MmowW's Vice Director Pippo here. Federal compliance under Part 107 is necessary but not sufficient. Every commercial drone flight in the United States takes place under a layer cake of regulations: federal, state, and local. The FAA controls the airspace. But states and cities control what happens on the ground โ€” where you launch, what you photograph, and whether you are trespassing. Ignoring state and local laws while focusing only on the FAA is a common and costly mistake. Let me map out exactly where federal authority ends and state authority begins.

Quick Takeaways
  • Federal preemption (49 USC ยง40103): The FAA has exclusive sovereign authority over the navigable airspace of the United States.
  • States and localities CANNOT regulate: flight altitude, flight paths, airspace access, or Remote ID standards.
  • States and localities CAN regulate: launch/landing sites, privacy and surveillance, trespass, noise, and state critical infrastructure protection zones.
  • Notable state laws: Florida (surveillance restrictions), Texas (Ch.423 prohibited imaging targets), California (ยง1708.8 physical invasion of privacy), New York City (park launch restrictions).
  • MmowW Drone SaaS covers federal FAA compliance only. State and local compliance is the operator's responsibility.

Table of Contents

  1. Federal Preemption: 49 USC ยง40103
  2. What the FAA Exclusively Controls
  3. What States and Localities Can Regulate
  4. Privacy and Surveillance Laws
  5. Trespass and Property Rights
  6. Launch and Landing Restrictions
  7. Critical Infrastructure Protection
  8. Notable State Laws
  9. Practical Compliance Approach
  10. Frequently Asked Questions
  11. Summary

Federal Preemption: 49 USC ยง40103

The legal foundation is straightforward. Title 49 of the United States Code, Section 40103, declares: > The United States Government has exclusive sovereignty of airspace of the United States. The FAA, as the agency delegated to manage this sovereignty, has exclusive authority over aircraft operations in the National Airspace System (NAS). This includes drones, which the FAA classifies as aircraft under 14 CFR Part 107.

What "exclusive sovereignty" means in practice: No state, county, city, or other local jurisdiction can pass a law that directly conflicts with FAA regulations governing airspace. A city cannot ban drone flights below 200 feet. A state cannot require a state-issued drone pilot license. A county cannot impose its own airspace classification system.

However, federal preemption is not unlimited. The FAA itself has acknowledged that state and local governments retain authority over matters traditionally within their police power โ€” land use, privacy, trespass, and public safety on the ground.

What the FAA Exclusively Controls

The following regulatory domains belong exclusively to the FAA. State and local laws that attempt to regulate these areas are preempted:

1. Airspace Access and Altitude

The FAA determines who can fly where and how high. Part 107 sets a 400-foot AGL ceiling, controlled airspace authorization requirements (LAANC), and Temporary Flight Restrictions (TFRs). No state or local government can override these.

2. Flight Paths and Routes

The FAA controls where drones can fly within the airspace. Local ordinances that attempt to designate "no-fly zones" beyond what the FAA has established are preempted. However, local governments can restrict launch and landing locations on their property, which indirectly limits where flights can originate.

3. Pilot Certification

The Part 107 Remote Pilot Certificate is the sole federal pilot qualification requirement. States cannot impose additional pilot licensing or testing requirements for airspace access.

4. Aircraft Registration and Marking

FAA registration (via DroneZone) and marking requirements (FA-XXXXXXXX) are federal. States cannot create parallel registration systems.

5. Remote ID

14 CFR Part 89 establishes Remote ID standards. States cannot create competing identification broadcast requirements for aircraft operating in the NAS.

6. Aircraft Design and Airworthiness

The FAA sets standards for drone design, operations over people categories, and airworthiness certification. States cannot impose their own aircraft design requirements.

A local "drone ban" that prohibits all drone flights in a jurisdiction is almost certainly preempted to the extent it restricts airspace access. However, the same jurisdiction can prohibit launch and landing from its parks, restrict surveillance activity, and enforce trespass laws โ€” achieving a similar practical effect through non-preempted means.

What States and Localities Can Regulate

The following areas fall within traditional state and local police power and are NOT preempted by federal aviation law:

1. Launch and Landing Sites

Local governments control their own property. A city can prohibit drone takeoffs and landings in public parks. A county can restrict launches from county-owned facilities. Private property owners can prohibit drone launches from their land.

2. Privacy and Surveillance

States have broad authority to regulate how drones are used for surveillance, photography, and data collection. This is an extension of existing privacy law, not airspace regulation.

3. Trespass

Property rights and trespass laws are state-level. Flying a drone at low altitude over private property may constitute trespass under state law, even if the flight complies with all FAA regulations.

4. Noise

Local noise ordinances can apply to drone operations, particularly for commercial operations involving repeated flights over residential areas.

5. Law Enforcement Use

Many states have passed laws restricting how law enforcement agencies can use drones, requiring warrants for surveillance, and limiting data retention.

6. Critical Infrastructure Protection

States can designate critical infrastructure zones where drone operations are restricted for security purposes, separate from any FAA TFR.

Privacy and Surveillance Laws

Privacy is the most active area of state drone legislation. The legal landscape varies significantly:

Approach States/Examples Key Feature
Broad surveillance prohibition Florida, Idaho, Vermont Drone surveillance of persons or private property requires consent or warrant
Targeted imaging restrictions Texas (Ch.423) Specific list of prohibited imaging targets and locations
Physical invasion standard California (ยง1708.8) Entering private airspace to capture images is invasion of privacy
Voyeurism extensions Multiple states Existing peeping tom/voyeurism laws extended to cover drones
Data retention limits Oregon, Montana Restrictions on how long surveillance data can be retained

The gap between federal and state law: The FAA permits you to fly over a residential neighborhood at 400 feet while photographing for a mapping project. But state privacy law may prohibit you from capturing identifiable images of individuals in their backyards, even though the flight itself is federally legal. Federal legality of the flight does not immunize you from state privacy claims about what you do during the flight.

Trespass and Property Rights

The question of how high property rights extend has not been definitively settled for drones in most states. Key principles:

  • Traditional property law extends ownership rights to the airspace above land to at least a "reasonable" height necessary for use and enjoyment.
  • Federal navigable airspace begins at the minimum safe altitude for flight, which for most areas is significantly above ground level.
  • The gap between the top of private property rights and the bottom of navigable airspace is legally ambiguous for drones.

Practical reality: Flying a drone at 50 feet directly over someone's backyard, even in Class G airspace with full Part 107 compliance, may expose you to a state trespass claim. The FAA authorizes you to be in the airspace. The state determines whether being in that airspace over that property constitutes trespass. These are separate legal questions.

Some states have addressed this directly:

  • Oregon allows property owners to bring trespass actions against drone operators flying below 400 feet over their property without permission.
  • Nevada defines drone trespass as flying below 250 feet over private property without consent.
  • Most states have not enacted drone-specific trespass statutes, leaving operators to navigate common law trespass principles.

Launch and Landing Restrictions

Local governments exercise significant control through property management:

  • New York City prohibits takeoff and landing of drones in all city parks, with limited exceptions for permitted events. This effectively prevents most recreational and commercial flights within Manhattan, as parks represent a significant portion of available open space.
  • National Parks โ€” the National Park Service (NPS) prohibits launching, landing, or operating drones in all National Park units under 36 CFR 1.5. This is a land management rule, not an airspace rule.
  • State Parks โ€” policies vary by state. Some permit drone use in designated areas; others prohibit it entirely.
  • Airports and heliports โ€” operations within controlled airspace require LAANC authorization (federal), but airport operators may additionally prohibit launch/landing on airport property (local).

The practical effect: You may be federally authorized to fly in the airspace above Central Park (with LAANC authorization for Class B airspace), but you cannot launch or land in the park. Without a legal launch/landing site within range, the flight cannot happen.

Critical Infrastructure Protection

Multiple states have enacted laws protecting critical infrastructure from drone operations:

  • Power plants and substations โ€” Several states prohibit drone flights within specified distances.
  • Oil refineries and chemical plants โ€” Buffer zones established by state law.
  • Correctional facilities โ€” Many states specifically prohibit drone flights over or near prisons and jails, often with criminal penalties for delivering contraband.
  • Military installations โ€” Federal restricted airspace (P-areas, R-areas) already covers most military facilities, but states may impose additional ground-level restrictions.

The federal UAFR NPRM (May 2026) proposes a federal framework for drone flight restrictions near critical infrastructure across 16 sectors. When finalized, this federal rule may preempt some state critical infrastructure drone laws. Until then, state laws remain in effect. See our article on BVLOS and Part 108 for details on the evolving regulatory landscape.

Notable State Laws

Florida โ€” Freedom from Unwarranted Surveillance Act

Florida's surveillance act (Fla. Stat. ยง934.50) prohibits law enforcement from using drones for surveillance without a warrant, with exceptions for imminent danger, terrorist threats, and specific other circumstances. It also creates a civil cause of action for private individuals subjected to drone surveillance.

Texas โ€” Chapter 423, Government Code

Texas prohibits using drones to capture images of individuals or private property without consent in specific contexts. Chapter 423 lists prohibited targets including private real property and occupants, critical infrastructure, correctional facilities, and sports venues. Violations can result in civil penalties and criminal misdemeanor charges.

California โ€” Civil Code ยง1708.8

California's physical invasion of privacy statute applies when a person enters another's private space (including by drone) with the intent to capture images, video, or audio of private activities. The statute provides for treble damages and disgorgement of profits.

New York City โ€” Administrative Code

NYC requires a permit for all takeoffs and landings on city property. Parks Department rules prohibit drone launches in all parks. The practical effect is that most drone operations in Manhattan and other dense boroughs require creative solutions for legal launch/landing sites โ€” typically rooftops with property owner permission.

Your State Compliance Checklist
  1. Identify your operating state and city. Laws vary dramatically between jurisdictions.
  2. Check state drone statutes. Search "[State] drone law" in the state legislature's database.
  3. Check local ordinances. City and county codes may impose additional restrictions.
  4. Review park and public land rules. Where can you legally launch and land?
  5. Understand privacy requirements. What surveillance restrictions apply?
  6. Identify critical infrastructure zones. State-designated no-fly buffer zones near sensitive facilities.
  7. Consult local drone advocacy groups. State-level drone associations often maintain compliance guides.

Practical Compliance Approach

Federal and state compliance are separate obligations. Here is how to manage both:

Federal (FAA): Part 107 certificate, aircraft registration, Remote ID, LAANC authorization for controlled airspace, operational rules (400 ft, VLOS, yield to manned aircraft). This is uniform across all 50 states. State/Local: Privacy laws, trespass considerations, launch/landing site permissions, critical infrastructure restrictions, noise ordinances. This varies by jurisdiction and must be researched for each operating location.
MmowW Drone SaaS scope: MmowW covers federal FAA compliance โ€” registration tracking, flight planning within FAA rules, airspace awareness, and regulatory updates. State and local law compliance is the operator's responsibility. We recommend consulting state-specific resources and, where operations involve sensitive privacy or trespass considerations, seeking guidance from a qualified professional in your jurisdiction.

Frequently Asked Questions

Can a city ban all drone flights?

A city cannot ban flights in the airspace (that is federally preempted). But it can prohibit takeoffs and landings on all city-owned property, restrict surveillance activities, and enforce noise ordinances โ€” which in a dense urban area may have a similar practical effect.

If I have FAA authorization, am I immune from state law?

No. FAA authorization covers airspace access. State law covers what you do on the ground, how you use the data you collect, and whether your presence constitutes trespass. You need to comply with both.

Do I need to check state laws for every state I fly in?

Yes. If you operate commercially in multiple states, you must understand the drone laws of each jurisdiction. A flight that is fully legal in Texas may violate specific provisions in California.

Can a homeowner shoot down my drone?

Under federal law (18 USC ยง32), a drone is an aircraft, and destroying an aircraft is a federal crime punishable by up to 20 years imprisonment. However, this does not prevent confrontations. The practical risk of flying low over private property โ€” even legally โ€” includes hostile property owners. Avoid unnecessary conflict.

Are there any states with NO drone-specific laws?

As of 2026, nearly all states have enacted at least some drone-specific legislation. The scope and strictness vary enormously. States without specific drone statutes still apply general privacy, trespass, and nuisance laws to drone operations.

Summary

Federal preemption under 49 USC ยง40103 gives the FAA exclusive authority over airspace, flight paths, altitude, pilot certification, aircraft registration, and Remote ID. States and localities cannot override these federal rules. But the FAA does not control the ground. States and cities regulate launch and landing sites, privacy and surveillance, trespass, noise, law enforcement use, and critical infrastructure protection. These state and local rules are fully enforceable and can carry civil and criminal penalties. Commercial drone operators must comply with both layers simultaneously. Federal compliance through Part 107 gets you into the air. State and local compliance keeps you out of court.

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This article is provided for informational purposes only by MmowW / Sawai Gyoseishoshi Office. It does not constitute legal advice. Drone regulations change frequently. Always verify current requirements with the FAA and your state/local authorities directly. MmowW is not a certification body, auditor, or government authority. MmowW Drone SaaS covers federal FAA compliance only; state and local law compliance is the operator's responsibility.

References

  1. 49 USC ยง40103 โ€” Sovereignty and Use of Airspace: uscode.house.gov
  2. 14 CFR Part 107 โ€” Small Unmanned Aircraft Systems: ecfr.gov
  3. 14 CFR Part 89 โ€” Remote Identification of Unmanned Aircraft: ecfr.gov
  4. 18 USC ยง32 โ€” Destruction of Aircraft or Aircraft Facilities: uscode.house.gov
  5. 36 CFR 1.5 โ€” National Park Service Closures and Public Use Limits: ecfr.gov
  6. Florida Stat. ยง934.50 โ€” Freedom from Unwarranted Surveillance Act: flsenate.gov
  7. Texas Government Code Chapter 423 โ€” Use of Unmanned Aircraft: statutes.capitol.texas.gov
  8. California Civil Code ยง1708.8 โ€” Physical Invasion of Privacy: leginfo.legislature.ca.gov