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Drone laws in United States

Last verified 13 September 2026 against Federal Aviation Administration. Drone law changes fast — often twice a year. Every fact below links to the official source it came from. Verify with the regulator before you fly.

This page covers the rules issued by Federal Aviation Administration and applying in the United States and its territories, including Puerto Rico, Guam and the US Virgin Islands.

The United States runs two parallel legal regimes for identical hardware: recreational flight under 49 U.S.C. 44809, and everything else under 14 CFR Part 107. Registration starts at 250 g, Remote ID broadcast has been mandatory since March 2024, and routine beyond-visual-line-of-sight flight is still not legal — the Part 108 rule that would allow it has been under review since July 2026 and has not been published.

At a glance

Registration from
250 g (0.55 lb) — $5, valid 3 years since source
Pilot credential
TRUST (free online test) for recreational flight; a Part 107 Remote Pilot Certificate for everything else — minimum age 16, TSA security vetting, recurrent training every 24 calendar months. source
Max altitude
400 ft (120 m) AGL, or within 400 ft of a structure source
Remote ID
Mandatory (broadcast) — 14 CFR Part 89, enforced since 16 March 2024 since source
BVLOS
Waiver or exemption only — the Part 108 rule is not final since
Can a visitor fly?
Yes. A foreign visitor registers in FAADroneZone the same way ($5, 3 years); the FAA treats the certificate as a recognition of ownership rather than a US registration. Recreational visitors must also complete TRUST and carry proof. Drones under 250 g need no registration. source
Where you may not fly
Controlled airspace requires authorisation via LAANC (about 726 airports, 12 service suppliers) or FAA DroneZone. Temporary Flight Restrictions, stadiums, wildfires and security perimeters are hard exclusions. source
Penalties
Civil penalties up to $27,500 for registration offences; criminal fines up to $250,000 and/or up to 3 years. Enforcement hardened in 2026 — the FAA now requires legal action rather than education for airspace and endangerment violations. since source

Can a visitor fly?

Yes. A foreign visitor registers in FAADroneZone the same way ($5, 3 years); the FAA treats the certificate as a recognition of ownership rather than a US registration. Recreational visitors must also complete TRUST and carry proof. Drones under 250 g need no registration.

Policy timeline

  1. In force

    Section 232 tariffs take effect — 25% on consumer drones

    Proclamation 11055 imposes a 100% ad valorem duty on UAS over 25 kg, thermal-imaging UAS, docking stations and listed critical components, and 25% on UAS at or below 25 kg — which covers essentially every consumer drone. Reduced caps apply to the EU, Japan, South Korea, Taiwan, Switzerland and the UK, conditional on certifying that substantially all critical components originate there or in the US. This is the most consumer-visible change of 2026 and it has nothing to do with aviation safety.

    Source: Federal Register · 91 FR 53699 · published 19 August 2026 · verified 13 September 2026

  2. Pending

    Part 108 BVLOS final rule sent to OIRA — still unpublished

    Not law. This has been proposed or is under review. There is no compliance obligation until it is published.

    The FAA's beyond-visual-line-of-sight final rule entered EO 12866 review on 10 July 2026 and is still listed as Pending Review. There is no effective date and no compliance deadline. Several commercial sites report the rule as finalised; they are wrong. Until it publishes, BVLOS remains available only through a Part 107 waiver, a Part 11 exemption, or the Section 927 process.

    Source: OIRA (reginfo.gov) · RIN 2120-AL82 · published 10 July 2026 · verified 13 September 2026

  3. In force

    State and local police gain counter-drone authority

    A joint DHS/DOJ interim final rule, implementing the SAFER SKIES Act of 18 December 2025, extends detect-identify-track-warn authority — and at a higher certified tier, authority to disrupt, disable or destroy — to state, local, tribal and territorial law enforcement and correctional agencies. Mitigation requires in-person training at the FBI's National Counter-UAS Training Center, pre-approved equipment, and reporting within 48 hours. In practice: your drone can now lawfully be tracked, and in defined circumstances brought down, by local agencies.

    Source: Federal Register · 91 FR 41466 · published 6 July 2026 · verified 13 September 2026

  4. Proposed — not law

    Proposed flight restrictions around critical infrastructure (new Part 74)

    Not law. This has been proposed or is under review. There is no compliance obligation until it is published.

    An FAA notice of proposed rulemaking would create 14 CFR Part 74, letting operators of qualifying fixed-site facilities request Standard or Special UAS Flight Restrictions over their sites. Comments closed 5 August 2026 after an extension. No final rule — nine years after the statutory mandate in Section 2209 of the 2016 FAA Extension Act.

    Source: Federal Register · published 6 May 2026 · verified 13 September 2026

  5. In force

    DETER settlement programme for first-time violators

    The FAA's Drone Expedited and Targeted Enforcement Response gives a first-time violator 10 days to settle for a significantly reduced civil penalty. It is usable once, waives all rights to appeal or judicial review, and excludes TFR violations, weaponised drones, alcohol or drug offences and violations committed in furtherance of another crime.

    Source: Federal Register · 91 FR 20578 · published 17 April 2026 · verified 13 September 2026

  6. Enforcement

    FAA shifts from education-first to mandatory legal enforcement

    The FAA announced it will require legal action where drone operations endanger the public, violate airspace restrictions, or are conducted in furtherance of another crime. It published 18 violations from 2023–2025 with fines from $1,771 to $36,770 — the largest for interfering with wildfire emergency response — and 8 certificate suspensions or revocations in 2025.

    Source: FAA · published 6 February 2026 · verified 13 September 2026

  7. In force

    FCC adds all foreign-produced drones and critical components to the Covered List

    In a first-of-its-kind blanket action under the Secure Networks Act and Section 1709 of the FY2025 NDAA, the FCC added all foreign-produced UAS and UAS critical components — flight controllers, batteries, motors, communications and navigation systems — to the Covered List. The effect is prospective: covered equipment cannot receive new FCC equipment authorisations, so it cannot lawfully be imported or marketed. It does not ground, confiscate or prohibit drones already owned and authorised. DJI's petition for reconsideration and Autel's application for review are pending with no merits decision.

    Source: Federal Communications Commission · DA 25-1086 · published 22 December 2025 · verified 13 September 2026

  8. Superseded

    Part 108 BVLOS proposed rule published

    A joint FAA/TSA notice of proposed rulemaking to normalise beyond-visual-line-of-sight operations, with a permit-and-certificate structure, a 1,320 lb weight ceiling, mandatory detect-and-avoid, and a new Part 146 for automated data service providers. Comments closed 6 October 2025 and reopened briefly in early 2026.

    Source: Federal Register · 90 FR 38212 · published 7 August 2025 · verified 13 September 2026

  9. In force

    Remote ID becomes fully enforceable

    The FAA's enforcement discretion, granted because of broadcast-module supply shortages, expired. Every registered drone must now broadcast Remote ID — as a standard Remote ID aircraft, with a broadcast module, or by flying inside an FAA-Recognized Identification Area.

    Source: Federal Register · published 15 September 2023 · verified 13 September 2026

  10. In force

    Remote ID and Operations Over People rules take effect

    14 CFR Part 89 (Remote Identification) and the Operations Over People rule became effective. The latter created the four over-people categories and permitted night operations without a waiver, provided the pilot has completed the updated training and the aircraft carries anti-collision lighting visible for 3 statute miles.

    Source: Federal Register · 86 FR 4390 · published 15 January 2021 · verified 13 September 2026

Official sources

Drones made here: the directory lists 67 aircraft from United States. See them →

Compare: European Union

Guides: Why your drone licence stops at the border

Last verified · next review due 13 October 2026 · this is not legal advice; ListDrone is an information site, not a law firm or an aviation authority · found an error? tell us.