Georgia Statewide Rule
Georgia Preempts Most Local Recreational Drone Regulation
Key Facts
- State preemption
- O.C.G.A. 6-1-4
- Local power
- Property/launch sites
- Federal rule
- 14 CFR Part 107 / 44809
- Enabling Act
- HB 481 (2017)
Summary
Georgia law generally reserves authority over the operation of unmanned aircraft systems to the state, limiting cities and counties to property-based and time-place-manner rules consistent with federal aviation law.
Any ordinance, resolution, regulation, or policy of any local government entity regulating the testing or operation of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no force and effect; provided, however, that a local government entity may: (1) Enforce any ordinance that was adopted on or before April 1, 2017; (2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or (3) Adopt an ordinance that provides for or prohibits the launch or intentional landing of an unmanned aircraft system from or on its public property except with respect to the operation of an unmanned aircraft system for commercial purposes. (c) The state, through agency or departmental rules and regulations, may provide for or prohibit the launch or intentional landing of an unmanned aircraft system from or on its public property. (d) (1) It shall be unlawful to operate an unmanned aircraft system within 400 feet of or above a ticketed entertainment event. (2) A person who violates this subsection shall be guilty of the unauthorized operation of an unmanned aircraft system and shall be punished as for a misdemeanor. (3) This subsection shall not apply to a person operating an unmanned aircraft system within 400 feet or above a ticketed entertainment event who:
Full Breakdown
O.C.G.A. 6-1-4, enacted by HB 481 (2017), reserves regulation of unmanned aircraft systems to the state, preempting local rules on takeoff, landing, airspace use, and operation. Local governments may keep ordinances adopted on or before April 1, 2017, adopt ordinances enforcing FAA restrictions, and regulate launch and landing on property they own, such as parks, but cannot prohibit overflight or impose registration. Federal rules also apply: 14 CFR Part 107 for commercial flights and 49 U.S.C. 44809 for recreational flyers, including Remote ID requirements and the TRUST safety test.
Violations & Penalties
Operating in violation of FAA rules can result in federal civil penalties; violating Georgia's specific drone-related criminal statutes (such as harassment via UAS) carries misdemeanor or felony penalties depending on conduct.
Frequently Asked Questions
Can a Georgia park ban drone launches?
Do hobby drone pilots in Georgia need to register?
Sources
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