Arkansas Drone Laws (2026): State Rules, Local Ordinances & FAA

Prohibits knowingly using a drone to conduct surveillance of, gather evidence about, or photographically/electronically record critical infrastructure without prior written consent of the owner. Critical infrastructure includes electrical power systems, petroleum refineries, chemical/rubber manufacturing plants, petroleum/chemical storage, railroad facilities, communications towers, natural gas distribution/transmission lines and storage, food processing plants, and correctional/detention facilities. Carve-outs exist for operations on one's own property, insurance claim documentation, law enforcement official work, and government authorized work. Commercial drone flights in compliance with FAA Part 107 are exempt. Amended by Act 597 of 2025.

Created by Act 597 of 2025 (Arkansas Privacy Act, HB 1148). Makes it a Class C misdemeanor to purposely use a drone to capture an image of an individual or private property for the purpose of conducting surveillance on that person or property. Defenses include: (1) image was destroyed promptly without sharing; (2) image was lawfully captured under Ark. Code § 27-118-101 permitted uses; or (3) operator is a law enforcement officer acting in official capacity.

Created by Act 597 of 2025. Makes it an offense to knowingly possess, disclose, display, distribute, or otherwise use an image captured in violation of Ark. Code § 5-60-103(e). Each image constitutes a separate violation. Possession is a Class C misdemeanor; disclosure, display, distribution, or other use is a Class B misdemeanor. Defenses include prompt destruction of image or lawful capture under permitted uses.

Created by Act 597 of 2025. Provides a civil remedy allowing an owner or tenant whose person or property was captured by a drone in violation of Ark. Code § 5-60-103(e) (where they had a reasonable expectation of privacy) to sue for injunctive relief and statutory damages. Statutory damages are $5,000 for all images captured in a single episode, or $10,000 if the images were disclosed or distributed. If images were disclosed with malice, plaintiff may pursue actual damages in addition to statutory damages. Court awards court costs and attorney's fees to the prevailing party. Statute of limitations is 2 years from date of capture or distribution.

Created by Act 597 of 2025. Establishes 25 specific lawful uses for capturing images via drone that are exempt from Ark. Code § 5-60-103 privacy offense. Exempted uses include: agricultural and research use by universities and Game and Fish Commission; electric, natural-gas, and water utility inspection/maintenance; pipeline inspection; licensed real estate brokers marketing property (if no person is identifiable); Arkansas-licensed surveyors and engineers for mapping/GIS; insurance underwriting and claims documentation; emergency response; law enforcement operations under valid warrant or specified circumstances (pursuit, crime/accident scenes, missing persons, high-risk tactical operations, search/rescue, declared emergencies); images taken from no more than 8 feet above ground in public place without magnification.

Prohibits knowingly using an unmanned vehicle or aircraft (drone is named specifically) or concealed recording equipment to secretly record another person for the purpose of viewing any part of the body where the person has a reasonable expectation of privacy, without consent. Distribution or posting of such image, or prior voyeurism conviction, elevates to Class A misdemeanor.

Prohibits looking into a dwelling or a private place inside a public accommodation through the use of an unmanned vehicle or aircraft (drone is named specifically) for sexual gratification, without consent of the occupant.

Persons required to register as sex offenders under the Sex Offender Registration Act of 1997 (Ark. Code § 12-12-901 et seq.) and assessed as Level 3 or Level 4 offenders are prohibited from purchasing, owning, possessing, using, or operating an unmanned aircraft, except where operation is required as part of employment.

Arkansas Game and Fish Commission regulation prohibits hunting, driving, herding, or harassing wildlife from or with an aircraft. This rule applies to unmanned aircraft (drones). Violation applies even if the person never fires a shot at the animal.

Hunting is prohibited in any state or national park in Arkansas.

All unmanned aircraft system (drone) operations are banned in all Arkansas State Parks unless a Special Use Permit is obtained from the State Parks Director. To obtain a permit, drone operators must submit: (1) copy of FAA drone registration certificate; (2) proof of liability insurance; and (3) a completed Special Use Permit application. Permits are issued on a per-visit basis. Submit materials to parks.info@arkansas.gov.

Prohibits Arkansas state and local public entities from purchasing small unmanned aircraft systems manufactured or assembled by a 'covered foreign entity' (specifically targeting China and Russia). Requires public agencies to phase out existing foreign-made drones by May 1, 2027. This rule applies only to government agencies, not to private individuals or commercial operators. Does not restrict private pilots from flying DJI or other foreign-made drones.