Arkansas UAS Laws

 
 
Note on Federal vs State Laws:

Federal airspace laws take precedence over state drone laws. If a state or local law directly conflicts with FAA regulations, the state or local law is likely to be invalidated. All commercial drone pilots operating in Arkansas must adhere to the FAA's Part 107 Rules.

Definitions:

Arkansas law defines a “drone” as an “unmanned aircraft system,” which is a broad term covering any “unmanned, powered aircraft that:

  • Does not carry a human operator;

  • Can be autonomous or remotely piloted or operated; and

  • Can be expendable or recoverable.”

This definition does not include:

  • Satellites orbiting the earth.

  • Drones used by or under contract with the state or federal government to inspect critical infrastructure.

  • Drones used by law enforcement or emergency management agencies for purposes like incident command, reconnaissance, or training.

  • Drones operated under an FAA Certificate of Authorization (COA).

“Critical infrastructure” in Arkansas includes facilities such as:

  1. An electrical power generation or delivery system;
  2. A petroleum refinery;
  3. A chemical or rubber manufacturing facility; or
  4. A petroleum or chemical storage facility;
  5. A railroad operating facility; or
  6. A communication tower or facility;
  7. A food processing or manufacturing facility; or
  8. A correctional or detention facility

State Drone Laws in Arkansas

Arkansas has several statutes that apply to drone operations, focusing on surveillance of critical infrastructure and personal privacy.

Statutes/Bills (passed):

5-60-103. - Unlawful use of unmanned aircraft system

This law, established by HB 1349, is the state's primary drone-specific regulation. It makes it illegal to knowingly use a drone to conduct surveillance of, gather information about, or record critical infrastructure without prior written consent from the owner.

  • A first offense is a Class B misdemeanor.

  • A second or subsequent offense is a Class A misdemeanor.

5-16-102. & 5-16-101. - Video Voyeurism

It's a punishable crime to use any device to secretly photograph, film, or view another person in a place where they have a reasonable expectation of privacy, such as inside their home. Using a drone to commit these acts is illegal under these statutes.

Other Applicable Regulations

  • Hunting: Regulations from the Arkansas Game and Fish Commission prohibit the use of aircraft (including drones) to harass or assist in the hunting of wildlife.

  • Weaponization: General state laws regarding the unlawful discharge or use of weapons could apply if a drone were to be weaponized.

Arkansas state law does not explicitly prevent local municipalities from creating their own drone ordinances. Therefore, it is important to check for specific rules in the city or county where you plan to operate, especially regarding flying in parks and over public property.

DISCLAIMER: This information is for educational purposes only and does not constitute legal advice. If you are in need of legal assistance, you should seek out an attorney licensed to practice in your state.