States Chart New Airspace Rules for Drone Surveillance and Security

As unmanned aircraft systems (UAS) become ubiquitous tools for both public agencies and private operators, 13 states have introduced 20 bills in early 2025 to address evolving security concerns and operational challenges. This legislative surge reflects growing tensions between technological innovation, constitutional protections, and infrastructure security needs.

Redefining Critical Infrastructure Protections

States are adopting divergent definitions of protected facilities, creating a patchwork of airspace restrictions. Texas HB1236 expands critical infrastructure to include telecommunications cables, while Florida S1422 adds spaceports to its protected list. New Hampshire's SB49 establishes felony charges for unauthorized drone flights over military bases, mirroring Virginia's approach in SB1272 for power plants and utilities.

Law enforcement agencies emerge as primary beneficiaries, with Virginia HB2177 authorizing warrantless drone deployments for:

• Accident reconstruction
• Arrest warrant execution planning
• Pursuit of fleeing suspects Minnesota extends this authority through HF561 for missing persons searches, raising Fourth Amendment questions about aerial surveillance thresholds.

Commercial Operations Face New Barriers

Illinois HB3190 carves exceptions for licensed surveyors and engineers, contrasting with West Virginia's HB3299 requiring state-purchased drones to be domestically manufactured. This protectionist measure could disadvantage foreign-owned manufacturers while creating opportunities for U.S. aerospace firms.

Arizona illustrates regional enforcement priorities through:

1. HB2733 granting qualified immunity for law enforcement drone operators
2. SB1282 enhancing penalties for suspects evading aerial surveillance

Privacy vs. Security Balancing Act

Connecticut's HB06861 prohibits laser targeting of aircraft while banning weaponized drones, reflecting post-2020 protest concerns. However, civil liberties groups warn that bills like Texas HB1947 could criminalize routine journalism near pipelines or cell towers.

Implementation challenges include:

State	Compliance Deadline	Key Hurdle
VA	2026 Q1	Training 15,000 officers on new protocols
WV	2027	Establishing domestic drone supply chains
MN	2025 Q3	Developing pursuit authorization algorithms

Historical Context and Future Projections

These measures build on:

1. 2012 FAA Modernization Act's commercial drone framework
2. 2016-2020 state laws addressing peeping tom drone use
3. 2020 California Consumer Privacy Act provisions for aerial data

As battery technologies extend flight durations, legislators may need to address:

• Automated license plate recognition from altitude
• Thermal imaging capabilities
• Swarm operation regulations

With 38% of bills including racial impact statements (per LegiEquity analysis), ongoing monitoring will be crucial to prevent disproportionate enforcement in communities of color. The coming years will likely see federal preemption challenges as states test the boundaries of their airspace authority.

This evolving regulatory landscape presents both opportunities for public safety innovation and risks of fragmented compliance standards. As Kansas HB2061 expands protected infrastructure to include buried cables, and Hawaii SB371 enhances penalties for facility damage, the drone industry faces a critical juncture in balancing operational freedom with societal safeguards.