Drone Laws in Pennsylvania: State Preemption, Philadelphia, Pittsburgh, and What Act 74 Actually Means

Pennsylvania is notable in drone law for Act 74 of 2016, a state statute that limits local municipalities from regulating drones. Pilots frequently cite it as meaning local drone ordinances in Pennsylvania are invalid. The reality is more nuanced -- the law does not eliminate local authority entirely, and Philadelphia and Pittsburgh present significant controlled airspace challenges regardless of local ordinance questions.

Federal Rules Apply Throughout Pennsylvania

FAA regulations govern all drone operations in Pennsylvania:

• Part 107 certificate required for commercial operations
• LAANC authorization required in Class B, C, D, and applicable Class E airspace
• 400 ft AGL altitude limit in uncontrolled airspace
• Anti-collision lighting required for night operations
• Remote ID required for all drones 250g and above

Check airspace classification and LAANC availability for any Pennsylvania location at uas-skycheck.app before flying.

Pennsylvania Act 74 of 2016: What It Actually Says

Act 74 (codified at 74 Pa. Cons. Stat. § 5102) is Pennsylvania's state drone preemption statute. It states that the regulation of unmanned aircraft systems is reserved exclusively to the state, and local municipalities may not enact ordinances regulating UAS operations.

What Act 74 does:

• Preempts local ordinances that regulate drone flight operations, altitude, and routes
• Prevents municipalities from creating drone-specific no-fly zones
• Consolidates UAS operational regulation at the state level rather than the municipal level

What Act 74 does not do:

• It does not preempt local rules about where drones may launch and land on municipal property -- cities can still require permits for operations in city parks, on city property, and at city-managed facilities
• It does not affect FAA airspace requirements, which remain federal
• It does not immunize operators from state privacy claims or nuisance law
• It does not prevent cities from requiring filming permits for commercial productions on public property

The key distinction is between regulating the flight itself (preempted by Act 74) and regulating access to land for launch and landing (not preempted). A Philadelphia park may still require a permit for commercial drone photography, even though the city cannot prohibit the flight itself.

Philadelphia International Airport (PHL)

Philadelphia International Airport has Class B airspace extending from the surface outward. The PHL Class B covers significant portions of Philadelphia and its immediate suburbs.

For drone pilots:

• Much of South Philadelphia, the Navy Yard area, and portions of Delaware County fall within PHL Class B
• LAANC is available at PHL
• UAS Facility Map ceilings near the airport and approach corridors are commonly 0-100 ft
• The Philadelphia Navy Yard, where commercial drone work is sometimes requested, is inside PHL Class B

Northeast Philadelphia Airport (PNE)

Northeast Philadelphia Airport has Class D airspace covering portions of Northeast Philadelphia and Montgomery County. LAANC is available. Tower hours: 0700-2300 local. Outside tower hours Class D reverts to Class E requirements.

Pittsburgh International Airport (PIT)

Pittsburgh International has Class B airspace extending from the surface outward in Allegheny County, Beaver County, and portions of Butler County.

• LAANC is available at PIT
• UAS Facility Map ceilings vary; cells near runways are often 0 ft
• The Pittsburgh downtown area (Downtown / Strip District / North Shore) falls under PIT Class B influence
• Allegheny County Airport (AGC) adds Class D airspace to the Pittsburgh metro east side

Philadelphia -- Fairmount Park and the Schuylkill

Fairmount Park, one of the largest urban park systems in the country, is managed by the Philadelphia Parks & Recreation Department. Commercial drone operations in Fairmount Park and all Philadelphia parks require a filming permit from Philadelphia Parks & Recreation. Recreational drone use is generally prohibited in Philadelphia parks without prior approval.

Despite Act 74 limiting flight-specific ordinances, Philadelphia can and does require permits for commercial use of park facilities -- the permit requirement is a land-use rule, not a flight restriction.

The Schuylkill River Trail and Kelly Drive area are popular for aerial photography of the Philadelphia skyline. Pilots should verify whether their planned launch point is within Philadelphia Parks jurisdiction and whether the airspace at that location is Class G or part of PHL Class B.

Pittsburgh -- The Three Rivers and Downtown

Pittsburgh's location at the confluence of the Allegheny, Monongahela, and Ohio rivers makes it visually distinctive for aerial work. The downtown core and stadium areas fall under PIT Class B coverage.

Heinz Field (Acrisure Stadium) and PNC Park trigger stadium TFRs during NFL and MLB games respectively. These TFRs are active from one hour before to one hour after scheduled event time. Verify no active stadium TFRs before flying anywhere near the North Shore.

City of Pittsburgh parks require coordination with the Department of Parks and Recreation for commercial filming. Pittsburgh has not enacted a blanket drone ordinance (Act 74 would preempt flight restrictions), but commercial use of city property still requires permits.

Pennsylvania State Parks and DCNR Lands

The Pennsylvania Department of Conservation and Natural Resources (DCNR) manages 121 state parks and 20 state forests. DCNR prohibits drone takeoff and landing from state park and state forest land without a Special Use Authorization. This covers both recreational and commercial operators.

Some DCNR parks have scenic appeal for aerial photography -- Delaware Water Gap National Recreation Area (jointly managed by NPS), Ricketts Glen State Park (known for waterfalls), and Ohiopyle State Park (whitewater corridor). None allow drone operations without permits.

Delaware Water Gap National Recreation Area: Jointly administered by NPS and NJ/PA with the NPS managing the PA side. NPS no-drone policies apply within the recreation area boundaries.

Pennsylvania Privacy Law

Pennsylvania does not have a drone-specific privacy statute comparable to California's Civil Code 1708.8. State common law privacy protections (intrusion upon seclusion, appropriation of likeness) apply to drone operations that capture individuals in private settings.

Pennsylvania wiretapping law (18 Pa. Cons. Stat. § 5703) is broad and criminalizes the interception of oral communications without all-party consent. This applies to audio recording, not video. Commercial photographers using drones with onboard microphones that capture private conversations should be aware of this constraint.

Rural Pennsylvania

Central and rural Pennsylvania -- the Pocono Mountains, Laurel Highlands, Pennsylvania Dutch Country, the Susquehanna Valley -- is predominantly Class G airspace away from regional airports. This makes it a more accessible environment for drone mapping, inspection, and agricultural operations.

Regional airports with Class D airspace in rural Pennsylvania:

• Harrisburg International (MDT) -- Class C
• Lehigh Valley International (ABE) -- Class C
• Wilkes-Barre/Scranton International (AVP) -- Class D
• Erie International (ERI) -- Class D

Practical Summary for Pennsylvania Drone Pilots

Pennsylvania's Act 74 is meaningful -- it means a borough cannot simply ban drones over its streets. But pilots who cite Act 74 as a reason to skip the permit process for commercial park filming are misreading the law. The preemption is about flight operations, not land access.

Run a complete preflight check for your Pennsylvania location at uas-skycheck.app. The check covers PHL/PIT Class B, active TFRs, restricted zones, and weather. Free, no account required.