Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 5 - VIRGINIA AVIATION BOARD › Chapter 20 - REGULATIONS GOVERNING THE LICENSING AND OPERATION OF AIRPORTS AND AIRCRAFT AND OBSTRUCTIONS TO AIRSPACE IN THE COMMONWEALTH OF VIRGINIA › Part VIII - Unmanned Aircraft › Section 24VAC5-20-420 - Political subdivision powers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any political subdivision may regulate the
				  take-off and landing of an unmanned aircraft on property owned by the political
				  subdivision, in a manner consistent with this part. All regulations of any
				  political subdivision, whether enacted by ordinance or resolution by a locality
				  or adopted by a political subdivision other than a locality, must comply with
				  this part of this chapter.
B. The
				  regulations may provide for times when take-offs and landings are
				  allowed.
C. The regulations may
				  designate specific properties of increased concern for public safety or risk to
				  natural resources where an operator seeking to use the property must show (i)
				  the purpose of the take-off and landing, (ii) what steps the operator will take
				  to limit risk to the public or to natural resources, and (iii) information to
				  demonstrate that the take-off and landing can be carried out without harm to
				  the identified public safety risk or natural resources. On such properties, the
				  regulation may deny permission to take-off or land unmanned aircraft, unless
				  the operator can demonstrate the safety of the take-off and landing, based on
				  the information provided.
Prior to designating any properties pursuant to this
					 subsection, the political subdivision must show the basis for the designation.
					 The designation must be based on a significant and specific risk to public
					 safety or to natural resources. Every area designated pursuant to this
					 subsection must include a map showing, with specificity, the area of prohibited
					 use. The map and any related documents must be provided in electronic,
					 computable, machine-readable, and transmissible form.
D. For unmanned aircraft with a takeoff
				  weight of 55 pounds or more, the regulations may require the operator to
				  provide information prior to any take-off or landing, demonstrating the safety
				  of the take-off and landing. This subsection is inapplicable to any licensed
				  airport or licensed UAS facility.
E. No political subdivision shall require a
				  permit for operators for take-off and landing unmanned aircraft in areas
				  designated for unmanned aircraft use. This subsection shall not apply to
				  unmanned aircraft covered by subsection C of this section.
F. No political subdivision shall regulate
				  the take-off and landing of unmanned aircraft with a ready-for-take-off weight
				  of less than 0.55 pounds, except on properties regulated pursuant to the
				  authority in subsection B of this section.
G. Any political subdivision may provide or
				  participate in offering UAS classes, competitions, and similar events on its
				  property.
Statutory Authority: §§
												5.1-2.2 and
						5.1-2.15 of the Code of
						Virginia.