Georgia 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 Georgia must adhere to the FAA's Part 107 Rules.

Definitions:

In Georgia, an 'unmanned aircraft system' means a powered, aerial vehicle (excluding satellites) that:

  • Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft.

  • Uses aerodynamic forces to provide vehicle lift.

  • Can fly autonomously or be piloted remotely.

  • Can be expendable or recoverable.

State Drone Laws in Georgia

Georgia has a comprehensive state law, HB 481, that preempts local regulation and sets the primary rules for drone operation, along with other specific statutes.

Statutes/Bills (passed):

State Preemption and General Drone Operations (HB 481 / O.C.G.A. § 6-7-1) This is the most important law for any drone pilot in Georgia. It establishes that only the state government can create laws regulating the use of drones. Key provisions of this law include:

  • State Preemption: Local governments (cities and counties) are prohibited from creating or enforcing any ordinances that regulate the private operation of drones.

  • Private Property: It is illegal to launch or land a drone on private property without the owner's consent.

  • Harassment and Nuisance: It is illegal to operate a drone in a manner that would be considered harassment or a nuisance under Georgia law.

Drones Over Correctional Facilities (SB 6 / O.C.G.A. § 42-5-19) This law specifically addresses the use of drones near places of incarceration. It is illegal to:

  • Use a drone to photograph any place of incarceration without the written permission of the warden or superintendent (misdemeanor).

  • Use a drone to deliver or attempt to deliver contraband to a place of incarceration (felony).

Hunting and Wildlife Regulations from the Georgia Department of Natural Resources (DNR) prohibit the use of any aircraft, including drones, for the purpose of hunting, capturing, killing, or harassing wildlife.

State Governance and Studies

In 2016, the Governor of Georgia issued an executive order creating a Commission on Unmanned Aircraft Technology. This commission was tasked with studying the issue and making state-level recommendations to the Governor consistent with FAA regulations and the state’s business and public safety interests.

Local Drone Laws in Georgia

Due to the state preemption established by HB 481, local governments in Georgia are prohibited from creating their own drone-specific ordinances. This ensures a uniform set of rules for drone operators across the state.

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.

   
Join our newsletter