State-level Statutes Governing Unmanned Aerial Vehicle Use in Academic Research in the United States

Abstract

In the United States of America (USA), the Federal Aviation Administration (FAA) maintains operational control of the national airspace and the aircraft in it – including small unmanned aerial systems (sUAS). However, states and local jurisdictions can regulate collection of imagery/data and where the operator of the aircraft is located. Surprisingly, numerous states have enacted laws that impact unmanned aircraft operations in the national airspace. The proliferation of state statutes regulating sUAS operations and imagery/data collections has resulted in a patchwork quilt of laws affecting the academic or researcher using sUAS in the United States for image collections. These legal challenges are often known in a scientist’s home state but unknown and challenging to operate in another state. This research examined the state-level statutes (currently as of 2020) that govern sUAS operation and associated image collection in the United States as they would apply to academic research/instruction, in particular. All state statutes were categorized into the preparatory, operations, image/data collection regulations and the geographic space affected. The chronology, of when and by state, the laws enacted were also examined. These regulations are presented with interpretation of how the sUAS operator is affected and the possible exemptions available for university personnel lawfully operating a sUAS in their home state and in a non-home state. Problematic issues, such as the restriction of overflights over critical facilities, when the locations of these type facilities are unknown (because of security), are also presented and discussed. Recommendations on how an academic/researcher can qualify for an exemption to statute restrictions are provided.