FAA Releases UAS Fact Sheet Update for 2023

July 24, 2023

Last week, the FAA released its Updated Fact Sheet (2023) on State and Local Regulation of Unmanned Aircraft Systems (UAS).
In the eight years since the last Fact Sheet from the FAA, many states and localities have introduced drone legislation. While some measures were positive and supportive of industry, others were far-reaching and encroaching on federal authorities.
To encourage favorable measures and guide legislators on industry-supportive drone regulations, AUVSI released our 50-state educational campaign, Drone Prepared1, in December 2022. The 2023 Fact Sheet foot stomps the pillars of Drone Prepared, with conclusive language on federal preemption and alignment with its major goals.
Key Takeaways

Restatement of Federal Preemption
The main pillar of Drone Prepared is to leave air navigation and safety to the FAA. The United States has the safest airspace in the world, and this is because of the control the federal government has over the airspace. This is no less true in low-level airspace, where drones primarily operate. Federal preemption prevents a patchwork of regulations that would otherwise erode safety and hinder operations.
The FAA bolsters this truth in the updated fact sheet, writing “Federal Statutes give the FAA comprehensive and exclusive authority to regulate aviation safety and the efficient use of the airspace, and the FAA has issued a complex set of regulations in these areas. States may not regulate in those fields.” The fact sheet further states that “The FAA has exclusive authority to regulate aviation safety and airspace efficiency with respect to UAS operations at any altitude. Field preemption does not depend on the altitude of the operations affected by a state law.”
This language resolutely establishes the FAA as the sole regulatory authority of the airspace, no matter the altitude. While a truth already established, the updated restatement upholds preemption and officially ends the argument from States that the low level in which drones typically operate was exempt.
End of Avigation Easements
While no bills were seen this session, due to education from Drone Prepared, there had previously been a growing trend in the States of creating “avigation easements” – essentially toll roads in the sky – as a way of developing and growing the UAS industry. In reality, though, these measures would fragment access to low-level airspace, inhibiting operations and creating safety risks.
The Updated Fact Sheet furthers the illegitimacy of avigation easements, directly citing “Designating ‘highways’ or routes for UAS” and “Selling or leasing UAS-related air rights above roadways” as examples of state and local laws addressing UAS that would be subject to federal preemption.
Further Alignment with Drone Prepared
In addition to clearly upholding federal preemption and definitively ending the concept of avigation easements, the Updated Fact Sheet aligns with Drone Prepared in other areas:
Existing Law and Aerial Trespass
Another pillar of Drone Prepared is to leverage existing law regulating actions done using UAS. This streamlines each State’s regulatory environment, allowing them to fall back to existing statutes when regulating things such as stalking, harassment, trespass, etc., without having to create a whole new measure.
The Fact Sheet supports this concept, writing in the section discussing laws that would likely not be subject to conflict preemption, “Many of these state and local concerns are already addressed by laws that regulate ground-based conduct not involving UAS and such laws often can be applied to UAS.”
The Fact Sheet also echoes Drone Prepared’s language when it comes to aerial trespass. A common issue seen at the State level, many proposed aerial trespass measures end up regulating the airspace, prohibiting operations over property completely or under a specific altitude level. This language is federally preempted as it is equivalent to a ban on flight.
Drone Prepared’s aerial trespass language addresses this by tying aerial trespass to enjoyment and immediate reaches. The Fact Sheet mirrors this language, writing that allowable trespass laws would be ones “That prohibit, restrict, or sanction operations by UAS in the immediate reaches of property to the extent that such operations substantially interfere with the property owner’s actual use and enjoyment of the property.”
The 2023 Updated Fact Sheet is a strong statement from the FAA, containing decisive language on federal preemption of the airspace, clarifying common concerns seen at the state level, and lining up well with the pillars of, and language in, Drone Prepared. AUVSI applauds FAA for this update. Reach out to our team to learn more about how you can get involved in ensuring your state is Drone Prepared.