Pennsylvania Drone Laws

Prohibits three specific offenses: (1) intentionally or knowingly conducting surveillance of another person in a private place; (2) operating in a manner that places another in reasonable fear of bodily injury; (3) delivering, providing, transmitting, or furnishing contraband to an inmate in a correctional facility. Exceptions provided for law enforcement, Department of Corrections personnel, firefighters, emergency medical responders, utility employees, and government employees engaged in official duties. An exception also applies to aerial data collection conducted in compliance with FAA regulations.

Establishes that the provisions of 18 Pa.C.S. § 3505 preempt and supersede any ordinance, resolution, rule, or other enactment of a municipality regulating the ownership or operation of unmanned aircraft. As of October 12, 2018, municipalities cannot regulate UAS ownership or operation unless expressly authorized by statute. Exception: municipalities may regulate use of municipally-owned property (grounds, parks, facilities) and may use UAS for municipal purposes.

Department of Conservation and Natural Resources (DCNR) regulation prohibiting operation of unmanned aircraft within Pennsylvania's 121 state parks, 2.2 million acres of state forests, and state game lands unless specifically authorized by DCNR. Drones are permitted only at six designated state parks in designated flying areas: Benjamin Rush State Park (Philadelphia), Beltzville State Park (Carbon County), Hillman State Park (Washington County), Lackawanna State Park (Lackawanna County), Prompton State Park (Wayne County), and Tuscarora State Park (Schuylkill County). Commercial operations, research, and filming may be authorized via special activities agreement with 30 days lead time. Recreational flight is prohibited at all other state parks and all state game lands.

Pennsylvania Game Commission regulation (implemented through 58 Pa. Code Chapter 141) prohibiting the use of unmanned aircraft to locate, drive, harass, or take any game or wildlife. Prohibition applies to drone scouting, spotting, tracking, recovery of wounded or downed deer, and all other drone-assisted hunting activities. Regulations also restrict drone recovery of already-harvested game as part of the hunting act. Hunters who have used drones to locate downed deer have been cited with penalties up to $2,500 and potential loss of hunting privileges.

Pennsylvania's all-party consent wiretap statute criminalizes recording any oral communication without the consent of all parties to the conversation. When applied to drones, if the drone's microphone captures human conversation or communication without consent of all persons being recorded, the operator violates this statute. The offense applies even if audio recording is incidental or the primary purpose is video. DJI drones record audio by default and must be manually disabled in camera settings.

Pennsylvania's invasion of privacy statute (peeping tom law) prohibits observing an intimate area of another person without consent in a place where the person has a reasonable expectation of privacy. Applies to drone surveillance of bedrooms, bathrooms, changing rooms, and other private areas. Prosecution requires proof of intent to arouse or gratify sexual desire.

Pennsylvania's harassment statute can be applied to drone conduct that constitutes harassment of another person, including loitering, threatening, menacing, or other annoying behavior involving a drone that does not meet the specific conduct elements of the drone surveillance statute (§ 3505). Used as an alternative charge for drone-related harassment outside the narrow 'private place' definition in § 3505.

Pennsylvania Turnpike Commission requires written permission from the Commission for launching, landing, or operating a drone from Turnpike property, service plazas, or shoulders. Overflight of moving Turnpike traffic is prohibited by federal Part 107 absent a waiver, regardless of Turnpike Commission rules.

Philadelphia Parks & Recreation Permit Requirement

Philadelphia Parks & Recreation requires a permit for commercial filming using drones and treats drone launches as use of city-owned property. The city enforces permit requirements for takeoff and landing from all municipal facilities, parks, and recreation centers. Philadelphia Code § 10-620 drone-specific provisions are generally considered preempted by Act 78 in their operation-regulation aspects, but property-use rules remain enforced.

Pittsburgh Parks Conservancy and Allegheny County Parks Permit Requirements

Pittsburgh Parks Conservancy requires written permission for drone flight in city-operated regional parks. Allegheny County Parks requires Special Use permits for drone operations. These are property-use rules that survived Act 78 preemption.