4) Unmanned aircraft system. – An unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.

(b) General Prohibitions. – Except as otherwise provided in this section, no person, entity, or State agency shall use an unmanned aircraft system to do any of the following:

(1) Conduct surveillance of:

1. A person or a dwelling occupied by a person and that dwelling’s curtilage without the person’s consent.

2. Private real property without the consent of the owner, easement holder, or lessee of the property.

(2) Photograph an individual, without the individual’s consent, for the purpose of publishing or otherwise publicly disseminating the photograph. This subdivision shall not apply to newsgathering, newsworthy events, or events or places to which the general public is invited.

(c) Law Enforcement Exceptions. – Notwithstanding the provisions of subsection (b) of this section, the use of unmanned aircraft systems by law enforcement agencies of the State or a political subdivision of the State is not prohibited in the following instances:

(1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security or the Secretary of the North Carolina Department of Public Safety determines that credible intelligence indicates that such a risk exists.

(2) To conduct surveillance in an area that is within a law enforcement officer’s plain view when the officer is in a location the officer has a legal right to be.

(3) If the law enforcement agency first obtains a search warrant authorizing the use of an unmanned aircraft system.

(4) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, to conduct pursuit of an escapee or suspect, or to facilitate the search for a missing person.

(5) To photograph gatherings to which the general public is invited on public or private land.

(d) Limitations on Use of Special Imaging Technology. – Commercial and private unmanned aircraft systems may be equipped with infrared or other thermal imaging technology subject to the provisions of this subsection. Infrared or other similar thermal imaging technology equipment shall be for the sole purpose of scientific investigation; scientific research; mapping and evaluating the earth’s surface, including terrain and surface water bodies and other features; investigation or evaluation of crops, livestock, or farming operations; investigation of forests and forest management; and other similar investigations of vegetation or wildlife.

(e) Any person who is the subject of unwarranted surveillance, or whose photograph is taken in violation of the provisions of this section, shall have a civil cause of action against the person, entity, or State agency that conducts the surveillance or that uses an unmanned aircraft system to photograph for the purpose of publishing or otherwise disseminating the photograph. In lieu of actual damages, the person whose photograph is taken may elect to recover five thousand dollars ($5,000) for each photograph or video that is published or otherwise disseminated, as well as reasonable costs and attorneys’ fees and injunctive or other relief as determined by the court.

(f) Evidence obtained or collected in violation of this section is not admissible as evidence in a criminal prosecution in any court of law in this State except when obtained or collected under the objectively reasonable, good-faith belief that the actions were lawful. (2014-100, s. 34.30(a).) §

15A-300.2. Regulation of launch and recovery sites.

(a) No unmanned aircraft system may be launched or recovered from any State or private property without consent.

(b) A unit of local government may adopt an ordinance to regulate the use of the local government’s property for the launch or recovery of unmanned aircraft systems. (2014-100, s. 34.30(a).)

15A-300.3. Use of an unmanned aircraft system near a confinement or correctional facility prohibited.

(a) Prohibition. – No person, entity, or State agency shall use an unmanned aircraft system within either a horizontal distance of 500 feet, or a vertical distance of 250 feet from any local confinement facility, as defined in G.S. 153A-217, or State or federal correctional facility. For the purpose of this section, horizontal distance shall extend outward from the furthest exterior building walls, perimeter fences, and permanent fixed perimeter, or from another boundary clearly marked with posted notices. Posted notices shall be conspicuously posted not more than 100 yards apart along a marked boundary and comply with Department of Transportation guidelines.

(b) Exceptions. – Unless the use of the unmanned aircraft system is otherwise prohibited under State or federal law, the distance restrictions of subsection (a) of this section do not apply to any of the following:

(1) A person operating an unmanned aircraft system with written consent from the official in responsible charge of the facility.
(2) A law enforcement officer using an unmanned aircraft system in accordance with G.S. 15A-300.1(c).
(3) A public utility, as defined in G.S. 62-3(23), a provider, as defined in G.S. 146-29.2(a)(6), or a commercial entity, provided that the public utility,provider, or commercial entity complies with all of the following:

a. The unmanned aircraft system must not be used within either a horizontal distance of 150 feet, or within a vertical distance of 150 feet from any local confinement facility or State or federal correctional facility.
b. Notifies the official in responsible charge of the facility at least 24 hours prior to operating the unmanned aircraft system. A commercial entity operating in compliance with G.S.15A-300.1 and pursuant to the provisions of this subdivision is exempt from the 24-hour notice requirement.
c. Uses the unmanned aircraft system for the purpose of inspecting public utility or provider transmission lines, equipment, or communication infrastructure or for another purpose directly related to the business of the public utility, provider, or commercial entity.
d. Uses the unmanned aircraft system for commercial purposes pursuant to and in compliance with (i) Federal Aviation Administration regulations, authorizations, or exemptions and (ii) Article 10 of Chapter 63 of the General Statutes.
e. The person operating the unmanned aircraft system does not physically enter the prohibited space without an escort from the facility.

(4) An emergency management agency, as defined in G.S. 166A-19.3, emergency medical services personnel, firefighters, and law enforcement officers, when using an unmanned aircraft system in response to an emergency.

(c) Penalty. – The following penalties apply for violations of this section:

(1) A person who uses an unmanned aircraft system (i) in violation of subsection (a) of this section or (ii) pursuant to an exception in subsection (b) of this section and who delivers, or attempts to deliver, a weapon to a local confinement facility or State or federal correctional facility is guilty of a Class H felony, which shall include a fine of one thousand five hundred dollars ($1,500). For purposes of this subdivision, the term “weapon” is as defined in G.S. 14-401.24(c).
(2) A person who uses an unmanned aircraft system (i) in violation of subsection (a) of this section or (ii) pursuant to an exception in subsection (b) of this section and who delivers, or attempts to deliver, contraband to a local confinement facility or State or federal correctional facility is guilty of a Class I felony, which shall include a fine of one thousand dollars ($1,000). For purposes of this subdivision, the term “contraband” includes controlled substances, as defined in G.S. 90-87, cigarettes, alcohol, and communication devices, but does not include weapons.
(3) A person who uses an unmanned aircraft system in violation of subsection (a) of this section for any other purpose is guilty of a Class 1 misdemeanor, which shall include a fine of five hundred dollars ($500.00).

(d) Seizure, Forfeiture, and Disposition of Seized Property. – A law enforcement agency may seize an unmanned aircraft system and any attached property, weapons, and contraband used in violation of this section. An unmanned aircraft system used in violation of this section and seized by a law enforcement agency is subject to forfeiture and disposition pursuant to G.S. 18B-504. An innocent owner or holder of a security interest applying to the court for release of the unmanned aircraft system, in accordance with G.S. 18B-504(h), shall also provide proof of ownership or security interest and written certification that the unmanned aircraft system will not be returned to the person who was charged with the violation of subsection (a) of this section. The court shall forfeit and dispose of any other property, weapons, or contraband seized by a law enforcement agency in connection with a violation of this section pursuant to G.S. 18B-504, 14-269.1, 90-112, or any combination thereof.

North Carolina General Statutes Chapter 14 – Criminal Law

§ 14-7.45. Crimes committed by use of unmanned aircraft systems.

All crimes committed by use of an unmanned aircraft system, as defined in G.S. 15A- 300.1, while in flight over this State shall be governed by the laws of this State, and the question of whether the conduct by an unmanned aircraft system while in flight over this State constitutes a crime by the owner of the unmanned aircraft system shall be determined by the laws of this State.

§ 14-280.3. Interference with manned aircraft by unmanned aircraft systems.

(a) Any person who willfully damages, disrupts the operation of, or otherwise interferes with a manned aircraft through use of an unmanned aircraft system, while the manned aircraft is taking off, landing, in flight, or otherwise in motion, is guilty of a Class H felony.

(b) The following definitions apply to this section:

(1) Manned aircraft. – As defined in G.S. 15A-300.1.

(2) Unmanned aircraft system. – As defined in G.S. 15A-300.1.

§ 14-401.24. Unlawful possession and use of unmanned aircraft systems.

(a) It shall be a Class E felony for any person to possess or use an unmanned aircraft or unmanned aircraft system that has a weapon attached.

(b) It shall be a Class 1 misdemeanor for any person to fish or to hunt using an unmanned aircraft system.

(c) The following definitions apply to this section:

(1) To fish. – As defined in G.S. 113-130.

(2) To hunt. – As defined in G.S. 113-130.

(3) Unmanned aircraft. – As defined in G.S. 15A-300.1.

(4) Unmanned aircraft system. – As defined in G.S. 15A-300.1.

(5) Weapon. – Those weapons specified in G.S. 14-269, 14-269.2, 14-284.1, or 14- 288.8 and any other object capable of inflicting serious bodily injury or death when used as a weapon.

(d) This section shall not prohibit possession or usage of an unmanned aircraft or unmanned aircraft system that is authorized by federal law or regulation.

§ 14-401.25. Unlawful distribution of images.

It shall be a Class A1 misdemeanor to publish or disseminate, for any purpose, recorded images taken by a person or non-law enforcement entity through the use of infrared or other similar thermal imaging technology attached to an unmanned aircraft system, as defined in G.S. 15A-300.1, and revealing individuals, materials, or activities inside of a structure without the consent of the property owner.

North Carolina General Statute Chapter 63, Article 10

§ 63-95. Training required for operation of unmanned aircraft systems.

(a) As used in this Article, the term “Division” means the Division of Aviation of the Department of Transportation.

(b) The Division shall develop a knowledge test for operating an unmanned aircraft system that complies with all applicable State and federal regulations and shall provide for administration of the test. The test shall ensure that the operator of an unmanned aircraft system is knowledgeable of the State statutes and regulations regarding the operation of unmanned aircraft systems. The Division may permit a person, including an agency of this State, an agency of a political subdivision of this State, an employer, or a private training facility, to administer the test developed pursuant to this subsection, provided the test is the same as that administered by the Division and complies with all applicable State and federal regulations.

(c) No agent or agency of the State, or agent or agency of a political subdivision of the State, may operate an unmanned aircraft system within the State without completion of the test set forth in subsection (b) of this section. (2014-100, s. 34.30(g); 2015-232, s. 2.3.)

§ 63-96. Permit required for commercial operation of unmanned aircraft systems.

(a) No person shall operate an unmanned aircraft system, as defined in G.S. 15A-300.1, in this State for commercial purposes unless the person is in possession of a permit issued by the Division valid for the unmanned aircraft system being operated. Application for the permit shall be made in the manner provided by the Division. Unless suspended or revoked, the permit shall be effective for a period to be established by the Division not exceeding eight years.

(b) No person shall be issued a permit under this section unless all of the following apply:

(1) The person is at least 16 years of age.

(2) The person possesses a valid drivers license issued by any state or territory of the United States or the District of Columbia.

(3) The person has passed the knowledge test for operating an unmanned aircraft system as prescribed in G.S. 63-95(b).

(4) The person has satisfied all other applicable requirements of this Article or federal regulation.

(c) A permit to operate an unmanned aircraft system for commercial purposes shall not be issued to a person while the person’s license or permit to operate an unmanned aircraft system is suspended, revoked, or cancelled in any state.

(d) The Division shall develop and administer a program that complies with all applicable federal regulations to issue permits to operators of unmanned aircraft systems for commercial purposes. The program must include the following components:

(1) A system for classifying unmanned aircraft systems based on characteristics determined to be appropriate by the Division.

(2) A fee structure for permits.

(3) A permit application process, which shall include a requirement that the Division provide notice to an applicant of the Division’s decision on issuance of a permit no later than 10 days from the date the Division receives the applicant’s application.

(4) Technical guidance for complying with program requirements.

(5) Criteria under which the Division may suspend or revoke a permit.

(6) Criteria under which the Division may waive permitting requirements for applicants currently holding a valid license or permit to operate unmanned aircraft systems issued by another state or territory of the United States, the District of Columbia, or the United States.

(7) A designation of the geographic area within which a permittee shall be authorized to operate an unmanned aircraft system. The rules adopted by the Division for designating a geographic area pursuant to this subdivision shall be no more restrictive than the rules or regulations adopted by the Federal Aviation Administration for designating a geographic area for the commercial operation of unmanned aircraft systems.

(8) Requirements pertaining to the collection, use, and retention of data by permittees obtained through the operation of unmanned aircraft systems, to be established in consultation with the State Chief Information Officer.

(9) Requirements for the marking of each unmanned aircraft system operated pursuant to a permit issued under this section sufficient to allow identification of the owner of the system and the person issued a permit to operate it.

(10) A system for providing agencies that conduct other operations within regulated airspace with the identity and contact information of permittees and the geographic areas within which the permittee is authorized to operate an unmanned aircraft system.

(e) A person who operates an unmanned aircraft system for commercial purposes other than as authorized under this section shall be guilty of a Class 1 misdemeanor.

(f) The Division may issue rules and regulations to implement the provisions of this section. (2014-100, s. 34.30(g); 2015-232, s. 2.4; 2016-90, s. 14.5.)

NCGS Chapter 113 – Conservation and Development § 113-295. Unlawful harassment of persons taking wildlife resources.

(a) It is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb any wildlife resources for the purpose of disrupting the lawful taking of wildlife resources. It is unlawful to take or abuse property, equipment, or hunting dogs that are being used for the lawful taking of wildlife resources. This subsection does not apply to a person who incidentally interferes with the taking of wildlife resources while using the land for other lawful activity such as agriculture, mining, or recreation. This subsection also does not apply to activity by a person on land he owns or leases. Violation of this subsection is a Class 2 misdemeanor for a first conviction and a Class 1 misdemeanor for a second or subsequent conviction.

(a1) It is unlawful to use an unmanned aircraft system, as defined in G.S. 15A-300.1, to violate subsection (a) of this section. Violation of this subsection is a Class 1 misdemeanor.

(b) The Wildlife Resources Commission may, either before or after the institution of any other action or proceeding authorized by this section, institute a civil action for injunctive relief to restrain a violation or threatened violation of subsection (a) of this section pursuant to G.S. 113-131. The action shall be brought in the superior court of the county in which the violation or threatened violation is occurring or about to occur and shall be in the name of the State upon the relation of the Wildlife Resources Commission. The court, in issuing any final order in any action brought pursuant to this subsection may, in its discretion, award costs of litigation including reasonable attorney and expert-witness fees to any party.

North Carolina State Law 2015-232

SECTION 2.5

Prior to the implementation of the knowledge test and permitting process required by G.S. 63-96, any person authorized by the FAA for commercial operation of an unmanned aircraft system in this State shall not be in violation of that statute, provided that the person makes application for a State permit for commercial operation within 60 days of the full implementation of the permitting process and is issued a State commercial operation permit in due course.

S.L. amended by Section 7.11(a) of S.L. 2014-100 and amended by Section 2.1 of S.L. 2015-232 reads as follows:

SECTION 7.16(e)

Until December 31, 2015, the State CIO shall have the authority to approve or disapprove (i) the procurement or operation of an unmanned aircraft system by agents or agencies of the State or a political subdivision of the State and (ii) the disclosure of personal information about any person acquired through the operation of an unmanned aircraft system by agents or agencies of the State or a political subdivision of the State. When making a decision under this subsection, the State CIO may consult with the Division of Aviation of the Department of Transportation. The State CIO shall immediately report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on all decisions made under this subsection. Notwithstanding G.S. 63-95(c), agents or agencies of the State or a political subdivision of the State that receive State CIO approval under this subsection may procure or operate an unmanned aircraft system prior to the implementation of the knowledge test required by G.S. 63-95. In addition to receiving approval from the State CIO under this subsection, agents or agencies of the State or a political subdivision of the State who submit a request on or after the date of implementation of the knowledge test required by G.S. 63-95 shall also be subject to the provisions of that section. The following definitions apply in this section:

(1) “Unmanned aircraft” means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.

(2) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.”


New York Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of February 21, 2017

New York’s legislature has been very busy with 23 proposed bills relating to drones! (AB 8625A, AB 2683, AB 6713, SB 1249, SB 1841, SB 411, SB 6222, SB 6597, SB 6455, Sb 6335, SB 6306, SB 6456, AB 1247, AB 3597B, AB 5435, AB 8091, AB 6244, AB 6370, AB 6541, SB 4537, AB 9697, AB 8605, SB 7639)

Article 28, Part 3, §  1115. 

Exemptions  from  sales and use taxes. (a) Receipts from the following shall be exempt from the tax on  retail  sales  imposed  under subdivision  (a) of section eleven hundred five and the compensating use tax imposed under section eleven hundred ten:

…………

(21-a)  General  aviation  aircraft,  and machinery or equipment to be installed on such aircraft. For purposes of this  subdivision,  “general aviation  aircraft”  means  an  aircraft that is used in civil aviation, that is not a commercial aircraft as defined in paragraph  seventeen  of subdivision  (b) of section eleven hundred one of this article, military aircraft, unmanned aerial vehicle or drone.

Understandably, a majority of the readers coming to this page will be very interested in finding out where in the New York City area you can fly. While the scope of this page is only the state law, I have included some content for NYC.  Keep in mind other counties, cities, towns, etc. in New York could also have drone laws that are applicable.

New York City Parks has a website listing where you can fly your model aircraft.

Keep in mind that at the time of the writing of this article, even though there are no state level drone laws, police have been creative at applying already existing criminal law to drone flights such as New York’s careless and reckless endangerment.   There have been quite a few arrests of drone operators in the New York area. Here are a few:

Be careful where you fly and don’t do anything stupid because local police have some tools in their toolbelt to charge you with.


New Mexico Drone Laws from Attorney & Pilot

NOTICE: This article is for information purposes only!  This article is ONLY for state laws that are DRONE specific. Local laws and “aircraft” related laws could potentially apply and were outside of the focus of this article. It might NOT be up to date. You should seek out a competent attorney licensed in the state you are interested in before operating.

Researching? I created a page on Drone Laws(federal, state, & international) and another on only US drone laws by state.

 Current as of February 21, 2017

Title 19, Chapter 31, Part 10, 19.31.10.7 DEFINITIONS:

……..
Z. “Drone” is defined as any device used or designed for navigation or flight in the air that is unmanned and guided remotely or by an onboard computer or onboard control system. Drones may also be referred to as “unmanned aerial vehicle (UAV)” or “unmanned aerial vehicle systems (UAVS)”

Title 19, Chapter 31, Part 10, 19.31.10.13 USE OF VEHICLES AND ROADS IN HUNTING:

A. Roads: It shall be unlawful to shoot at, wound, take, attempt to take, or kill any protected species on, from, or across any graded paved, or maintained public road and including the areas lying within right-of-way fences or 40 feet from the edge of the pavement or maintained surface, in absence of right-of-way fences.
B. Roads, artificial wildlife: It shall be unlawful to shoot at artificial wildlife on, from, or across any graded, paved, or maintained public road and including the areas lying within right-of-way fences or 40 feet from the edge of the pavement or maintained surface, in absence of right-of-way fences.

C. Vehicles, boats, aircraft: It shall be unlawful to shoot at any protected species from within a motor vehicle, power boat, sailboat, or aircraft. EXCEPTION – Migratory birds may be taken from a motor-driven boat (or other craft with attached motor) or sailboat when resting at anchor or fastened within or immediately alongside a fixed hunting blind or is used solely as a means of picking up dead birds.
D. Harassing protected wildlife: It shall be unlawful, at any time, to pursue, harass, harry, drive, or rally any protected species by use of or from a motor-driven vehicle, powerboat, sailboat, drone, or aircraft.
E. Hunting after air travel: It shall be unlawful for anyone to hunt for or take any protected species until after the start of legal hunting hours on the day following any air travel except by regularly scheduled commercial airline flights or legitimate direct flight to the final destination.
F. Use of aircraft for spotting game: It shall be unlawful to use aircraft or drone to spot or locate and relay the location of any protected species to anyone on the ground by any means of communication or signaling device or action.
G. Using information gained from air flight:

(1) It shall be unlawful to hunt for or to take, or assist in the hunting for or taking of, any protected species with the use of information regarding location of any protected species gained from the use of any aircraft until 48 hours after such aircraft use.
(2) It shall be unlawful to hunt for or to take, or assist in the hunting for or taking of, any protected species with the use of information regarding location of any protected species gained from the use of any drone at any time.

H. Vehicle off of established road: During the seasons established for any protected species, it shall be unlawful to drive or ride in a motor vehicle which is driven off an established road when the vehicle bears a licensed hunter, fisherman or trapper. EXCEPTION: 1) Snowmobiles; 2) To retrieve lawfully taken game not in an area closed to vehicular traffic. 3) All landowners, lessees or their employees, while on their owned or leased lands in connection with legitimate agricultural activities.
I. Closed roads: During the seasons established for any protected species, it shall be unlawful to knowingly occupy, drive, or cause to be driven any motor vehicle on a closed road when the vehicle bears a licensed hunter, angler or trapper.
J. Handicapped license:

(1) Shooting from a vehicle: The holder of a handicap license is authorized to shoot at and kill protected species during their respective open seasons from a stationary motor-driven vehicle that is not on a public road or highway. The director may issue permits to shoot from a stationary vehicle to applicants who provide certification that the applicant is permanently disabled in accordance with the American Disability Act. Such certification shall be signed by an M.D. or O.D. licensed to practice in the applicant’s state of residence.
(2) Driving off established roads: Holders of a handicap license may, with permission of the landowner, lessee, or land management agency, drive off established roads to hunt for or take squirrels or game birds, excluding turkey, during open seasons.
(3) Assistance for handicapped hunter: The holder of a handicapped license may be accompanied by another person to assist in reducing to possession any big game animal which has clearly been wounded by the licensed handicapped hunter.

K. Aircraft, drone and vehicle exemptions to this rule: The Director may exempt a person from the prohibition of utilizing an aircraft, drone or vehicle for management purposes.
[19.31.10.13 NMAC – Rp, 19.31.10.13 NMAC, 12-15-2016]