Michigan Statewide Rule
Michigan UAS Act. Drone Preemption Statewide
Key Facts
- Statute
- MCL 259.301-259.327 (PA 436 of 2016)
- Local preemption
- MCL 259.305
- FAA airspace
- FAA preempts airspace regulation
- Recreational pilots
- Follow FAA Part 107 or 44809
- Registration
- Drones over 0.55 lb must register
- Reckless operation
- State misdemeanor
Summary
Michigan Unmanned Aircraft Systems Act (PA 436 of 2016, MCL §259.301–259.327) creates a comprehensive state framework for drones and preempts local ordinances regulating UAS ownership or operation. FAA preempts navigable airspace, leaving local governments only authority over takeoff/landing on public property they control.
(1) Except as expressly authorized by statute, a political subdivision 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.
Full Breakdown
PA 436 of 2016 established a uniform statewide framework for drone use. MCL §259.305 preempts any ordinance, rule, or resolution by a political subdivision regulating UAS ownership or operation, except as authorized by state or federal law. Local governments retain authority to regulate launch and recovery from public property they own, but cannot regulate flight, photography, or possession. The Act creates state offenses including knowingly using a UAS to harass, surveil, or interfere with first responders. FAA preempts navigable airspace; recreational operators must follow Part 107 (commercial) or 49 USC §44809 (recreational), including TRUST certification and registration of drones over 0.55 pounds.
Violations & Penalties
Violating the UAS Act is a misdemeanor punishable by up to 90 days jail and/or $500 fine, with increased penalties for harassment or interference with first responders. Local drone-flight ordinances are unenforceable. FAA civil penalties can reach $27,500 per violation.
Frequently Asked Questions
Can a Michigan city ban drone flights in city parks?
Do I need to register my recreational drone?
Is it illegal to fly a drone over someone's house in Michigan?
Sources
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