Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 21 - UNCREWED AIRCRAFT SYSTEMS' RIGHTS AND AUTHORITIES ACT (§§ 61-21-1 — 61-21-11) › Section 61-21-9 - Regulatory authority

(1)
The state, through a duly adopted and enforceable agency-issued rule or regulation or other grant of authority, may:
(a)
Provide for the operation of an uncrewed aircraft system by or on behalf of the state or that is owned by the state; and
(b)
Provide for or prohibit:
(i)
The launch of an uncrewed aircraft from property owned by the state;
(ii)
The intentional landing of an uncrewed aircraft onto property owned by the state; or
(iii)
The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the state.
(2)
(a)
Except as otherwise expressly provided in this section, a political subdivision may not enact or enforce an ordinance that relates to the:
(i)
Ownership, operation, design, manufacture, testing, maintenance, licensing, registration, or certification of an uncrewed aircraft system, including, but not limited to, airspace, altitude, flight paths, or equipment requirements; or
(ii)
Qualifications, training, or certification of a pilot, operator, or observer of an uncrewed aircraft system.
(b)
This subsection does not limit the authority of a political subdivision to:
(i)
Adopt an ordinance that enforces Federal Aviation Administration restrictions;
(ii)
Adopt or enforce an ordinance that relates to the operation of an uncrewed aircraft system:
1.
By or on behalf of such political subdivision; or
2.
That is owned by such political subdivision;
(iii)
Adopt or enforce generally applicable ordinances that relate to nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts arising from the use of uncrewed aircraft systems, so long as such ordinances are not specifically related to the use of an uncrewed aircraft system for those illegal acts; or
(iv)
Adopt or enforce an ordinance that regulates:
1.
The launch of an uncrewed aircraft from property owned by the political subdivision;
2.
The intentional landing of an uncrewed aircraft onto property owned by the political subdivision; or
3.
The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the political subdivision.
(3)
Nothing in this section shall be construed to prohibit:
(a)
The take-off or landing of an uncrewed aircraft as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure, including broadband infrastructure;
(b)
The landing of an uncrewed aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an uncrewed aircraft system;
(c)
The take-off or landing of an uncrewed aircraft being operated by a sworn public safety officer in the performance of his duties; or
(d)
The take-off or landing of an uncrewed aircraft owned or operated by the United States government, or any operator under contract with any agency of the United States government, in performance of his assigned duties.
Added by Laws, 2023, ch. 306, SB 2146,§ 5, eff. 7/1/2023.