Amended

April 14, 2026

 

H. 4679

 

Introduced by Reps. C. Mitchell, Cox, M. M. Smith, Wooten, Chapman, W. Newton, Herbkersman, Wickensimer, Guest, McCravy, Hartnett, Gilliard, Rivers and Williams

 

S. Printed 4/14/26--H.

Read the first time January 13, 2026

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA DRONE REGULATION AND PUBLIC SAFETY ACT" BY ADDING SECTION 55-1-110 SO AS TO ESTABLISH GUIDELINES FOR DRONE OPERATIONS, AND PENALTIES FOR UNLAWFUL DRONE USE.

    Amend Title To Conform

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "South Carolina Drone Regulation and Public Safety Act."

 

SECTION 2.  The General Assembly finds that the increased use of unmanned aircraft systems (UAS), commonly known as drones, presents both opportunities and challenges. While drones provide significant benefits in commerce, emergency response, and public safety, their misuse poses risks to privacy, critical infrastructure, and law enforcement operations. This act establishes clear guidelines for drone operation in South Carolina, ensuring compliance with federal regulations while addressing state-specific concerns. It sets forth enforceable restrictions, enhances penalties for unlawful drone use, and empowers law enforcement to take appropriate action against violators.

 

SECTION 3.  Chapter 1, Title 55 of the S.C. Code is amended by adding:

 

    Section 55-1-110.  (A) For purposes of this section:

       (1) "Unmanned aircraft system (UAS)" or "drone" refers to any aircraft, as defined by Federal Aviation Administration (FAA) regulations, or any unmanned aerial vehicle (UAV), operated remotely without a pilot onboard.

       (2) "Commercial drone operator" means any person operating, landing, or taking off a drone for business purposes in compliance with FAA regulations including, but not limited to, 14 CFR Part 107, or any successor statue regulation.

       (3) "Recreational drone operator" means any person operating, landing, or taking off a drone for personal use in accordance with FAA regulations and recreational guidelines including, but not limited to, 49 USC Section 44809 or any successor statue or regulation.

       (4) "Critical infrastructure" means one of the following, if completely enclosed by a fence or other physical barrier that is designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

           (a) a petroleum or alumina refinery, terminal, or storage facility;

           (b) an electrical power generating facility, substation, switching station, or electrical control center;

           (c) an above-ground oil, gas, or chemical pipeline;

           (d) a chemical, polymer, or rubber manufacturing facility;

           (e) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

           (f) a natural gas compressor station;

           (g) a liquid natural gas terminal or storage facility;

           (h) a wireless or wired communications facility, including the tower, antennas, support structures, and all associated ground-based equipment;

           (i) a seaport, inland port, railroad switching yard, trucking terminal, or other freight transportation facility, including such a facility not enclosed by a fence or other physical barrier, or not posted with a sign or signs stating that unauthorized entry into the facility's boundary is prohibited;

           (j) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

           (k) a transmission facility used by a federally licensed radio or television station;

           (l) a steelmaking facility that uses an electric arc furnace to make steel or other steel manufacturing facility;

           (m) a dam or other structures including, but not limited to, locks, floodgates, or dikes, that are designed to maintain or control the level of navigable waterways and are regulated by the South Carolina Department of Environmental Services; or

           (n) a data center certified by the Department of Commerce or any other state agency.

       (5) "Controlled airspace" refers to areas where drone operations are prohibited or require prior authorization, including FAA-designated UAS flight-restricted areas and certain state-designated locations.

       (6) "Large live event" means an organized, in-person event held at a venue or event site and attended by members of the public, whether ticketed or otherwise, including, but not limited to, a sporting event, concert, automobile race, festival, fair, performance, show, exhibition, tournament, rodeo, parade, or other organized public entertainment or cultural event, at which more than 15,000 people are in attendance.

       (7) "Military installation" means:

           (a) any state or federal military base, fort, camp, post, station, home port, depot, arsenal, training range, testing range, airfield, air station, shipyard, port facility, or other military facility of similar character, that:

               (i) is owned, operated, or otherwise controlled by the United States or this State;

               (ii) is used primarily for official military operations, training, testing, support, maintenance, or housing; and

               (iii) is subject to controlled access or security measures.

           (b) the term includes any facility described in subsection (A)(7)(a) which is under the jurisdiction or control of the United States Department of Defense or a Secretary of a military department, and facilities under the control of the South Carolina National Guard, the Adjutant General, the South Carolina State Guard, or any other component of the state militia;

           (c) the term also includes any United States military vessel or ship, including United States Navy vessels and United States Coast Guard cutters, while operating, transiting, or in port within United States territorial waters;

           (d) the term does not include a state or federally owned, operated, or otherwise controlled publicly accessible facility that is primarily used for military recruitment, outreach, administrative services, or other activities conducted in a commercial storefront, kiosk, leased office space, or other similar location or facility, that is not restricted for military operations or training;

       (8) "Operate" or "operating a drone" means to manipulate or control a drone in flight, including managing its flight path, altitude, or automated flight functions, whether directly or through an automated or preprogrammed system.

       (9) "Take off and landing site" means the location from which a drone is launched into flight or to which it is intentionally returned and recovered, including any temporary or mobile launch point used during an operation.

        (10) "Take off" means to initiate or cause the ascent of an unmanned aircraft or drone from ground or surface contact into flight, whether directly or through an automated or preprogrammed system.

        (11) "Land" means to intentionally cause or direct an unmanned aircraft or drone to descend from flight to ground or surface contact, whether directly or through an automated or preprogrammed system.

        (12) "Weaponize" means to equip, modify, or configure an unmanned aircraft system with any explosive, destructive device, firearm, hazardous substance, or any other item designed to cause and capable of causing death, bodily injury, or property damage.

        (13) "Emergency response site" means a location at which law enforcement, fire, emergency medical, emergency management, or other authorized governmental personnel are actively responding to an emergency, disaster, or public safety incident, including a fire, traffic accident, crime scene, hazardous-materials incident, flood, tornado, hurricane, ice storm, or other declared or actual weather-related emergency. The term also includes a location at which such personnel are conducting an authorized training exercise simulating such an event.

        (14) "Correctional facility" or "detention facility" means any federal, state, county, municipal, or multijurisdictional jail, prison, prison camp, overnight lockup, local detention facility, or state correctional facility in this State that is used to confine or detain persons charged with or convicted of any criminal offense or violation of a court order.

    (B) All drone operators in the State must comply with applicable FAA regulations and other applicable federal aviation requirements including, but not limited to:

       (1) registering drones when required;

       (2) operating under proper FAA UAS regulations;

       (3) passing the FAA Recreational UAS Safety Test (TRUST) for hobbyist operations when required; and

       (4) adhering to airspace restrictions including temporary flight restrictions and other flight restrictions issued by FAA action and obtaining necessary FAA authorizations or other approvals before operations in controlled airspace prohibited or restricted areas, or areas subject to temporary flight restrictions, and complying with the terms and limitations of any applicable Certificate of Waiver or Authorization, certificate of waiver, exemption, or other FAA authorization.

Nothing in this section shall supersede federal authority over airspace regulation.

    (C)(1) It is unlawful for a person to intentionally or knowingly operate, take off, or land a drone:

           (a) above or within any controlled airspace designated by the FAA unless the operation is conducted in compliance with all applicable FAA authorization requirements;

           (b) directly above or within one thousand five hundred feet horizontally from the outermost boundary of property the person knows to be critical infrastructure without prior express written consent of the owner of the critical infrastructure, or the person or entity lawfully in control of the critical infrastructure;

           (c) directly above or within one thousand five hundred feet horizontally from the outermost boundary of property the person knows to be a federal, State, county, or municipal correctional facility, unless expressly authorized or consented to in writing by the South Carolina Department of Corrections or governing authority of the federal, county, or municipal facility;

           (d) directly above or within one thousand five hundred feet horizontally from the outermost boundary of property the person knows to be a military installation without the prior express written consent of the Department of Defense or the commanding authority of the military installation;

           (e) above, or in close proximity to the horizontal boundary of private property in a manner that;

               (i) intentionally intrudes upon the reasonable expectation of privacy of the owner or lawful occupant of the property;

               (ii) substantially and unreasonably interferes with the use and enjoyment of the property; or

               (iii) creates a substantial risk of bodily injury or property damage;

       (f) directly above any event the person knows to be a large live event without the prior express written consent of the event organizer;

           (g) directly above or within one thousand feet horizontally from the outermost boundary of an area the person knows to be an emergency response site without prior express written consent of the controlling agency for the emergency response site, if the emergency response site is clearly marked or otherwise has an identifiable boundary of operations;

           (h) over or within one hundred feet of the Capitol Grounds as defined in Section 10-11-310 unless expressly authorized by the South Carolina Department of Public Safety; or

           (i) over the Governor's Mansion Complex unless expressly authorized by the South Carolina Department of Public Safety or the Governor. As used in this subsection, "Governor's Mansion Complex" means the area inward from the vehicular traveled surfaces of Calhoun, Lincoln, Laurel, and Gadsden streets in the City of Columbia.

       (2) It is unlawful for a person to intentionally or knowingly operate take off, or land a drone in this State that is required to be registered with the FAA but has not been properly registered. This includes operating a drone that is not in compliance with the requirements of subsection (B), and:

           (a) failing to display the required FAA registration number on the drone, if required;

           (b) knowingly providing false or misleading registration information to the FAA; and

           (c) knowingly operating an unregistered drone for commercial purposes or in controlled airspace without proper authorization.

       (3) It is unlawful for a person to intentionally or knowingly operate, take off, or land a drone with the intent to:

           (a) conduct surveillance, record, or photograph another person in a location where he has a reasonable expectation of privacy without consent and without any lawful authority, warrant, court order, or other authorization provided by law; or

           (b) stalk, harass, or intimidate another person.

       (4) It is unlawful for a person to intentionally or knowingly operate, take off, land, or possess a drone with the intent to:

           (a) transport or attempt to deliver contraband, including but not limited to, drugs, weapons, or other prohibited materials into any federal, state, county or municipal correctional or detention facility, or other area under the facility's authority; and

           (b) surveil, photograph, map, monitor, or otherwise collect visual, photographic, video, geospatial, thermal, or other sensory information regarding critical infrastructure, a military installation, a correctional or detention facility, an emergency response site, or any large event for the purposes of identifying vulnerabilities, security measures, ingress or egress routes, response patterns, or other operational features for any other unlawful purposes, including facilitating, planning, committing or attempting espionage, terrorism, sabotage, unlawful interference with operations., or any other criminal act; or

           (c) weaponize the drone or threaten, harm, or attempt to harm another person or property.

       (5) It is unlawful for a person to intentionally or knowingly:

           (a) obstruct, disable, or attempt to take control of a drone that a person knows to be operated by law enforcement, emergency responders, or another public safety official in the course of their duties;

           (b) use electronic jamming, hacking, or other means to disrupt the operation of a drone the person knows to be operating as a public safety drone; or

           (c) physically damage or destroy a drone the person knows to be engaged in lawful public safety operations.

       (6) A person who violates subsection (C)(1), (C)(2), or (C)(3) is guilty of a misdemeanor and, upon conviction:

           (a) for a first offense, must be fined not more than one thousand dollars, or imprisoned not more than thirty days;

           (b) for a second offense, must be fined not more than two thousand five hundred dollars, or imprisoned not more than six months, or both; or

           (c) for a third or subsequent offense, must be fined not more than five thousand dollars, or imprisoned not more than one year, or both.

       (7) A person who violates subsection (C)(4) or (C)(5) is guilty of a felony and, upon conviction:

           (a) for operating a drone in violation of subsection (C)(4)(a), or (C)(4)(b), must be fined not more than ten thousand dollars, imprisoned not more than five years, or both;

           (b) for a violation of subsection (C)(4)(c), must be fined not more than twenty-five thousand dollars, imprisoned not more than ten years, or both;

           (c) for violations of subsection (C)(5):

               (i) for a first offense, must be fined not more than ten thousand dollars, imprisoned not more than five years, or both;

               (ii) for a second or subsequent offense, must be fined not more than twenty-five thousand dollars, imprisoned not more than ten years, or both; or

               (iii) if the violations result in injury, loss of life, or significant disruption to emergency operations, must be fined not more than fifty thousand dollars, imprisoned not more than fifteen years, or both.

       (8) A violation of each subsection or provision of subsection (C) constitutes a separate offense. A violation of one subsection or provision of subsection (C) does not preclude prosecution or punishment for a violation of another subsection or provision of subsection (C), including violations arising from the same takeoff, landing, or operation.

    (D) (1) In addition to the penalties provided in this section, a UAS involved in a violation of this section may be seized and confiscated by the arresting law enforcement agency or officer. The UAS must not be disposed of until the results of any legal proceeding in which it may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Records must be maintained of all UASs seized pursuant to this section. Upon conviction for a violation of this section, the UAS may be retained by the arresting agency for official use, transferred to another public safety agency for official use, or destroyed, unless otherwise provided by law.

       (2)(a) Any UAS seized pursuant to this section must be administratively released to an innocent owner. The UAS must not be released until the results of any legal proceeding in which it may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq.

           (b) Before release, the innocent owner shall provide proof of ownership to the arresting agency; certify that the owner neither consented to nor had knowledge of the unlawful use of the UAS; and certify that the UAS will not be returned to the person charged with the violation that resulted in the seizure.

           (c) The arresting agency shall notify the innocent owner when the UAS is available for release. If the innocent owner fails to recover the UAS within thirty days after notification, the arresting agency may retain the UAS for official use, transfer it to another public safety agency for official use, or destroy it.

    (E) No municipality, county, or local government may enact ordinances that conflict with this section or FAA regulations. However, local governments may impose reasonable restrictions on the takeoff and landing sites and the operation of drones on or above public property within their jurisdictions that are not otherwise covered by this section.

    (F)(1) The provisions of this section do not apply to:

            (a) law enforcement, emergency responders, military personnel, or employees of any state, county, municipal, or local agency or department acting within the scope of their employment or official duties;

            (b) any utility provider, or their authorized agents engaged in activities related to operations, inspection, maintenance, construction, vegetation management, damage assessment, emergency storm response, or restoration of services, or monitoring, maintaining, repairing, or enhancing electric, communications, water conveyance, or transportation infrastructure, provided those operations comply with applicable FAA regulations; provided that the utility provider or their authorized agent notifies the authorizing authority identified in subsection (C)(1), or the authority's designee, no more than five days and no less than two hours prior to each operation, and must include the registration number the FAA issued for the UAS; or

            (c) state-approved research and agricultural drone operations with appropriate permits.

       (2) Subsection (C)(1)(b) does not apply to a commercial or recreational drone operator operating, landing, or taking off in compliance with applicable federal law. This exemption does not authorize such persons to operate, land, or take off, a drone directly above critical infrastructure unless the operation is conducted with the prior express written consent of the owner of the critical infrastructure, or the person or entity lawfully in control of the critical infrastructure, and does not apply if the operations is undertaken with the intent described in subsection (C)(4)(b).

 

SECTION 4.  Section 24-1-300 of the S.C. Code is repealed.

 

SECTION 5.  Section 24-5-175 of the S.C. Code is repealed.

 

SECTION 6.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 7.  This act takes effect on January 1, 2027.

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