Virginia HB 742: Unmanned aircraft; political subdivision may regulate take-off and landing of system, etc.

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2020 SESSION

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CHAPTER 345 

An Act to amend and reenact � 15.2-926.3 of the Code of 
Virginia, relating to local regulation of unmanned aircraft. 

[H 742] 

Approved March 12, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 15.2-926.3 of the Code of Virginia is amended and 
reenacted as follows:

� 15.2-926.3. Local regulation of certain aircraft.

A. No political subdivision may regulate the use of a 
privately owned, unmanned aircraft system as defined in � 19.2-60.1 within its 
boundaries. 

B. Notwithstanding the prohibition of subsection A, a 
political subdivision may, by ordinance or regulation, regulate the take-off 
and landing of an unmanned aircraft, as defined in � 19.2-60.1, on property 
owned by the political subdivision. Such ordinance or regulation shall be 
developed and authorized in accordance with the rules and regulations 
promulgated by the Department of Aviation (the Department). The political 
subdivision shall report to the Department any ordinance or regulation adopted 
pursuant to this section, and the Department shall publish and update annually 
on its website, and any other website the Department deems appropriate, a 
summary of any such ordinance or regulation adopted.

C. Nothing in this section shall permit a person to go 
or enter upon land owned by a political subdivision solely because he is in 
possession of an unmanned aircraft system if he would not otherwise be 
permitted entry upon such land.

D. Nothing in this section shall be construed to prohibit 
(i) the take-off or landing of an unmanned aircraft by a commercial operator in 
compliance with Federal Aviation Administration regulations, or as deemed 
reasonable or necessary by private or public entities for emergency or 
maintenance support functions or services, including the protection and 
maintenance of public or private critical infrastructure; (ii) the landing of 
an unmanned aircraft by an operator in compliance with Federal Aviation 
Administration regulations as deemed reasonable or necessary by the operator in 
the event of a technical malfunction of an unmanned aircraft system; (iii) the 
take-off or landing of an unmanned aircraft being operated by a sworn public 
safety officer in the performance of his duties; or (iv) the take-off or 
landing of an unmanned aircraft owned or operated by the United States 
government, or any operator under contract with any agency of the United States 
government, in performance of his assigned duties.

2. That the provisions of the first enactment of this bill 
shall become effective on January 1, 2021.

3. That by January 1, 2021, the Virginia Department of 
Aviation, in consultation with representatives of the unmanned aircraft system 
industry, small and medium-sized businesses utilizing unmanned aircraft 
systems, localities, and other stakeholders, shall develop rule