Arkansas Commercial Drone Laws (Beyond the FAA)

Federal 14 CFR part 107 governs how commercial remote pilots operate a small unmanned aircraft in the national airspace. It does not erase Arkansas’s own rules on critical-infrastructure recording, image capture for surveillance, and downstream use of those images. For commercial operators on real estate, construction, energy, insurance, survey, or utility jobs in Arkansas, the controlling 2025 rewrite is Act 597 of 2025 (House Bill 1148), the Arkansas Privacy Act, approved April 14, 2025. The Act amends Arkansas Code § 5-60-103 and adds §§ 5-60-126, 16-118-119, and 27-118-101 (HB1148 bill detail; searchable BLR ACT597.pdf). This article is a statute explainer, not legal advice. Read the Act text before a job, and consult counsel when a flight sits near critical infrastructure, private property, or shared deliverables.

Part 107 is the federal floor; Act 597 is the state layer

A remote pilot certificate and Part 107 compliance remain the federal baseline. Remote identification still applies on Part 107 flights; see Remote ID on a Part 107 flight. Act 597 does not replace those federal requirements.

As amended by Act 597, § 5-60-103(a)(3)(B)(iv) states that “unmanned aircraft system” does not include an unmanned aircraft system “operated by a person for a commercial purpose pursuant to and in compliance with Federal Aviation Administration regulations, authorizations, or exemptions.” Section 27-118-101(a) uses the same definition by cross-reference. That carve-out is definitional for the Privacy Act framework—not a substitute for Part 107. Flights outside that commercial FAA-compliance language remain inside the statute’s “unmanned aircraft system” definition as written in Act 597.

§ 5-60-103(b)–(d): critical infrastructure

Under § 5-60-103(b), a person commits unlawful use related to critical infrastructure by knowingly using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure without the owner’s prior written consent.

Act 597’s § 5-60-103(a)(1) defines “critical infrastructure” to include electrical power generation or delivery systems; petroleum refineries; chemical or rubber manufacturing facilities; petroleum or chemical storage facilities; railroad operating facilities; communication towers or facilities and communications or broadband wireline facilities; food processing or manufacturing facilities; correctional or detention facilities; and natural gas distribution or transmission lines, facilities, or storage.

Subsection (c) lists nonprohibitions for subsection (b), including own-property recording under stated conditions (and a retained third person); insurance underwriting or damage investigation; law-enforcement official duties; and authorized Arkansas Department of Transportation, State Highway Commission, or city or county public-works work (including listed partners and contractors). Under § 5-60-103(d), the offense is a Class B misdemeanor, or a Class A misdemeanor for a second or subsequent offense. Act 597 states those class labels; it does not set dollar fine or jail-day caps in these sections.

§ 5-60-103(e)–(f) and § 5-60-126: images, possession, and use

Act 597’s § 5-60-103(a)(2) defines “image” broadly to include capture of sound waves, thermal, infrared, ultraviolet, or visible light, other electromagnetic waves, odor, or other conditions on or about real property or an individual on that property.

Under § 5-60-103(e)(1), a person commits unlawful use related to images by purposely using an unmanned aircraft system to capture an image of an individual or private property with the purpose to conduct surveillance on that individual or private property. Under § 5-60-103(f), that offense is a Class C misdemeanor. Defenses in § 5-60-103(e)(2) include destroying the image promptly without disclosure; capturing it lawfully under § 27-118-101; or capture by a law enforcement officer performing official duties.

New § 5-60-126 covers capture in violation of § 5-60-103 plus possession, disclosure, display, distribution, or other use of that image. Possession alone is a Class C misdemeanor; other listed conduct is a Class B misdemeanor (§ 5-60-126(b)). Each image is a separate offense (§ 5-60-126(c)). Defenses in § 5-60-126(d) track prompt destruction or stopping use, and lawful capture under § 27-118-101. The image offense is not every commercial photograph; the text ties liability to purpose to conduct surveillance, subject to the listed defenses and definitional carve-outs.

§ 27-118-101: lawful-use list (not a blanket commercial exemption)

New § 27-118-101(b) lists when it is lawful to capture an image using an unmanned aircraft system in Arkansas. A commercial flight fits only if it matches a listed path. Commercial-relevant examples in Act 597 include:

• Property consent — § 27-118-101(b)(6): consent of the individual who owns or lawfully occupies the real property captured in the image.
• Utility work — § 27-118-101(b)(5): by or for an electric, natural gas, or water and wastewater utility for listed operations, maintenance, inspection, vegetation clearance, and routing/siting.
• Arkansas-licensed real estate broker — § 27-118-101(b)(13): marketing, sale, or financing of real property, provided no individual is identifiable in the image.
• Public real property — § 27-118-101(b)(15): public real property or property of a state-supported institution of higher education, or a person on that property.
• Pipeline owner/operator inspection — § 27-118-101(b)(16): inspecting, maintaining, or repairing pipelines or related facilities, without intent to conduct surveillance on an individual or real property.
• Insurance underwriting / adjusting — § 27-118-101(b)(22): by an employee of an insurance company or affiliate regarding real property or a structure on it.
• Licensed engineer or surveyor — § 27-118-101(b)(23): mapping and land surveying, or collecting GIS data supporting public or private infrastructure.
• Critical-infrastructure owner/operator work — § 27-118-101(b)(24): by or on behalf of an owner or operator for siting, deploying, inspecting, monitoring, operating, or maintaining the facility.

If the job does not match a listed carve-out, do not invent one. Consent, a qualifying professional or utility role, or an owner/operator path are the usual doors—not a remote pilot certificate alone.

§ 16-118-119: civil action

Under new § 16-118-119(b), an owner or tenant of private real property may sue a person who, in violation of § 5-60-103, captured an image of the property or of the owner or tenant while on the property, with a reasonable expectation of privacy. Relief includes an injunction; civil damages of $5,000 for all images captured in a single episode in violation of § 5-60-103, or $10,000 for disclosure, display, distribution, or other use in a single episode in violation of § 5-60-126; or actual damages if disclosure, display, or distribution is with malice (§ 16-118-119(a)). The court awards costs and reasonable attorney’s fees to the prevailing party (§ 16-118-119(d)). The limitations period is two years from capture or from initial disclosure, display, distribution, or other use, as applicable (§ 16-118-119(e)). Those figures appear in the Act text itself.

Agricultural pesticide applications

Separate from the Privacy Act, the Arkansas Department of Agriculture Unmanned Aerial Systems page states that agricultural aerial applications by UAS must follow federal label requirements and applicable state laws and rules; that noncompliance may bring civil penalties of up to $25,000 per violation and possible license suspension or revocation; that an FAA UAS credential does not replace the Department pesticide license; and that a commercial applicator technician license cannot be used for drone applications.

Practical takeaway

Map the job to Act 597 before launch. Confirm whether the commercial FAA-compliance carve-out in § 5-60-103(a)(3)(B)(iv) applies as written. Near listed critical infrastructure, read § 5-60-103(b)–(d), including prior written owner consent where required. For imaging of individuals or private property, read § 5-60-103(e), § 5-60-126, and whether a § 27-118-101 path covers the capture. Remember the § 16-118-119 civil track. Keep written consent and FAA authorization records with the job file when those carve-outs matter. For pesticide application work, confirm Arkansas Department of Agriculture licensing in addition to Part 107.

Official sources: Act 597 of 2025 (PDF), HB1148 bill detail, BLR ACT597.pdf, 14 CFR part 107, and the Arkansas Department of Agriculture Unmanned Aerial Systems page. Confirm the current Act text before relying on any summary, including this one. This article is not legal advice.