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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
local regulation; prohibition; unmanned aircraft
Purpose
Modifies the prohibition on unmanned aircraft regulations by a city, town or county.
Background
It is unlawful for a person to operate a model aircraft or a civil unmanned aircraft if the operation: 1) is prohibited by a federal law or regulation that governs aeronautics, including Federal Aviation Administration (FAA) regulations; or 2) interferes with a law enforcement, firefighter or emergency services operation. A violation is classified as a class 1 misdemeanor. It is also unlawful for a person to operate or use an unmanned aircraft or system to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense. A violation is classified as a class 6 felony, except that a second or subsequent violation is a class 5 felony. A city, town or county may not enact or adopt any ordinance, policy or rule that relates to the ownership or operation of an unmanned aircraft or system or otherwise engage in the regulation of the ownership or operation of an unmanned aircraft or system.
The prohibition on unmanned aircraft regulations by a city, town or county does not: 1) apply to a person or entity that is authorized or allowed by the FAA to operate or use an unmanned aircraft system if the person's or entity's operation or use complies with the authorization granted to the person or entity or with FAA rules; 2) prohibit a city, town or county from enacting or adopting ordinances or rules on the operation or use of a public unmanned aircraft that is owned by the city, town or county; 3) prohibit a city, town or county from enacting or adopting ordinances or rules that regulate the takeoff or landing of a model aircraft in a park or preserve owned by the city, town or county if prescribed conditions are met; and 4) apply to the operation of an unmanned aircraft, including a public unmanned aircraft, by a first responder or emergency worker while engaged in or supporting authorized emergency management activities or performing emergency functions (A.R.S. § 13-3729).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds that the prohibition on unmanned aircraft regulations does not:
a) prohibit a city, town or county from enacting or adopting an ordnance or rule on:
i. land use approvals for taking off, docking and landing a commercial drone delivery system in an area zoned for residential use or within 150-foot radius of the outer boundary of the area zoned for residential use; or
ii. taking off, docking or landing a commercial drone delivery system from a city, town or county-owned facility or property;
b) prohibit a city, town or county from requiring or enforcing existing regulations that are not explicitly for an unmanned aircraft or system or a commercial drone delivery system;
c) allow a city, town or county to withhold issuing a permit or approval for operating, taking off, docking or landing an unmanned aircraft or system or a commercial drone delivery system in an area that is not zoned for residential use; and
d) limit a city's, town's or county's authority to apply and enforce generally applicable zoning, land use, site plan, building, fire and public safety regulations to the physical location of facilities that are used for taking off, docking or landing an unmanned aircraft or commercial drone delivery system within one mile of a large hub airport's latitude and longitude as recorded in the FAA's master airport records, if the regulations do not:
i. govern the flight path, navigation or operation of the unmanned aircraft; or
ii. have the effect of prohibiting commercial drone delivery systems within the jurisdiction.
2. Defines commercial drone delivery system as an unmanned aircraft system engaged in the delivering of goods via drone and is approved to operate for that purpose by the FAA.
3. Defines model aircraft as an unmanned aircraft that is:
a) capable of sustained flight in the atmosphere;
b) flown within the visual line of sight of the person operating the model aircraft; and
c) flown for hobby or recreational purposes.
4. Defines public unmanned aircraft as an unmanned aircraft or system that is operated by a public agency for a government-related purpose.
5. Defines unmanned aircraft as an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.
6. Defines unmanned aircraft system as an unmanned aircraft and associated elements, including any communication links and components that control the unmanned aircraft.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
COM 2/3/26 DP 10-1-0-0
3rd Read 3/4/26 37-16-6-0-1
Prepared by Senate Research
March 16, 2026
JT/NRG/ci