The law that applies to our flights

1. The airspace is federal

49 U.S.C. § 40103

“The United States Government has exclusive sovereignty of airspace of the United States” (49 U.S.C. § 40103(a)(1)). The FAA regulates the use of the navigable airspace (§ 40103(b)), including commercial small-drone flights under 14 CFR Part 107 (section 4 below).

The FAA's State and Local Regulation of Unmanned Aircraft Systems Fact Sheet (July 2023) states that the FAA has exclusive authority over aviation safety and the efficient use of the airspace, and that state and local laws in those fields are preempted.

2. Pennsylvania prohibits local drone regulation

53 Pa.C.S. § 305 · Act 78 of 2018

Section 305(a): “a municipality shall not regulate the ownership or operation of unmanned aircraft unless expressly authorized by statute.” The same subsection provides that the state drone offense, 18 Pa.C.S. § 3505, “shall preempt and supersede any ordinance, resolution, rule or other enactment of a municipality regulating the ownership or operation of unmanned aircraft.”

Section 305(c) defines “municipality” to include a county, city, borough, incorporated town or township, home rule municipality, and municipal authority. A county, township, or borough ordinance therefore can't restrict how a drone is flown. Municipalities keep the right to fly and regulate their own drones (§ 305(b)).

3. The state drone offense

18 Pa.C.S. § 3505

Section 3505(a) makes it an offense to use a drone intentionally or knowingly to (1) conduct surveillance of another person in a private place, (2) operate in a manner that places another person in reasonable fear of bodily injury, or (3) deliver contraband.

Section 3505(e): the surveillance provision doesn't apply to a person engaged in aerial data collection who flies in compliance with FAA regulations and doesn't knowingly or intentionally conduct surveillance of another person in a private place. Our surveys count wildlife with the camera pointed at the ground, and we don't record people.

4. The FAA rules we fly under

14 CFR Part 107 · Parts 48 and 89

Every flight is a commercial operation under Part 107. The rules that shape our predawn surveys:

• Certified pilot. An FAA remote pilot certificate, with recurrent training every 24 calendar months (§§ 107.12, 107.65).
• Registration and Remote ID. Each aircraft is registered with its number marked on the outside (Part 48, § 107.13) and broadcasts Remote ID from takeoff to shutdown (Part 89).
• Night and twilight. Anti-collision lighting visible for at least 3 statute miles, flown by a pilot trained for night operations (§ 107.29).
• Altitude and sight. At or below 400 feet above ground, or within 400 feet of a structure (§ 107.51(b)), with the aircraft always in the visual line of sight of the pilot or a visual observer (§ 107.31).
• Controlled airspace. Authorization before flying in Class B, C, D, or E surface areas, through LAANC or FAA DroneZone (§ 107.41). Parts of our service area lie under Philadelphia's Class B airspace.
• Flight restrictions. We check for and obey temporary flight restrictions and NOTAMs before every flight (§ 107.47).
• People. We don't fly over people who aren't part of the crew, including people in moving vehicles (§ 107.39).
• Accidents. An accident causing serious injury, or more than $500 of damage to property other than the drone, is reported to the FAA within 10 days (§ 107.9).

5. What landowners and land agencies control

18 Pa.C.S. § 3503 · 58 Pa. Code § 135.41 · 36 CFR 1.5 · 50 CFR 27.34

The air above land is federal, but the ground is not. Owners and agencies control takeoffs, landings, and what people do on their land.

• Private land. Flying over land under FAA rules doesn't need the landowner's permission, but taking off, landing, and standing on the land do. We launch and land only where the owner has given written permission. Entering land against the owner's wishes can be criminal trespass (18 Pa.C.S. § 3503).
• State Game Lands. Operating, controlling, launching, or retrieving a drone on or from game lands needs written Game Commission permission (58 Pa. Code § 135.41(c)(23)). We request it for any job that involves game lands.
• State parks and forests. DCNR controls drone launches on its land.
• National parks. Superintendents close park lands to launching, landing, or operating drones under 36 CFR 1.5 (NPS Policy Memorandum 14-05), except with written approval. In our area that includes Valley Forge National Historical Park.
• National wildlife refuges. Unauthorized takeoffs and landings, and flying at altitudes that harass wildlife, are prohibited on refuges (50 CFR 27.34), and the Fish and Wildlife Service applies the rule to drones. In our area that includes John Heinz National Wildlife Refuge at Tinicum. We fly refuge land only with the refuge manager's written approval.

6. Wildlife protection and hunting

34 Pa.C.S. § 2302 · 16 U.S.C. §§ 668–668c

• No hunting assistance. The Pennsylvania Game Commission treats drone use in any part of hunting as unlawful. We never scout, track, or recover animals for hunters or trappers, and we never share live or recent animal locations with them.
• Hunter interference. It is an offense to intentionally obstruct or interfere with lawful hunting or trapping where it is taking place (34 Pa.C.S. § 2302). We schedule around hunting on the survey area, and the client confirms in writing that no one will hunt it during the flight.
• Eagles. Federal law forbids taking a bald or golden eagle, and “take” includes molesting or disturbing one (16 U.S.C. §§ 668, 668c). Eagle nests are protected year-round, and Pennsylvania's eagles nest during our winter count season. We ask about known nests when planning, keep flight lines away from them, and never hover near a nest.
• Disturbance. We fly at survey altitude and never chase, herd, or descend on animals.

7. Privacy, recordings, and public records

18 Pa.C.S. § 5703 · 65 P.S. § 67.101 et seq.

• Recorded conversations. Pennsylvania's Wiretap Act generally requires the consent of everyone in a conversation before it is recorded (18 Pa.C.S. § 5703). We remove every audio track from footage before delivery.
• People and homes. The camera points at the ground, people aren't recorded, and imagery that incidentally shows neighboring property isn't delivered (privacy page).
• Public records. Reports delivered to townships, counties, and other public agencies can become public records under the Right-to-Know Law (65 P.S. § 67.101 et seq.). On request we put exact wildlife locations in a separate appendix.

8. Federal funding and our aircraft

American Security Drone Act of 2023

Since December 22, 2025, the American Security Drone Act of 2023 (part of the fiscal 2024 National Defense Authorization Act, Pub. L. 118-31) has barred the use of federal funds, including grants, to buy or operate drones from covered foreign manufacturers, a list that includes DJI and Autel. Our aircraft are made by DJI and Autel, so we can't accept work paid for with federal money, including federal grants passed through a state or local agency. We ask every public client about funding in writing before we quote.

9. Interference with a drone or its pilot

18 U.S.C. § 32 · 47 U.S.C. § 333 · 18 Pa.C.S.

• The aircraft. The FAA treats a drone as an aircraft, and damaging, disabling, or destroying an aircraft is a federal crime punishable by up to 20 years in prison (18 U.S.C. § 32(a)(1)). Jamming its radio or GPS signals violates federal law (47 U.S.C. § 333).
• The pilot. The same statute makes it a federal crime to interfere with or disable anyone engaged in the authorized operation of an aircraft, with intent to endanger anyone's safety or with reckless disregard for human life (18 U.S.C. § 32(a)(5)). Pennsylvania's criminal laws apply as well, including harassment (18 Pa.C.S. § 2709), simple assault (§ 2701), and recklessly endangering another person (§ 2705), for example by grabbing the controller while the aircraft is in flight. Damaging or taking the equipment can be criminal mischief or theft (§§ 3304, 3921).
• What we do. If someone confronts or distracts the pilot, the pilot lands first and talks second. We report any interference with a lawful flight, or with its pilot, to local police and the FAA. If a flight concerns you, please call us instead: (835) 997-2120.

10. For law enforcement

14 CFR 107.7

Our remote pilot carries an FAA remote pilot certificate and identification, which must be shown to any federal, state, or local law enforcement officer on request (14 CFR 107.7(a)). The crew also carries the written permission for the takeoff and landing site and the survey area, any airspace authorization, and a field card that names the project and the person who authorized it.

You can verify the pilot's certificate through the FAA Airmen Inquiry (certificate #5250269). If you ask us to stop, the pilot will land.

For questions about whether a drone flight is lawful, special agents in the FAA's Law Enforcement Assistance Program (LEAP) advise federal, state, and local officers. Reach them through the FAA's law enforcement contacts page or the FAA UAS Support Center at 844-FLY-MY-UA (844-359-6982).