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Chapter 0116 - 572R - S Ver of HB2875
Senate Engrossed
House Bill
local regulation;
prohibition; unmanned aircraft
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 116
HOUSE BILL 2875
AN
ACT
amending title 9, chapter 4, article 8,
Arizona Revised Statutes, by adding section 9-500.54; amending Title 11,
chapter 2, article 4, Arizona Revised Statutes, by adding section 11-256.31;
amending section 13-3729, Arizona Revised Statutes; relating to unmanned
aircraft.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section
1.
1. Title
9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section
9-500.54, to read:
START_STATUTE
9-500.54.
Prohibition on unmanned aircraft regulation; exceptions;
definitions
A. Except as otherwise provided by
law, a city or town may not enact or adopt any ordinance, policy or rule that
relates to the ownership or operation of an unmanned aircraft
, unmanned aircraft system
or commercial drone
delivery system or otherwise engage in regulating the ownership or operation of
an unmanned aircraft
, unmanned aircraft system
or commercial drone delivery system. Any ordinance, policy
or rule that violates this subsection, whether enacted or adopted by the city
or town before or after August 6, 2016, is void.
b. This section does not:
1. Prohibit a city or town from
enacting or adopting an ordinance or rule on any of the following:
(
a
) operating
or using a public unmanned aircraft that is owned by the city or town.
(
b
) taking off
or landing a model aircraft in a park or preserve that is owned by the city or
town if either of the following applies:
(
i
) There are
other parks or preserves that are within the city or town and that are
available for operating model aircraft.
(
ii
) The city
or town has only one park or preserve that is within the city or town.
(
c
) land use
approvals for taking off, docking and landing
a
commercial drone delivery system in an area zoned for residential use or WITHIN
A one hundred fifty-foot radius of the outer boundary of the area zoned for
residential use.
(
d
) taking off,
docking or landing a commercial drone delivery system from a city or town owned
facility or property.
2. Prohibit a city or town from
requiring or enforcing existing regulations that are not explicitly for an
unmanned aircraft
, unmanned aircraft system
or a commercial drone delivery system.
3. Allow a city or town to withhold
issuing a permit or approval for operating, taking off, docking or landing an
unmanned aircraft
, unmanned aircraft system
or a commercial drone delivery system in an area that is not zoned for
residential use.
4. LIMIT A CITY's OR TOWN'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 two and one-half
miles OF A small, medium or LARGE HUB AIRPORT'S LATITUDE AND LONGITUDE AS
RECORDED IN THE federal aviation administration'S MASTER AIRPORT RECORDS, if
the REGULATIONS DO NOT GOVERN THE FLIGHT PATH, NAVIGATION OR OPERATION OF THE
unmanned AIRCRAFT AND DO NOT HAVE THE EFFECT OF PROHIBITING COMMERCIAL DRONE
DELIVERY SYSTEMS WITHIN THE JURISDICTION and if the commercial drone delivery
system operator consults with the airport regarding the regulations.
c. For the purposes of this section:
1. "commercial drone delivery
system" means an unmanned aircraft system engaged in the delivering of
goods via drone and is approved to operate for that purpose by the federal
aviation administration.
2. "Model aircraft" means
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.
(
c
) flown for
hobby or recreational purposes.
3. "Public unmanned
aircraft" means an unmanned aircraft or unmanned aircraft system that is
operated by a public agency for a government-related purpose.
4. "Unmanned aircraft"
means 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.
5. "Unmanned aircraft
system" means an unmanned aircraft and associated elements, including any
communication links and components that control the unmanned aircraft.
END_STATUTE
Sec.
2.
2. Title
11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding
section 11-256.31, to read:
START_STATUTE
11-256.31.
Prohibition on unmanned aircraft; exceptions; definitions
A. Except as otherwise provided by
law, a county may not enact or adopt any ordinance, policy or rule that relates
to the ownership or operation of an unmanned aircraft
,
unmanned aircraft system
or commercial drone delivery
system or otherwise engage in regulating the ownership or operation of an
unmanned aircraft
, an unmanned aircraft system
or commercial drone delivery system. Any ordinance, policy
or rule that violates this subsection, whether enacted or adopted by the county
before or after August 6, 2016, is void.
b. This section does not:
1. Prohibit a county from enacting or
adopting an ordinance or rule on any of the following:
(
a
) operating
or using a public unmanned aircraft that is owned by the county.
(
b
) taking off
or landing a model aircraft in a park or preserve that is owned by the county
if either of the following applies:
(
i
) There are
other parks or preserves that are within the county and that are available for
operating model aircraft.
(
ii
) The county
has only one park or preserve that is within the county.
(
c
) land use approvals for taking off, docking and landing
a commercial drone delivery system in an area zoned for residential
use or WITHIN A one hundred fifty-foot radius of the outer boundary of the area
zoned for residential use.
(
d
) taking off,
docking or landing a commercial drone delivery system from a county owned
facility or property.
2. Prohibit a county from requiring
or enforcing existing regulations that are not explicitly for an unmanned
aircraft
, unmanned aircraft system
or
a commercial drone delivery system.
3. Allow a county to withhold issuing
a permit or approval for operating, taking off, docking or landing an unmanned
aircraft
, unmanned aircraft system
or
a commercial drone delivery system in an area that is not zoned for residential
use.
4. LIMIT A 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 two and one-half miles OF A small, medium or
LARGE HUB AIRPORT'S LATITUDE AND LONGITUDE AS RECORDED IN THE federal aviation
administration'S MASTER AIRPORT RECORDS, if the REGULATIONS DO NOT GOVERN THE
FLIGHT PATH, NAVIGATION OR OPERATION OF THE unmanned AIRCRAFT AND DO NOT HAVE
THE EFFECT OF PROHIBITING COMMERCIAL DRONE DELIVERY SYSTEMS WITHIN THE
JURISDICTION and if the commercial drone delivery system operator consults with
the airport regarding the regulations.
c. For the purposes of this section:
1. "commercial drone delivery
system" means an unmanned aircraft system engaged in the delivering of
goods via drone and is approved to operate for that purpose by the federal
aviation administration.
2. "Model aircraft" means
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.
(
c
) flown for
hobby or recreational purposes.
3. "Public unmanned
aircraft" means an unmanned aircraft or unmanned aircraft system that is
operated by a public agency for a government-related purpose.
4. "Unmanned aircraft"
means 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.
5. "Unmanned aircraft
system" means an unmanned aircraft and associated elements, including any
communication links and components that control the unmanned aircraft.
END_STATUTE
Sec.
3.
3. Section 13-3729, Arizona Revised Statutes, is
amended to read:
START_STATUTE
13-3729.
Unlawful operation of model or unmanned aircraft; state
preemption; classification; definitions
A. 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 regulations.
2. Interferes with a law enforcement, firefighter or
emergency services operation.
B. It is unlawful for a person to operate or use an
unmanned aircraft or unmanned aircraft system to intentionally photograph or
loiter over or near a critical facility in the furtherance of any criminal
offense.
C. Except as authorized by law, 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 unmanned
aircraft system or otherwise engage in the regulation of the ownership or
operation of an unmanned aircraft or an unmanned aircraft system. Any
ordinance, policy or rule that violates this subsection, whether enacted or
adopted by the city, town or county before or after August 6, 2016, is void.
D.
C.
This
section does not:
1. Apply to a person or entity that is authorized or
allowed by the federal aviation administration 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 federal aviation
administration 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:
(a) There are other parks or preserves
that are within the city, town or county and that are available for model
aircraft operation.
(b) The city, town or county only has
one park or preserve that is within the city, town or county.
4.
2.
Apply
to the operation of an unmanned aircraft, including a public unmanned aircraft,
by a first responder as defined in section 36-661 while acting in the
first responder's official capacity or an emergency worker while engaged in or
supporting authorized emergency management activities or performing emergency
functions pursuant to title 26, chapter 2.
E.
D.
A
violation of subsection B of this section is a class 6 felony, except that a
second or subsequent violation is a class 5 felony. A violation of subsection A
of this section is a class 1 misdemeanor.
F.
e.
For
the purposes of this section:
1. "Civil unmanned aircraft" means an
unmanned aircraft or unmanned aircraft system that is operated by a person for
any purpose other than strictly for hobby or recreational purposes, including
commercial purposes, or in furtherance of or incidental to any business or
media service or agency.
2. "Commercial purposes" means the use of
an unmanned aircraft in return for financial compensation and includes aerial
photography, aerial mapping or geospatial imaging.
3. "Critical facility" means any of the
following:
(a) A petroleum or alumina refinery.
(b) A petroleum, chemical or rubber production,
transportation, storage or processing facility.
(c) A chemical manufacturing facility.
(d) A water or wastewater treatment facility and
water development, distribution or conveyance system, including a dam.
(e) An electric generation facility, as defined in
section 42-14156, and any associated substation or switchyard.
(f) An electrical transmission or distribution
substation.
(g) An electrical transmission line of at least
sixty-nine thousand volts.
(h) An electronic communication station or tower.
(i) An energy control center.
(j) A distribution operating center.
(k) A facility that transfers or distributes natural
gas, including a compressor station, regulator station, city gate station or
pressure limiting station or a liquefied natural gas facility or supplier tap
facility.
(l) Any railroad infrastructure or facility.
(m) A federal, state, county or municipal court.
(n) A public safety or emergency operation facility.
(o) A federal, state, county or municipal jail or
prison or other facility in which persons are incarcerated.
(p) A federal or state military installation or
facility.
(q) A hospital that receives air ambulance services.
4. "Model aircraft"
has the
same meaning prescribed in section 336 of the FAA modernization and reform act
of 2012 (P.L. 112-95), as amended
means 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.
(
c
) flown for
hobby or recreational purposes
.
5. "Person" means a corporation, firm,
partnership, association, individual or organization or any other group acting
as a unit.
6. "Public unmanned aircraft" means an
unmanned aircraft or unmanned aircraft system that is operated by a public
agency for a government-related purpose.
7. "Unmanned aircraft" means 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.
8. "Unmanned aircraft system" means an
unmanned aircraft and associated elements, including any communication links
and components that control the unmanned aircraft.
END_STATUTE
APPROVED BY THE GOVERNOR JUNE 4, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2026.