Illinois Statewide Rule

Illinois Freedom from Drone Surveillance Act Privacy Limits

Some RestrictionsApplies statewide across Illinois (2026)

Key Facts

Statute: 725 ILCS 167/
FAA registration: Required over 0.55 lbs
TRUST: Recreational pilots must pass
Airspace: Federally preempted
Surveillance limits: State criminal law applies

Last verified: August 20, 2026Source: Illinois General Assembly

Summary

Illinois preempts local drone regulation through the Freedom from Drone Surveillance Act, establishing uniform privacy rules while federal FAA authority controls airspace operation statewide.

Except as otherwise provided in this Section, to the extent that State-level oversight does not conflict with federal laws, rules, or regulations, the regulation of an unmanned aircraft system is an exclusive power and function of the State. No unit of local government, including home rule unit, may enact an ordinance or resolution to regulate unmanned aircraft systems. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. This Section does not apply to any local ordinance enacted by a municipality of more than 1,000,000 inhabitants.

Source: Illinois General AssemblyView official code

Full Breakdown

The Freedom from Drone Surveillance Act (725 ILCS 167/) restricts law enforcement use of drones and creates statewide privacy standards. The General Assembly has consistently held that drone airspace operation is a matter of federal preemption under 49 U.S.C. and FAA Part 107, with limited state-level criminal privacy and surveillance overlays. Recreational drone pilots must follow FAA recreational rules, register drones over 0.55 lbs, pass TRUST, and respect statewide criminal trespass and harassment laws found at 720 ILCS 5/.

Violations & Penalties

Using drones to surveil private property without consent, flying without FAA registration over 0.55 lbs, or operating in violation of TRUST and Part 107 requirements.

Frequently Asked Questions

Can Illinois cities ban recreational drones?

Cities cannot regulate airspace, which is exclusively federal under FAA authority. They may regulate launch and landing on city property and enforce trespass, but not flight operations themselves.

Do I need to register my drone in Illinois?

FAA rules require registration of any drone weighing more than 0.55 pounds. Recreational pilots must also pass The Recreational UAS Safety Test (TRUST) and follow community-based safety guidelines.

Can I fly a drone over my neighbor's yard in Illinois?

Federal law controls airspace, but Illinois criminal statutes prohibit using drones for harassment, video voyeurism, or surveillance of private activities. Repeated low-altitude flights may also constitute civil nuisance.

Sources

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