Pennsylvania Statewide Rule

Pennsylvania Commercial Drone Operations Under State Preemption

Some RestrictionsApplies statewide across Pennsylvania (2026)

Key Facts

Federal certificate: Part 107 Remote Pilot
State preemption: Act 78 of 2018
Remote ID: Required for most drones
Local rules: Cannot regulate airspace

Last verified: August 20, 2026Source: Commonwealth of Pennsylvania

Summary

Commercial drone operators in Pennsylvania must hold an FAA Part 107 certificate and comply with state crimes under Act 78 of 2018 (18 Pa.C.S. Section 3505). That law preempts local commercial drone regulation, leaving airspace to the FAA while cities may only manage takeoff and landing on public property.

§ 3505. Unlawful use of unmanned aircraft. (a) Offense defined.-A person commits the offense of unlawful use of unmanned aircraft if the person uses an unmanned aircraft intentionally or knowingly to: (1) Conduct surveillance of another person in a private place. (2) Operate in a manner which places another person in reasonable fear of bodily injury. (3) Deliver, provide, transmit or furnish contraband in violation of section 5123 (relating to contraband) or 61 Pa.C.S. § 5902 (relating to contraband prohibited).

Source: Commonwealth of PennsylvaniaView official code

Full Breakdown

FAA Part 107 requires a Remote Pilot Certificate, aircraft registration, Remote ID broadcast, and waivers for night, over-people, or beyond-visual-line-of-sight flights. Pennsylvania's Act 78 of 2018 added 18 Pa.C.S. Section 3505 ("Unlawful Use of Unmanned Aircraft"), which preempts municipal drone regulation and criminalizes drone surveillance of a private place, placing another in reasonable fear of bodily injury, and delivering contraband. PennDOT and DCNR may restrict ground operations on state property, but airspace rules remain federal.

Violations & Penalties

FAA penalties for Part 107 violations can exceed $30,000 per occurrence. State criminal violations include misdemeanors and second-degree felony exposure up to 10 years in prison.

Frequently Asked Questions

Can a Pennsylvania city require a commercial drone operating permit?

Act 78 of 2018 preempts local drone regulation, so cities cannot impose separate commercial drone operating permits beyond reasonable rules on takeoff or landing on city property.

What state crimes apply to a Pennsylvania commercial drone pilot?

Under 18 Pa.C.S. Section 3505, an operator may be prosecuted for using a drone to surveil someone in a private place, to place another in reasonable fear of bodily injury, or to deliver contraband. Penalties range from summary offenses to a second-degree felony.

Sources

18 Pa.C.S. 3505-3506 Unlawful Use of Unmanned Aircraft

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