Federal and Michigan state law preempt almost all local drone regulation in Farmington Hills. Under the Michigan Unmanned Aircraft Systems Act (Act 436 of 2016, MCL 259.301 et seq.), Sec. 259.305(1) states that 'a political subdivision of this state shall not enact or enforce an ordinance or resolution that regulates the ownership or operation of unmanned aircraft.' Federal Part 107 (commercial) and 49 U.S.C. § 44809 (recreational) govern airspace and operator certification. MCL 259.322 prohibits drone harassment, voyeurism, and use in a manner that violates a restraining order — capturing photos / video of an individual where the individual has a reasonable expectation of privacy is unlawful.
Local drone regulation in Farmington Hills is sharply limited by state and federal preemption. (1) State preemption — The Michigan Unmanned Aircraft Systems Act (UAS Act), Act 436 of 2016, codified at MCL 259.301 et seq., is the controlling Michigan statute. MCL 259.305(1): 'Except as expressly authorized by statute, a political subdivision of this state shall not enact or enforce an ordinance or resolution that regulates the ownership or operation of unmanned aircraft or otherwise engage in the regulation of the ownership or operation of unmanned aircraft.' The carve-out at Sec. 259.305(2) lets a political subdivision regulate its own UAS fleet (police, fire, public works); locally owned airports retain existing authority. The Michigan Court of Appeals upheld this preemption in Michigan Coalition of Drone Operators v. City of Genoa Township (COA 359831, decided November 17, 2022), confirming that local drone ordinances are void to the extent they regulate ownership or operation of UAS. The practical result is that Farmington Hills cannot enact a no-fly zone, an altitude restriction, a registration requirement, or a permit requirement for drone operation within its boundaries. (2) Michigan privacy / harassment rules — MCL 259.322 makes it unlawful for any person to knowingly and intentionally operate a UAS to (a) subject an individual to harassment as defined in MCL 750.411h and 750.411i (the Michigan stalking statutes), (b) operate within a distance that would violate a personal protection order, or (c) capture photographs, video, or audio recordings of an individual in a manner that would invade the individual's reasonable expectation of privacy. The Michigan UAS Act separately makes it a felony for a person required to register as a sex offender to operate a UAS to knowingly follow, contact, or capture images of another. (3) Federal preemption of airspace — The FAA controls all U.S. airspace. Recreational operators fly under 49 U.S.C. § 44809: visual line of sight, below 400 ft AGL, registration if the UAS weighs more than 0.55 lbs, broadcast Remote ID, passing score on the FAA TRUST safety test, and yielding to manned aircraft. Commercial / educational / public-safety operations require a 14 CFR Part 107 Remote Pilot Certificate. (4) Local airspace context — Farmington Hills sits under controlled-airspace shelves associated with Detroit Metro (KDTW) Class B and Oakland County International (KPTK) Class D — LAANC authorization is required to fly in controlled airspace. The FAA B4UFLY app shows current airspace status. (5) Local property — While Farmington Hills cannot regulate the airspace or the flying, it retains property rights over its own parks and facilities and may regulate take-off and landing from City-owned property; check with the Special Services Department (248-473-1800) for park rules.
FAA enforces airspace rules (civil penalties up to $32,666 per violation under 49 U.S.C. § 46301). MCL 259.322 voyeurism / harassment via UAS is a misdemeanor with escalation to felony for repeat or aggravated conduct; MCL 259.318 makes operating a UAS within the airspace of a state prison or local jail a felony. Local sign / parks-property regulations remain enforceable as to take-off / landing on City property.
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