North Carolina UAS Laws

  
 
Note on Federal vs State Laws:

Federal airspace laws take precedence over state drone laws. If a state or local law directly conflicts with FAA regulations, the state or local law is likely to be invalidated. 



Definitions:

“Unmanned aircraft” – An aircraft, as defined in G.S. 63-1, that is operated without the possibility of human intervention from within or on the aircraft and that does not meet the definition of model aircraft.

“Unmanned aircraft system” – An unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.

 

“Model aircraft” – An aircraft, as defined in G.S. 63-1, that is mechanically driven or launched into flight and that meets all of the following requirements:

  1. Is flown solely for hobby or recreational purposes.
  2. Is not used for payment, consideration, gratuity, or benefit, directly or indirectly charged, demanded, received, or collected, by any person for the use of the aircraft or any photographic or video image produced by the aircraft.
 
 
 
Statutes/Bills:

Chapter 15A – Criminal Procedure

15A-300.1 Restrictions on use of UAS

General Prohibitions. – No person, entity, or State agency shall use an unmanned aircraft system to do any of the following:

Conduct surveillance of:

  1. A person or a dwelling occupied by a person and that dwelling’s curtilage without the person’s consent.
  2. Private real property without the consent of the owner, easement holder, or lessee of the property.

Photograph an individual, without the individual’s consent, for the purpose of publishing or otherwise publicly disseminating the photograph. This subdivision shall not apply to newsgathering, newsworthy events, or events or places to which the general public is invited.

 

Law Enforcement Exceptions. – The use of unmanned aircraft systems by law enforcement agencies of the State or a political subdivision of the State is not prohibited in the following instances:

  1. To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security or the Secretary of the North Carolina Department of Public Safety determines that credible intelligence indicates that such a risk exists.
  2. To conduct surveillance in an area that is within a law enforcement officer’s plain view when the officer is in a location the officer has a legal right to be.
  3. If the law enforcement agency first obtains a search warrant authorizing the use of an unmanned aircraft system.
  4. If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, to conduct pursuit of an escapee or suspect, or to facilitate the search for a missing person.
  5. To photograph gatherings to which the general public is invited on public or private land.
 
15A-300.2 Regulation of launch and recovery sites

1. No unmanned aircraft system may be launched or recovered from any State or private property without consent.

2. A unit of local government may adopt an ordinance to regulate the use of the local government's property for the launch or recovery of unmanned aircraft systems. (2014-100, s. 34.30(a).)

(This includes state parks - North Carolina administrative code 13B.1204 prohibits drones from ascending or taking-off within or upon any state park area or state park water surface. UAS may be operated after obtaining a special activity permit from the Park.)

 
15A-300.3 Use of an unmanned aircraft system near a confinement or correctional facility prohibited

Prohibition. – No person, entity, or State agency shall use an unmanned aircraft system within either a horizontal distance of 500 feet, or a vertical distance of 250 feet from any local confinement facility, as defined in G.S. 153A-217, or State or federal correctional facility.

Penalty. – The following penalties apply for violations of this section:

  1. A person who uses an unmanned aircraft system (i) in violation of subsection (a) of this section or (ii) pursuant to an exception in subsection (b) of this section and who delivers, or attempts to deliver, a weapon to a local confinement facility or State or federal correctional facility is guilty of a Class H felony, which shall include a fine of one thousand five hundred dollars ($1,500). For purposes of this subdivision, the term “weapon” is as defined in G.S. 14-401.24(c).
  2. A person who uses an unmanned aircraft system (i) in violation of subsection (a) of this section or (ii) pursuant to an exception in subsection (b) of this section and who delivers, or attempts to deliver, contraband to a local confinement facility or State or federal correctional facility is guilty of a Class I felony, which shall include a fine of one thousand dollars ($1,000). For purposes of this subdivision, the term “contraband” includes controlled substances, as defined in G.S. 90-87, cigarettes, alcohol, and communication devices, but does not include weapons.
  3. A person who uses an unmanned aircraft system in violation of subsection (a) of this section for any other purpose is guilty of a Class 1 misdemeanor, which shall include a fine of five hundred dollars ($500.00). 

Chapter 14 – Criminal Law

14-7.45 Crimes committed by use of UAS

All crimes committed by use of an unmanned aircraft system, as defined in G.S.15A- 300.1, while in flight over this State shall be governed by the laws of this State, and the question of whether the conduct by an unmanned aircraft system while in flight over this State constitutes a crime by the owner of the unmanned aircraft system shall be determined by the laws of this State.

 
14.280.3 Interference with manned aircraft by UAS

Class H felony to any person who willfully damages, disrupts the operation of, or otherwise interferes with a manned aircraft through use of an unmanned aircraft system, while the manned aircraft is taking off, landing, in flight, or otherwise in motion.

 
14.401.24 Unlawful possession and use of UAS (Weapon attached)

It shall be a Class E felony for any person to possess or use an unmanned aircraft or unmanned aircraft system that has a weapon attached.

It is a Class 1 misdemeanor to fish or to hunt using an unmanned aircraft system.

It is a Class A1 misdemeanor to publish or disseminate images taken through the use of infrared or other thermal imaging technology attached to an unmanned aircraft system revealing individuals, materials, or activities inside of a structure without the consent of the property owner.



14.401.25 Unlawful distribution of images
 

Chapter 113 – Conservation and Development

113-295 Unlawful harassment of persons taking wildlife resources

 

Chapter 63 – Aeronautics

This chapter does not apply to “model aircrafts.”

63-95 Training required for operations of UAS

§63-96 License required for commercial operation of UAS