Commercial drones are aircraft, and in the United States aircraft are regulated by the Federal Aviation Administration. Companies using drones for inspection, mapping, security, agriculture or delivery, and the businesses that hire drone service providers, need to understand which FAA framework applies to each operation. They also need to understand where state and local law still matters, and how recent national security actions affect which drones can be bought.

Part 107: The Default Framework for Small Drones

Most commercial drone flights in the United States are conducted under 14 C.F.R. Part 107, which applies to small unmanned aircraft weighing less than 55 pounds. Key requirements include:

  • Remote pilot certificate. The person in command must hold an FAA remote pilot certificate, obtained by passing a knowledge test, and must complete recurrent training.
  • Visual line of sight. The drone must remain within visual line of sight of the remote pilot or a visual observer, without binoculars or similar aids.
  • Altitude and airspace. Flights are generally limited to 400 feet above ground level (or within 400 feet of a structure). Operating in controlled airspace near airports requires FAA authorization, which is often available through the automated LAANC system.
  • Operations over people and at night. Rules adopted in 2021 permit night operations with anti-collision lighting and training, and permit operations over people for drones that meet specified categories.
  • Waivers. The FAA can waive certain Part 107 requirements, including the visual-line-of-sight requirement, if the operator shows the operation can be conducted safely.

Registration and Remote ID

Drones weighing more than 0.55 pounds (250 grams), and all drones flown under Part 107, must be registered with the FAA. Under 14 C.F.R. Part 89, most registered drones must also broadcast Remote ID, effectively an electronic license plate that broadcasts identification and location information during flight. This can be done through a standard Remote ID drone or a broadcast module, or by flying within an FAA-recognized identification area.

Delivery Operations: Part 135

Carrying property for compensation by drone is an air carrier operation. Drone delivery companies have generally obtained air carrier certificates under 14 C.F.R. Part 135, together with exemptions from rules written for crewed aircraft. Delivery approvals have also involved FAA environmental review, including assessment of noise. As delivery networks have grown, community concerns about noise, privacy and safety have grown with them.

Larger Drones

Drones weighing 55 pounds or more fall outside Part 107. They are typically operated under exemptions issued under 49 U.S.C. § 44807 or, for some operations, under type and airworthiness certification pathways.

Beyond Visual Line of Sight and Part 108

Routine beyond-visual-line-of-sight (BVLOS) operation is essential for delivery, linear infrastructure inspection and large-scale agriculture. Today, BVLOS flights generally require a Part 107 waiver, an exemption, a certificate of authorization or another FAA approval, granted case by case.

The FAA proposed a new 14 C.F.R. Part 108, “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations,” in August 2025. It would create a standardized framework for BVLOS operations at low altitude, based on operator permits and certificates, operational requirements and manufacturer consensus standards, rather than individual waivers. The FAA Reauthorization Act of 2024 and Executive Order 14307 both set deadlines for a final rule, and both passed without one. The FAA sent its final rule to the White House Office of Information and Regulatory Affairs for review on July 10, 2026. As of this writing, the final rule has not been published. Operators should expect the final rule to include an effective date and transition provisions for existing waivers and Part 135 BVLOS operations.

Which Drones Can Be Bought: The FCC Covered List

On December 22, 2025, the Federal Communications Commission added drones and drone critical components produced in foreign countries to its Covered List, which bars new models from receiving FCC equipment authorization. Previously authorized models can generally continue in use. This has major implications for fleet procurement and for drone service providers’ equipment plans. See our page on FCC equipment authorization and the Covered List.

State and Local Law

The FAA has authority over navigable airspace and aviation safety, and state and local laws that attempt to regulate flight operations directly are vulnerable to federal preemption. States and localities still play a significant role through laws on:

  • Privacy and surveillance, including restrictions on using drones to photograph people in private spaces;
  • Trespass and nuisance, including disputes over low-altitude overflight and noise;
  • Critical infrastructure, with many states restricting flights over facilities such as power plants and prisons;
  • Land use, including the siting of drone launch and landing facilities (“drone nests” or ports); and
  • Law enforcement and government use of drones.

Contract and Compliance Considerations

Businesses that hire drone service providers should confirm the provider’s FAA certifications, waivers and authorizations for the specific operation, require appropriate aviation liability insurance, address ownership and permitted use of collected imagery and data, comply with privacy laws for imagery that captures people, and allocate responsibility for property-owner permissions and community complaints. Drones and their components can also be subject to export controls.

This page provides general information, not legal advice. FAA rules for drone operations, including the pending Part 108, are changing; confirm current requirements before relying on them. Reading this page does not create an attorney-client relationship.