Drone Laws


Wisconsin State Law

Act 322 effective 04/17/18

114.04 Flying and landing, limitations. Subject to s. ss. 114.105 (3) and 175.55, and except as provided in ss. 114.045 and 942.10, flight of or in aircraft or spacecraft over the lands and waters of this state is lawful, unless at such a low altitude as to intentionallyinterfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft or spacecraft on the lands or waters of another, without the person’s consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 114.05.
 
114.105 (2) Any county, town, city or village A political subdivision may adopt any ordinance in strict conformity with the provisions of this chapter and impose the same penalty for violation of any of its provisions except that such an ordinance shall under this subsection may not provide for the suspension or revocation of pilot or aircraft licenses or certificates.
 
114.105 (3) A political subdivision may enact an ordinance limiting the use of drones by the political subdivision.
 
(4) (a) No local authority shall political subdivision may enact any ordinance governing aircraft or aeronautics or spacecraft or astronautics contrary to or inconsistent with the provisions of this chapter or federal law. 
 
114.105 (4) (b) Except as provided in sub. (3), no political subdivision may regulate the ownership or operation of a drone.

“Drone” defined

175.55 (1) (a) “Drone” means a powered, aerial vehicle that carries or is equipped with a device that, in analog, digital, or other form, gathers, records, or transmits a sound or image, that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.

941.292(2) Weaponized Drone Prohibited
Whoever operates any weaponized drone is guilty of a Class H felony.

114.045 Drone Flight Over Correctional Facilities Prohibited

 (1) No person may operate a drone, as defined in s. 114.105 (1) (a) [s. 941.292 (1)], over a correctional institution, as defined in s. 801.02 (7) (a) 1., including any grounds of the institution.

 (2) Any person who violates sub. (1) may be required to forfeit not more than $5,000.


942.10:
 (Privacy Protected) Whoever uses a drone, as defined in s. 175.55 (1) (a), with the intent to photograph, record, or otherwise observe another individual in a place or location where the individual has a reasonable expectation of privacy is guilty of Class A misdemeanor.

*This section does not apply to a law enforcement officer authorized to use a drone pursuant to s. 175.55 (2).

 



City of Green Bay “Drone Ordinance”

27.310 DRONE USE AT SPECIAL EVENTS.

(1) SPECIAL EVENT DEFINED. For purposes of this subsection, Special Event shall have the same meaning as defined under Green Bay Municipal Code 6.201(9).

(2) PROHIBITED. It shall be unlawful for any person or entity to fly or operate a drone as defined in Wis. Stat. 175.55(1)(a), below an altitude of 400 feet within the designated boundaries of a special event during the scheduled time of the event. This subsection shall not apply to authorized law enforcement agencies or operators having obtained approval from the event organizer or from the Federal Aviation Administration.

6.201 (9) Special Event Defined*

 An athletic event, ceremony, demonstration, exhibition, march, pageant, parade, procession, race, show or other similar display which interferes with the normal flow or regulation of traffic upon the streets, sidewalks, or rights-of-
way, or the normal use of parks or other public grounds.
 
*The City of Green Bay municipal code website appears out of date. The special event definition is listed under section 6.15 (1) (f).
 
A list of events can be obtained from the City of Green Bay Risk Management Dept. at 920-448-3125


Federal Regulations 

The FAA has jurisdiction over the National Airspace. Please refer to “Know Before You Fly” for FAA rules pertaining to drones.

Recreational users follow these guidelines: 91-57A

Commercial Drone Operation:  Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

How to Apply for a 333 Exemption:

 

Temporary Flight Restrictions (TFR)

All aircraft are subject to Temporary Flight Restrictions

–The vicinity of disaster/hazard areas

–For Presidential and VIP movement

–Operations in the proximity of Space Flight Operations

–In the vicinity of aerial demonstrations and major sporting events

  • Restrictions go into effect one hour before the event and end one hour after the event.
  • Extends to 3 nautical miles from the stadium center.
  • Extends from the surface to 3000 feet AGL.
  • Applies to any stadium having a seating capacity of 30,000 or more people where either a regular or post season Major League Baseball, National Football League, or NCAA Division One football game is occurring.
  • Also applies to NASCAR, Sprint Cup, INDY Car and Champ Series races excluding qualifying and per-race
  • events.

http://tfr.faa.gov/tfr2/list.html