uav
Unidentified drones flying over property have raised many concerns recently, but new laws in Ohio may ease those concerns. The new laws aim to enhance safety, protect privacy, and align state laws with federal regulations for “unmanned aerial vehicles” (UAVs), or “drones.” Passed late last year as H.B. 77 and effective on April 9, 2025, the new laws amend Ohio’s aircraft safety laws to prohibit operating UAVs in certain ways and also address local government use and regulations for UAVs.
Legal definition of UAV
A UAV, according to the new law, is commonly referred to as a drone and is a vehicle that does not carry a human operator, is operated without the possibility of direct human intervention from within or on the vehicle, uses aerodynamic forces to provide lift, can fly autonomously or be piloted remotely, and is either expendable or recoverable. The law clarifies that a satellite is not a UAV.
Prohibited drone operations
The law establishes four prohibited actions by UAV operators in Ohio and sets penalties for violating the prohibitions:
- Knowing endangerment. A person shall not operate a UAV “on the land or water or in the air space over this state in a manner that knowingly endangers any person or property or purposely disregards the rights or safety of others.” A violation of this provision can result in a $500 fine and/or up to six months of imprisonment.
- Interference with law enforcement and emergency responders. The law prohibits operating a drone in a way that disrupts, interrupts, or impairs the operations or activities of law enforcement, fire department, or emergency medical services. Criminal misdemeanor or felony charges are possible, depending on whether the interference was committed knowingly or the result of recklessness.
- Operation over critical facilities. Two new provisions apply to “critical facilities,” which includes hospitals that receive air ambulance services; military installations; commercial distribution centers; courts, jails, and prisons; and police stations, sheriff’s offices, state highway patrol stations, and premises controlled by the bureau of criminal investigation. The law prohibits a person from operating a drone to photograph, record, or loiter over or near a critical facility in two situations. The first situation is operating a drone with the purpose of tampering with or destroying the facility and the second is operating a drone to further another criminal offense involving harm to a person. Violations of these laws can lead to criminal misdemeanor and felony charges, depending on the operator’s intent and whether the action is a repeated violation.
- Compliance with federal law. The new law ties into federal law and regulations that require registration of UAVs and licensing for certain UAV operators. Ohio law prohibits a person from operating a UAV in Ohio if those federal laws or FAA regulations would prohibit the operation, which allows the state to enforce the federal law requirements.
Local governments and drones
Another provision of the new law provides authority to municipalities, counties, townships, and park districts. These local governments can now adopt local ordinances or regulations for UAVs in two situations: for hobby or recreational uses of drones above a park or other public property and for the use and operation of drones by the local government.
What do the new laws mean for agriculture? The laws place new responsibilities on drone operators to use drones responsibly and for legitimate purposes while providing remedies for those whose safety or privacy are endangered by drone operations. In those situations, a person should contact local law enforcement. Federal law requires registration and “Remote ID” tracking technology for UAVs, which can allow identification of the drone operator from an on-the-ground transmitter. With the new laws, there are now legal options for pursuing enforcement against bad actors. Local governments can also now enact additional laws to ensure safe drone operation in their public areas.
What the laws don’t do is authorize the “shooting down” of suspicious drones. It is a federal crime to shoot or intentionally harm a drone, even if the drone is flying over someone’s private property. Shooting a drone from the sky can also create safety risks and potential civil liability. Read more about options for dealing with suspicious drone activity in our previous blog post.
Information about House Bill 77 is available on the Ohio General Assembly’s website.
Drones, or more accurately named Unmanned Aerial Vehicles (UAVs), have helped provide new methods of pesticide applications and agronomic data collection to assist farmers with productivity and efficiency. Yet the possibility of unknown drones flying over a farm property can cause concerns. Recent conversations and sightings of drones in rural areas have producers raising questions such as “what can I do about suspicious drone activity” and “can I shoot down a drone over my property?” Federal and state laws provide answers to these questions. Here are several points farmers need to know about dealing with UAVs traveling over their properties.
1. Shooting a drone is a crime under federal and state laws. Federal law prohibits a person from intentionally harming UAVs and other aircraft. It is a federal felony to willfully “damage, destroy, disable, or wreck any aircraft,” and the federal government has prosecuted persons for doing so. The potential punishment can be severe: a fine of up to $250,000 and twenty years of imprisonment. Ohio law also establishes a crime for “endangering aircraft.” A person who knowingly discharges a firearm, air gun, or spring-operated gun at or toward any aircraft can be subject to misdemeanor or felony charges, fines, and imprisonment, depending upon the risk of harm resulting from the endangerment.
2. Shooting a drone can create safety risks and potential civil liability. The Federal Aviation Authority (FAA) and other aviation professionals warn against the unintended consequences of injuring an airborne drone. Once disabled, a UAV is no longer under the control of an operator and will eventually crash. Some compare an injured drone to a “missile” that can harm people, animals, and property upon impact. A recent case in Florida illustrates this danger, with a child suffering serious harm when a drone crashed and struck him. A person who intentionally harms a drone not only creates this safety risk, but also opens up the possibility of being liable for injuries caused by the drone or its debris. Additionally, the owner of the drone may seek compensation for the loss of the aircraft.
3. The recommended action is to report suspicious drone activity. If a UAV poses a danger, an observer should report it right away to local law enforcement or the county Emergency Management Agency, who can investigate the situation. It’s helpful to share location information and videos and photos of the aircraft. If a drone doesn’t pose an immediate danger but appears to be operated in violation of FAA rules, an observer can report the activity to the nearest FAA flight standards district office. There are FAA district offices in Cincinnati, Columbus, and Cleveland. Contact information is available on the FAA website.
4. Federal laws require registration and tracking technology for drones. A drone owner must register the aircraft with the FAA and provide the owner’s address, e-mail, and telephone information along with the model and serial number for the UAV. The FAA issues an information or “N-number” the owner must display on the vehicle, and the agency also provides an online tool for looking up an aircraft by its N-number. An additional FAA rule also requires a registered drone to have “Remote ID” technology. A Remote ID acts as a drone’s “digital license plate” by broadcasting a signal identifying the drone, its location, and the location of its control station. The registration and Remote ID requirements increase the likelihood that law enforcement or the FAA can ascertain who owns or is operating the aircraft.
5. New laws for UAVs will soon be effective in Ohio. While the federal government has sole authority to regulate UAVs, states can also enact drone laws as long as they don’t conflict with the federal regulations. The Ohio legislature recently did so, enacting a bill last December with requirements and prohibitions on private use of drones. The new law, which is not effective until April 9, 2025, will prohibit a person from operating a UAV “in a manner that knowingly endangers any person or property or purposely disregards the rights or safety of others.” The penalty for a violation includes a fine of up to $500 and imprisonment of up to six months. The new law offers another reason to report suspicious drones, and its penalties could help reduce potentially harmful drone activity.
It can be unnerving and threatening to see an unknown drone flying over one’s property, but shooting at the drone is not a viable solution to the concern. An injured UAV can harm people and property. A shooter could not only be liable for that harm but could also face criminal felony and misdemeanor charges for endangering or harming aircraft, along with hefty fines and imprisonment penalties. The preferred solution for dealing with drone activity is to report it to local law enforcement or the FAA. Taking action quickly could result in identification of the owner and an explanation of the drone’s activities. If that activity is suspicious or endangering, federal and state laws can penalize the offender and eliminate the drone activity.
