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Following the rules and regulations set in place by the FAA is crucial when flying a drone, but so are educating yourself on the laws and regulations regarding drones in the state you are currently living in.

Learn All The Drone Rules & Regulations

This article will give a brief overview of the laws in your state, but we can’t keep cover all the minutae in only two thousand words. That’s why we highly recommend that you do some research on your own time and, ideally, enroll in a professional course if you’re actually looking to get certified. Though there’s lots of options for learning more about drone laws, we highly recommend the#1 Rated Professional Course: Drone Pilot Ground School. Get $50 Off as a Dronethusiast reader, just click the link and sign up. It’s a great way to learn about drone laws and piloting that’s cheaper than most of its competition, you can purchase it once and own it forever and they’re constantly updating their professional training.

Flying Over Maryland

Fortunately for all drone enthusiasts, Maryland has somewhat of a loophole when it comes to legally flying a drone! At this time of writing, there is only one state law in effect, which you can read more about further down.

To sum it up, however, the law reads that only the state is able to place to restrictions and bans on drone flying – so practically anything goes! Although, always remember to check the No Fly Zones!

The east coast beach and the beautiful homes that sit on the shoreline give you a great backdrop to show what your onboard camera, if applicable, is made of. Otherwise, it’s still a great area to get some flight time in!

The Ship Graveyard in Mallows Bay is another option you’ve got going for you. Be warned, however, you will need to call the local airport before you do so to make sure you have clearance to fly. Mallows Bay, specifically the Ship Graveyard area, is both an interesting and mysterious place to fly in.

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Point of Rocks is the perfect destination for drone users who like to have various environmental aspects when flying. There are canals, roads, railways, and much more to enjoy here, which are all pretty close together, by the way!

The Registering Process in Maryland

drone laws in maryland FAA

The Federal Aviation Administration (FAA) requires that all Small Unmanned Aircraft Systems (UAS) owners follow strict regulations and laws. You will need to file your name, home address and your email address as a start.

From there, you will receive a Certificate of Aircraft Registration and Proof of Ownership. These will include an identification number for your aircraft. You must have this number displayed on your drone at all times. The number will be valid for up to 3 years.

All aircraft that weighs more than 0.55 pounds, or 250 grams, and less than 55 pounds, or 25 kilograms, must be registered. This also includes any added payloads, such as an onboard camera.

You must be at least 13-years-old in order to register and, effective December 21st, 2015, all newly purchased or made drones must be registered before their first flight. You are able to register through a paper-based process, but you can also do so online by clicking here.

Proximity to Airports in Maryland

drone proximity to airports in maryland

As a general rule of thumb, and in accordance with the law from the FAA, you may not fly within a 5-mile radius of any airport. In 2012 the FAA enacted the Modernization and Reauthorization Act which requires hobbyist drone operators, meaning residential, to contact air traffic control and/or airport management if they are operating within a 5-mile radius of any local airport.

This is enacted nationwide, not only in Maryland, under Part 101 of the Act, being Special Rule for Model Aircraft, to ensure that drone operations under unsafe conditions are disapproved before the drone can be launched.

Regardless of the local airport you will be flying near, and possibly breaching airspace, you will need to contact either the airport air traffic control tower or the airport operator.

You will need to establish an agreed-upon operating procedure with airport air traffic or the airport operator and answer a couple of questions. For example, questions relating to how long you are going to be flying for.

Unique Drone Laws in Maryland

At this time of writing, all of the legal information listed below is deemed as accurate as possible and fully in effect.

Maryland Code of Economic Development §14–301

(a)

In this section the following words have the meanings indicated.

“Unmanned aircraft” means the flying portion of an unmanned aircraft system, flown by a pilot via a ground control system, or autonomously through use of an onboard computer, a communication link, and any additional equipment that is necessary for the unmanned aircraft to operate safely.

“Unmanned aircraft system” means an unmanned aircraft and all the associated support equipment, control stations, data links, telemetry, communications and navigation equipment, and other equipment necessary to operate the unmanned aircraft.

(b) Only the State may enact a law or take any other action to prohibit, restrict, or regulate the testing or operation of unmanned aircraft systems in the State.

(c) Subsection (b) of this section:

preempts the authority of a county or municipality to prohibit, restrict, or regulate the testing or operation of unmanned aircraft systems; and

supersedes any existing law or ordinance of a county or municipality that prohibits, restricts, or regulates the testing or operation of unmanned aircraft systems.

(d) This section does not affect federal preemption of State law.

Other Legal Issues With Drones in Maryland

At this time of writing, there are currently a number of bills in circulation within the state of Maryland surrounding drones.

FREE Part 107 Training Videos

Department of Legislative Services – SB 1105

Correctional Facilities – Unmanned Aircraft Systems – Proximity

This bill prohibits a person from flying an “unmanned aircraft system” (UAS) within 1,000 feet of a correctional facility. The prohibition does not apply when a UAS is used in accordance with a valid search warrant or in connection with an emergency response for safety, search and rescue, or a controlled dangerous substance investigation. A violator is guilty of a felony and subject to maximum penalties of imprisonment for four years and/or a $2,000 fine.

SB615/HB849 – Aerial Trespassing & Invasion of Privacy

Prohibiting a person from knowingly entering onto the land or into the airspace above the land of another person without permission or otherwise committing a trespass in order to capture a visual image, sound recording, or other physical impression of the other person engaging in a specified activity in a specified manner; prohibiting a person from violating the Act through the use of any device, regardless of whether there is a physical trespass, in specified circumstances; providing for a civil cause of action; etc.

 

FAQ on Maryland Law and Drones

If you do not see your question, or an answer to it, listed below, feel free to get in touch with us and we’ll gladly give you one.

Is a drone/UAS considered the same as a model aircraft?

The United States Congress has defined and concluded that a model aircraft is only considered a drone or a UAS when the following points are met:

– It’s flown for recreational purposes or as a hobby and not for any business or commercial reasons
– It’s flown within visible distance, meaning being able to see it at all times, of the individual operating it
– It’s capable of sustaining flight within the atmosphere, meaning that it can fly

If your model aircraft, regardless of whether or not you acquired it pre-built or built it yourself, meets the above points to your knowledge, it’s considered a drone/UAS.

What is the Small UAS Rule?

The Small UAS Rule requires those who have unmanned aircraft systems, or UAS, that weigh less than 55 pounds, payload included, to register their aircraft with the FAA. This only applies to recreational or hobby fliers and not commercial drone use, however.

Is the FAA’s Small UAS Rule still in effect?

Yes, it has been in effect from August 29th of 2016 and is still in effect at this time of writing.

Do I have to carry my Certificate of Aircraft Registration while flying my UAS at all times?

Yes, you must have the registration certificate from the FAA at all times during flight operation. In accordance with federal law, all UAS operators must show their certificate of registration to any local, state, or federal law enforcement officer when they are asked to do so.

 

sUAS Service Agreement

Drone Laws in Maryland

Knowing the laws, regulations, restrictions, etc., regarding drones in your state is extremely important. Remember to educate yourself, follow the rules, fly safely and responsibly, and have fun!

There are 10 comments:

  • Matt Scassero at 7:36 pm

    The state drone law is not a loophole…we wrote it that way on purpose! State recognizes Federal preemption of airspace, nobody below the state can regulate drones.

    • Robert DeLuca at 2:56 pm

      Is the recreation and parks service authorized to establish drone flying regulations at county parks. ( I am not referring to state parks ). Per the regulations as I read only the state can regulate drone flying and no one below state can establish drone flying regulations county gov. Is below state ……please clarify to aussie20736@yahoo.com.

  • Mark Truelove at 9:54 pm

    At the end you state “If your UAS weighs more than 55 pounds, including payload, you will need to register it by clicking here.”

    That is incorrect. That site is for registering UAS, and any aircraft weighing above 55 pounds is in a different category.

  • R.A. Olivieri at 8:53 pm

    In https://www.montgomeryparks.org/about/rules-and-regulations/ it states”No person shall possess, operate, fly, control, or launch any model aircraft, model helicopter, model rocket, powered projectile, drone, unpersonned aerial vehicle, or similar airborne device remotely from or above Park Property, except in a manner that is consistent with all applicable State and Federal laws and regulations and (1) as authorized by Permit, and only if conducted in a manner that is not hazardous to Commission personnel or the general public; or

    (2) as authorized expressly in designated areas, subject to applicable Park Directives, and only if conducted in a manner that is not hazardous to Commission personnel or the general public.”

    What type of permit they are referring and how a designated area can be find/identified?

  • Jovane yates at 12:27 am

    I bought a drone for my son and it’s about one pound should I registered it before he flies it. We are living in Maryland .we need to know ASAP thank you.

  • Jeff N. at 12:41 am

    I was flying my drone yesterday around the Maryland State House. I was told by a police officer that I could not fly there. I complied. I emailed the Maryland Capitol Police Chief, and he said they have a policy that drones can’t be flown around their property.

    What do you think?

  • Wendy at 12:22 pm

    What is my legal right or privacy … I own six acres farm . I have a drone that flys over my house and barn area almost every evening and hovers over my house and barn . My property is private and I don’t want it knowing my business. What can I do legally to stop them. I goes back to area of a housing development .

    • Mike at 5:03 pm

      I’m in the same boat. I have 20 acres, and a drone was just hovering over my house. They have NO business casing my property, or the deer population on my property. I need to find out what recourse I have…

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