Alaska UAS Laws

 


Note on Federal vs State Laws:

Federal aviation laws enacted by the FAA take precedence over state drone laws. If a state or local law directly conflicts with FAA regulations, the state or local law is generally considered void. All commercial drone pilots operating in Alaska must adhere to the FAA's Part 107 Rules.

State Drone Laws in Alaska

Currently, Alaska's statewide drone regulations focus exclusively on the use of unmanned aircraft systems (UAS) by law enforcement and public agencies. There are no specific state statutes that restrict the operation of drones by private, commercial, or recreational users.

Definitions:

Alaska statute defines an “unmanned aircraft system” as “an unmanned aircraft operated without direct human intervention from inside the aircraft.”

 
Statutes/Bills (passed):

Article 13. LAW ENFORCEMENT USE OF UNMANNED AIRCRAFT SYSTEMS

HB 255

The primary legislation governing drone use in Alaska is HB 255, which established detailed rules for law enforcement:

  • Warrant Requirement: Law enforcement agencies are prohibited from using a drone for surveillance or to conduct a search without first obtaining a search warrant.

  • Exceptions to the Warrant Rule: A warrant is not required in specific situations, such as for search and rescue operations, when there is a high risk of a terrorist attack, or if there is imminent danger to a person's life.

  • Data Retention: Any images or information gathered by a law enforcement drone must be deleted within one year unless it contains evidence of a crime or is relevant to an ongoing investigation or legal proceeding.

  • Public Reporting: Any state or local law enforcement agency that uses a drone must publicly report its use.

SCR 4

Continues the state's Task Force on Unmanned Aircraft Systems, which studies and makes recommendations for integrating drones safely into Alaska's airspace.

Local Drone Laws in Alaska

While there are no overarching state laws for private drone use, individual cities and municipalities may have their own local ordinances. These can include restrictions on flying in local parks, near government buildings, or during specific events. Always check local rules and regulations before flying.

DISCLAIMER: This is for informational purposes only. The information does not constitute legal advice. You should seek out a attorney licensed in your state if you are in need of legal assistance.

   
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