When Pennsylvania lawmakers sat down to write the state's first drone statute, the case studies on the table were prison yards. Corrections officers had watched drones drop cell phones, tobacco, and suboxone strips into exercise areas at SCI Graterford and SCI Camp Hill. That image, plus a separate set of cases involving pilots filming through bedroom windows, is what pushed Act 78 of 2018 into law. It produced 18 Pa.C.S. § 3505, the statute every Pennsylvania pilot now lives under.
Pennsylvania drone rules sit in three layers: federal FAA rules, state law (§ 3505 plus a preemption clause at 53 Pa.C.S. § 305), and a narrow band of local rules that survived preemption by regulating the ground rather than the air.
What governs drone flight in Pennsylvania
Federal baseline: what applies everywhere
Pennsylvania state-level drone laws
18 Pa.C.S. § 3505 — the central drone statute
Act 78 of 2018 added 18 Pa.C.S. § 3505, "Unlawful Use of Unmanned Aircraft," to the Pennsylvania Crimes Code. Governor Wolf signed it on October 12, 2018. It defines three prohibited conducts.
1. Surveillance in a private place. Intentionally or knowingly surveilling another person in a private place is a summary offense, up to $300. "Private place" tracks the Title 18 definition: a home interior, a fenced back yard, a changing room.
2. Operating to place another in reasonable fear of bodily injury. Also a summary offense, up to $300. Covers buzzing a crowd, chasing a jogger, or hovering at eye level to menace.
3. Delivering contraband to an inmate. The scale diverges here. Contraband delivery by drone is a felony of the second degree, up to 10 years and $25,000, aimed squarely at the aerial supply lines into secure facilities that drove Act 78.
Act 78 preempted most local drone regulation
Act 78 also added a preemption clause at 53 Pa.C.S. § 305, barring counties, cities, boroughs, townships, and municipalities from regulating drone ownership or operation. Pennsylvania is the inverse of Ohio: where Ohio's ORC § 4561.52 gives local governments a green light for park-level drone rules, Act 78 slammed that door shut. Two carve-outs remain: Commonwealth agencies regulating their own land (DCNR, Game Commission, Turnpike), and cities regulating takeoff and landing from city-owned property as a use-of-property rule.
DCNR — state parks and state forests
The Department of Conservation and Natural Resources enforces a default ban on drones inside Pennsylvania's 124 state parks and 2.2 million acres of state forest, under DCNR regulations at 17 Pa. Code. Drones may not be launched, landed, or operated without a special activities agreement, except at six pre-authorized sites:
- Benjamin Rush State Park (Philadelphia) — the only dedicated drone site inside the City of Philadelphia.
- Beltzville State Park (Carbon County) — designated area; beaches and swim areas remain off-limits.
- Hillman State Park (Washington County) — designated flying area west of Pittsburgh; co-located with the K. Leroy Irvis RC Model Airport operated by the Greater Pittsburgh Aero RC Society.
- Lackawanna State Park (Lackawanna County).
- Prompton State Park (Wayne County) — designated area on the reservoir.
- Tuscarora State Park (Schuylkill County) — designated site adjacent to the lake.
Outside those six, DCNR special activities agreements are available case-by-case for commercial work, research, and filming (Part 107 and insurance required; 30 days lead time). Confirm the current list on the DCNR website before traveling. Presque Isle State Park on Lake Erie is Pennsylvania's most-visited state park but is not on the list; recreational flight there is prohibited absent a DCNR agreement.
Pennsylvania Game Commission — no drones for hunting or scouting
The Pennsylvania Game Commission, which manages 1.5 million acres of State Game Lands, prohibits using a drone to locate, drive, harass, or take any game or wildlife under 34 Pa.C.S. § 2308 and its implementing regulations at 58 Pa. Code Chapter 141. No drones to scout for deer, spot bear, find a turkey roost, or push birds toward a hunter. The Game Commission also interprets the rule to cover tracking or recovery of wounded or downed deer: PGC treats recovery as part of the act of hunting, and drone deer recovery is currently not legal in Pennsylvania. Pennsylvania hunters who have used drones to locate downed deer have been cited, with fines up to $2,500 and potential loss of hunting privileges. Senate Bill 303 in the 2025-2026 session would change this by carving out a recovery exception, but it has not been enacted. State Game Lands are also generally closed to recreational drone flight.
Pennsylvania Turnpike Commission
Launching, landing, or operating a drone from Turnpike property, service plazas, or shoulders requires written permission. Overflight of moving Turnpike traffic is already prohibited by federal Part 107 absent a waiver.
Privacy beyond § 3505 — Wiretap Act, peeping tom laws, and harassment
Because § 3505's surveillance provision is narrowly drawn around "private places," drone privacy conduct outside that narrow fact pattern is usually prosecuted under 18 Pa.C.S. § 7507.1 (invasion of privacy, the state's peeping tom law; third-degree misdemeanor first offense, second-degree on repeat) or 18 Pa.C.S. § 2709 (harassment).
The bigger trap is audio. Pennsylvania is a two-party consent state under the Wiretap Act (18 Pa.C.S. § 5703), and a violation is a third-degree felony (up to seven years, $15,000). A drone with its microphone left enabled that captures backyard conversation without consent can convert a summary § 3505(a) issue into a felony under § 5703. Disable drone audio unless every party on the ground has consented.
Penalties at a glance
| Violation | Classification | Ceiling |
|---|---|---|
| § 3505(a) surveillance in a private place | Summary | Up to $300 |
| § 3505(b) causing reasonable fear of bodily injury | Summary | Up to $300 |
| § 3505(c) contraband delivery to a correctional facility | Felony 2 | Up to 10 years / $25,000 |
| Wiretap Act § 5703 (drone audio without consent) | Felony 3 | Up to 7 years / $15,000 |
| Invasion of privacy § 7507.1 | M3 → M2 | Up to 1–2 years / $2,500–$5,000 |
| DCNR state-park flight without permission | Summary | Varies |
| Game Commission wildlife use | Summary + license impact | Varies |
Local ordinances that still matter in Pennsylvania
Because of Act 78's preemption, this section is shorter than in most other states. It is not empty.
Philadelphia Preempted, ground-use only
Philadelphia Code § 10-620 (2017) is widely considered preempted in its direct drone-operation provisions. No appellate decision has squarely ruled on it, and it has not been repealed, but the city has stopped enforcing it as a drone-operation rule. What the city still enforces is authority over city-owned ground: Fairmount Park, Rittenhouse Square, city-run recreation centers. Philadelphia Parks & Recreation requires a permit for commercial filming and treats drone launches as use of park property. Assume a default "no" inside Fairmount Park; use Benjamin Rush State Park as the designated alternative. Class B under PHL; LAANC required.
Pittsburgh Permit Required
The City of Pittsburgh's regional parks (Schenley, Frick, Riverview, Highland) require written permission from Pittsburgh Parks Conservancy for recreational flight. Allegheny County Parks (nine parks including North Park and South Park) handles drone requests through its Special Use permit process. Class B under PIT; LAANC required.
State College & Harrisburg Ground-Use Permits
Park-based permit requirements for takeoff and landing on city-owned property still apply; both cities lost drone-specific ordinance authority under Act 78.
The rule of thumb for drone laws in PA: no patchwork of city drone codes, but state agencies and landowners still control the ground.
Where to fly legally in Pennsylvania
Places to fly that do not require a permit application:
- The six DCNR-designated sites above (Benjamin Rush, Beltzville, Hillman, Lackawanna, Prompton, Tuscarora).
- AMA-recognized club fields at modelaircraft.org; dozens of PA chartered clubs welcome visiting pilots.
- Private property with the owner's written permission, outside critical-facility airspace and outside controlled-airspace rings unless LAANC is approved.
- FAA-Recognized Identification Areas (FRIAs), listed at faa.gov.
- The B4UFLY app before every flight for controlled airspace, active TFRs, and NSUFR exclusions.
Who enforces drone laws in Pennsylvania?
FAA for federal rules, with criminal referrals to the relevant U.S. Attorney's office. § 3505 charges are filed by county District Attorneys after investigation by the Pennsylvania State Police or municipal police. Contraband-delivery cases typically run jointly with the Department of Corrections. DCNR park rangers and Game Commission Wildlife Conservation Officers enforce their agency rules on state-managed land. Civil liability for property damage, injury, or privacy invasion runs in parallel.
Pre-flight checklist
- Drone registered with the FAA; number visible on the aircraft.
- Remote ID active (or inside a FRIA).
- Under 400 ft AGL, VLOS, daylight or civil twilight.
- Airspace checked; LAANC approved for Class B (PHL, PIT), Class C (MDT), or Class D.
- Part 107 current for commercial; TRUST certificate for recreational.
- Planned location checked against § 3505.
- State parks? DCNR agreement or one of the six designated sites.
- State Game Lands or hunting? Game Commission rules checked.
- City-owned ground? Permit for takeoff and landing.
- Property owner's permission at the launch site.
How USI helps you fly legally
Common questions about Pennsylvania drone laws
Do I need a license to fly a drone in Pennsylvania?
Commercial: FAA Part 107. Recreational: the free FAA TRUST certificate. Pennsylvania does not issue its own state drone license.
What is 18 Pa.C.S. § 3505?
Pennsylvania's "Unlawful Use of Unmanned Aircraft" statute, enacted by Act 78 of 2018. It prohibits surveillance of a person in a private place, operating a drone to place another in reasonable fear of bodily injury (both summary offenses), and delivering contraband to a correctional facility (second-degree felony).
Can I fly a drone in Pennsylvania state parks?
Only at one of the six DCNR-designated sites (Benjamin Rush, Beltzville, Hillman, Lackawanna, Prompton, Tuscarora) or with a special activities agreement. Flight elsewhere in state parks or state forests is prohibited.
Can I fly my drone in Philadelphia?
Class B airspace; LAANC required. On the ground, Philadelphia Parks & Recreation permits govern takeoff and landing from city-owned property; Fairmount Park generally does not allow recreational drone flight. Benjamin Rush State Park is the designated alternative.
Can I fly my drone in Pittsburgh?
Class B airspace; LAANC required. Pittsburgh Parks Conservancy and Allegheny County Parks require permits for takeoff and landing from park property.
Can I fly over private property in Pennsylvania?
The airspace is federal and Pennsylvania has no statute barring transient overflight, but § 3505 reaches surveillance and reasonable-fear conduct, and § 7507.1 and § 2709 reach loitering and harassment. Do not hover over neighbors; get landowner permission for takeoff and landing.
Can I fly a drone near Beaver Stadium, Lincoln Financial Field, or Acrisure Stadium?
Not during a covered event. Federal TFRs under 14 CFR § 99.7 cover a three-mile radius around stadiums seating 30,000+ during MLB, NFL, NCAA D-I football, and motor-sport events, one hour before through one hour after.
Is drone deer recovery legal in PA?
No. The Pennsylvania Game Commission reads 34 Pa.C.S. § 2308 and its hunting regulations in 58 Pa. Code Chapter 141 to prohibit using an unmanned aircraft to locate, track, or recover deer, including wounded or already-downed deer. PGC treats recovery as part of the act of hunting. At least one Pennsylvania pilot has been cited for attempting a drone recovery, with fines reaching $2,500 and possible hunting license suspension. Senate Bill 303 (2025-2026 session) would carve out a legal recovery exception but has not passed. Pennsylvania is therefore more restrictive than Michigan on this point.
Can I shoot a drone over my property in Pennsylvania?
No. A drone is an "aircraft" under 18 U.S.C. § 32, and discharging a firearm at one can be a federal felony. Pennsylvania adds reckless-endangerment and discharge-of-firearms exposure. The correct path is a call to local police and a § 3505 or § 7507.1 complaint.
What about the drone sightings over Pennsylvania in December 2024?
FAA, FBI, and DHS investigated the late-2024 NJ/PA sightings and concluded most were lawful manned aircraft, hobbyist drones, or misidentified celestial objects, with no credible national-security threat. Remote ID is what lets enforcement tell a legal flight from an unlawful one.
Did Act 78 really preempt Philadelphia's drone ordinance?
Act 78's clause at 53 Pa.C.S. § 305 bars municipalities from regulating drone ownership or operation. Philadelphia's 2017 § 10-620 is generally understood preempted in its direct drone-operation provisions; it remains in the online Philadelphia Code but is not enforced as a drone-operation rule.
Pennsylvania drone laws, especially the DCNR designated-site list and the status of legacy city ordinances, can change. We update these pages quarterly. Have a correction or question? Contact us .
Citations
Federal
Pennsylvania state
- 18 Pa.C.S. § 3505 (Unlawful Use of Unmanned Aircraft)
- 53 Pa.C.S. § 305 (Act 78 municipal preemption)
- Act 78 of 2018
- 18 Pa.C.S. § 1103 (sentencing for felonies)
- Pennsylvania DCNR state parks drone policy (17 Pa. Code, DCNR regulations)
- Pennsylvania Game Commission (34 Pa.C.S. § 2308; 58 Pa. Code § 141.68)
- Pennsylvania Turnpike Commission
- 18 Pa.C.S. § 5703 (Wiretap Act)
- 18 Pa.C.S. § 7507.1 (Invasion of Privacy)
Local
- Philadelphia Code § 10-620 (legacy, preemption question)
- Philadelphia Parks & Recreation permits
- Pittsburgh Parks Conservancy
- Allegheny County Parks