Part 107 in Pennsylvania: Drone Law and Parks
Pennsylvania adds one drone law to Part 107, with an exception for FAA-compliant data collection, bans local drone ordinances, and allows six state park sites.
Your Part 107 certificate is what you need to fly commercially in Pennsylvania, and the state adds less on top than most. One statute, 18 Pa.C.S. §3505, creates the offense of unlawful use of unmanned aircraft. A companion section stops cities, counties and townships from writing their own drone rules. State parks are the main place where the rules get tighter.
What does §3505 prohibit?
It is an offense to use a drone intentionally or knowingly to:
| Conduct | Grading |
|---|---|
| Conduct surveillance of another person in a private place | Summary offense, fine of up to $300 |
| Operate in a way that puts another person in reasonable fear of bodily injury | Summary offense, fine of up to $300 |
| Deliver contraband, for example into a prison | Felony of the second degree |
The law defines a private place as a place where a person has a reasonable expectation of privacy, and surveillance as using a drone to observe, record or invade the privacy of another.
Is there an exception for commercial work?
Yes, for the surveillance offense. Subsection (e) says it does not apply to a person engaged in aerial data collection if two things are both true:
- the drone was flown in compliance with FAA regulations, or under an FAA exemption; and
- the person did not knowingly or intentionally conduct surveillance of another person in a private place.
Separate exceptions cover law enforcement and corrections staff, firefighters, emergency medical responders, utility employees and government employees doing their official duties.
The aerial data collection exception protects you only while you follow FAA rules. A flight that breaks Part 107 also loses this state-law exception. That is our reading of the text, not legal advice.
Can a Pennsylvania town ban drones?
Not on its own. 53 Pa.C.S. §305 says §3505 preempts and supersedes any municipal ordinance, resolution or rule regulating the ownership or operation of drones. A municipality may not regulate them unless a statute expressly authorizes it. Municipalities can still fly drones themselves for municipal purposes and regulate that use.
Neighboring states handle this differently; compare New Jersey and Ohio.
Where can you fly in Pennsylvania state parks?
Only at six designated flying sites. The Bureau of State Parks' drone page lists them:
- Beltzville State Park
- Benjamin Rush State Park
- Hillman State Park
- Lackawanna State Park
- Prompton State Park
- Tuscarora State Park
Only the designated site inside each park is open to drones, not the whole park, and drone use is restricted at every other state park location. The bureau asks operators to contact the park office of the site before visiting. National parks in the state follow the separate federal ban covered in the national parks post.
What federal rules matter most in Pennsylvania?
Philadelphia and Pittsburgh each sit under Class B airspace, and Class C and D airports serve other cities, so metro work usually needs authorization under §107.41. The LAANC guide covers how to get it quickly, and the Pennsylvania airspace guide covers both Class B areas and Gettysburg. Flights near people still follow §107.39 and the operations over people rules, whatever state law says.
A worked example
A builder near Pittsburgh hires you to film progress on a housing site next to occupied homes. Federally, you check the sectional chart, request LAANC if the site is in controlled airspace, and keep clear of people under §107.39. Under Pennsylvania law, you fly to document the site, not to look into neighbors' backyards or windows, which keeps the flight inside the aerial data collection exception. The township cannot add its own drone permit on top.
What this means for the exam
Nothing directly. The FAA knowledge test covers federal rules only, so §3505 will not appear on it. It matters once you fly for hire in the state. Other states are compared in the state drone laws guide.
The federal rules that matter most on job sites, in one guide.
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