State drone laws might be getting out of hand

Laws regulating the purchase and ownership of drones have skyrocketed over the last couple of years thanks to movements to ban Chinese-made drones from the US. The popularity of drones has also added other regulations, like where you can and can’t take off and land or where you can operate one from. However, Connecticut might have one of the most restrictive, and potentially unconstitutional, laws not in the works, but passed!

I’ll be honest and admit that I did not see this happen right away; the bill was passed on February 25, but I came across 51 Drones’ video on the matter just recently.

Last month, Connecticut’s government passed House Bill 7066, an amalgamation of several new laws, from immigration authorities in schools to funding the state government; it also has a few sections on the use of drones in the state.

Section 7, the most interesting section of the bunch, sets in place regulations on how low a drone can fly over critical infrastructure. The state defines “critical infrastructure” as:

• Power plants, electric substation or switchyard, electric control system
• Facility for storing, receiving or processing petroleum products and other fuels
• Chemical or rubber manufacturing or storage facility
• Correctional facilities
• Telecommunications office or infrastructure
• Commercial port, harbor, rail yard, truck terminal or other freight transportation facility
• Gas manufacture and distribution plants
• Television or radio station licensed by the FCC
• Above-ground oil, gas or chemical pipeline
• A dam classified as a high or significant hazard by the Commissioner of Energy and Environmental Protection
• An air navigation facility
• A military facility
• A reservoir, water treatment plant, distribution system and pumping station or wastewater treatment plant, collection system and pump station
• A facility used primarily by a defense contractor
• Government office building
• Hospital
• Public safety building or facility
• State or locally owned bridge
• Limited access highway or a tunnel located on a limited access highway

Any drone pilot cannot fly their drone less than 250 feet above or 100 feet horizontally from any of these facilities. This is a law restricting your drone’s flight, not where you’re operating the drone or taking off or landing the drone. So simply flying your drone in Class G airspace near something like a hospital or police station would be illegal in the state of Connecticut. This section of the law will go into effect on October 1, 2025.

Connecticut sets breaking this law as a class A misdemeanor. As expected, law enforcement, government employees, military personnel, and contractors tasked with working in these areas are exempt from the law.

The bill also formalizes a ban on the purchase and operation of any drones from companies that are on the federal government’s entity list, like DJI. A similar law has been seen popping up in other states, like Florida. Finally, the bill bans any weapons or bombs from being attached to drones, something already banned by the FAA nationwide.

Speaking of the FAA… the law may cause some issues for them. While states can regulate where you can operate a drone or take off or land one, the US law is quite clear about who is in charge of regulating US airspace.

(a) Sovereignty and Public Right of Transit

(1) The United States Government has exclusive sovereignty of airspace of the United States.

(2) A citizen of the United States has a public right of transit through the navigable airspace.

(b) Use of Airspace

(1)The Administrator of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. The Administrator may modify or revoke an assignment when required in the public interest.

(2)The Administrator shall prescribe air traffic regulations on the flight of aircraft.

49 U.S. Code § 40103 – Sovereignty and use of airspace

Both the FAA and the members of the Connecticut Senate and House of Representatives who sponsored the bill were contacted for comment but have yet to respond.

Certainly, any law created by a government can be enforceable. Whether or not this stands up in court if fought is a question for an actual lawyer. While I’m not an expert in the legal system and I wouldn’t take this as proper advice, if I were flying a drone and charged under this law, I would be fighting it.

However, I don’t suggest flying a drone around these facilities anyway. Some might already have restricted airspace above them. Others, like a hospital, might have a helipad that can see infrequent but unexpected low-flying aircraft.