Drone Laws in Oregon

Summary of Drone Laws in Oregon

Agencies Responsible for regulating drones in the State of Oregon

Drone Regulator in the USA: Federal Aviation Administration (FAA)

Contact Information

If you need additional details we have not covered or specific case assistance, you can contact the FAA directly at:

• Address: 800 Independence Avenue, SW, Washington, DC 20591
• Phone: 844-FLY-MY-UA (+1 844-359-6982) (Some users have indicated that this number tells you to use the email below and hangs up)
• Email: UAShelp@faa.gov

Please continue reading for more details on USA Drone Laws.

Link To: Oregon Aviation Regulations Chapter 738

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UAS Laws – General rules for flying drones in Oregon

Drone operation in the State of Oregon is broadly governed by The Federal USA agency responsible for drone safety, the FAA. Click here for details on FAA USA Drone Laws.

In addition, the Oregon legislature has enacted several supplemental rules specific to Oregon drone operations. The highlights are enumerated below. For more details, click on the links above.

Are drones allowed in Oregon?

Drones are allowed in Oregon for recreational and commercial use, subject to FAA regulations and flight controls established by local governments. Read on for details.

Specific additional drone use laws by the Oregon State legislature

837.310​ ​Restrictions; exceptions.
Except as otherwise provided in ORS 837.310 to 837.345, a law enforcement agency may not operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system.

Oregon law enforcement may only use a drone under one or more of the following circumstances: they obtain a written warrant that specifies the period of use of the drone, which cannot exceed 30 days; they reasonably believe that exigent circumstances exist in the commitment of a crime making it unreasonable to wait for a warrant, they have written consent from the individual whose property is being searched, they are using the drone solely for training purposes, or if they intend to use the drone to conduct search and rescue operations during a time of emergency.

837.320​ ​Authorized use upon issuance of a warrant; exigent circumstances.
A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system if:

• A warrant is issued authorizing the use of an unmanned aircraft system or
• The law enforcement agency has probable cause to believe that a person has committed a crime, is committing a crime, or is about to commit a crime, and exigent circumstances exist that make it unreasonable for the law enforcement agency to obtain a warrant authorizing the use of an unmanned aircraft system.

A warrant authorizing the use of an unmanned aircraft system must specify the period for which the operation of the unmanned aircraft system is authorized. In no event may a warrant provide for the operation of an unmanned aircraft system for a period of more than 30 days. Upon motion and good cause shown, a court may renew a warrant after the expiration of the 30-day period. [2013 c.686 §3; 2015 c.315 §3]

837.330​ Written consent.
A law enforcement agency may operate an unmanned aircraft system to acquire information about an individual or the individual’s property if the individual has given written consent to use an unmanned aircraft system for those purposes. [2013 c.686 §4; 2015 c.315 §4]

837.335​ Search and rescue; use in emergencies.
A law enforcement agency may operate an unmanned aircraft system for the purpose of search and rescue activities, assisting an individual in an emergency, and during a state of emergency that is declared by the Governor.

837.340​ Criminal investigations.
A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system for the purpose of reconstruction of a specific crime scene or accident scene, or similar physical assessment, related to a specific criminal investigation.

837.345​ Training.
A law enforcement agency may operate an unmanned aircraft system for training purposes.

837.360​ Restrictions; civil penalties; registration; fees; rules.

1. A public body may not operate an unmanned aircraft system in the airspace over this state without registering the unmanned aircraft system with the Oregon Department of Aviation.
2. The Oregon Department of Aviation may impose a civil penalty of up to $10,000 against a public body that violates subsection (1) of this section.
3. Evidence obtained by a public body through the use of an unmanned aircraft system in violation of subsection (1) of this section is not admissible in any judicial or administrative proceeding and may not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.
4. The Oregon Department of Aviation shall establish a registry of unmanned aircraft systems operated by public bodies and may charge a fee sufficient to reimburse the department for the maintenance of the registry.
5. The Oregon Department of Aviation shall require the following information for registration of an unmanned aircraft system:
   • The name of the public body that owns or operates the unmanned aircraft system.
   • The name and contact information of the individuals who operate the unmanned aircraft system.
   • Identifying information for the unmanned aircraft system as required by the department by rule.

6. A public body that registers one or more unmanned aircraft systems under this sectionshall provide an annual report to the Oregon Department of Aviation that:
   (a) Summarizes the frequency of use of the unmanned aircraft systems by the public body during the preceding calendar year;
   (b) Summarizes the purposes for which the unmanned aircraft systems have been used by the public body during the preceding calendar year; and
   (c) Indicates how the public can access the policies and procedures established under section 7 of this 2016 Act.
7. The State Aviation Board may adopt all rules necessary for the registration of unmanned aircraft systems in Oregon that are consistent with federal laws and regulations.
   Section 9 of HB4066 said:
   1. Section 7 of this 2016 Act and the amendments to ORS 837.360 by section 8 of this 2016 Act become operative on January 1, 2017.
   2. A public body may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the public body to exercise, on and after the operative date specified in subsection (1) of this section, all the duties, functions and powers conferred on the public body by section 7 of this 2016 Act and the amendments to ORS 837.360 by section 8 of this 2016 Act.

837.365​ Weaponized unmanned aircraft systems​.
A person may not intentionally, knowingly or recklessly operate or cause to be operated an unmanned aircraft system that is capable of firing a bullet or projectile or otherwise operate or cause to be operated an unmanned aircraft system in a manner that causes the system to function as a dangerous weapon as defined in ORS 161.015

Violations are either a class B or C felony depending on whether the action resulted in the drone causing physical injury to another person.

The rule does not apply if:

1. The person uses the unmanned aircraft system to release, discharge, propel, or eject a nonlethal projectile for purposes other than to injure or kill persons or animals;
2. The person uses the unmanned aircraft system for nonrecreational purposes in compliance with specific authorization from the Federal Aviation Administration;
3. The person notifies the Oregon Department of Aviation, the Oregon State Police, and any other agency that issues a permit or license for the activity requiring the use of the unmanned aircraft system at the time and location at which the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile at least five days before the person uses the system;
4. If the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling, or ejecting a projectile in an area open to the public, the person provides reasonable notice to the public of the time and location at which the person intends to use the unmanned aircraft system; and
5. The person maintains a liability insurance policy in an amount not less than $1 million that covers injury resulting from use of the unmanned aircraft system.

837.370​ Operation over privately owned premises.
Except for the use of an unmanned aircraft system by a law enforcement agency, a person may not operate an unmanned aircraft system over the boundaries of privately owned premises in a manner so as to intentionally, knowingly or recklessly harass or annoy the owner or occupant of the privately owned premises.

837.372​ Operation over critical infrastructure facility.
Except for the federal government, or critical infrastructure owner, or people who are given specific permission, a person commits a Class A violation if the person intentionally or knowingly: Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or Allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

837.375​ Interference with an unmanned aircraft system; unauthorized control.
In addition to any other remedies allowed by law, a person who intentionally interferes with, or gains unauthorized control over, an unmanned aircraft system licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 352.313, an agency of the United States or a federal, state or local law enforcement agency, is liable to the owner of the unmanned aircraft system in an amount of not less than $5,000. The court shall award reasonable attorney fees to a prevailing plaintiff in an action under this section.

837.380​ Owners of real property; Attorney General.
Oregon statutes forbid any person from flying a drone over another’s property multiple times, as long as the drone has been flown over the property at least once and the property owner notified the drone operator or owner that they did not want the drone flown over the property. However, the property owner has no cause of action if the drone is taking off or landing, or is lawfully in the flight path of an airport or runway. If the property owner brings a cause of action and prevails, they may recover treble damages and attorneys’ fees.

837.385​ Preemption of local laws regulating unmanned aircraft systems.
Except as expressly authorized by state statute, the authority to regulate the ownership or operation of unmanned aircraft systems is vested solely in the Legislative Assembly. Except as expressly authorized by state statute, a local government, as defined ORS 174.116, may not enact an ordinance or resolution that regulates the ownership or operation of unmanned aircraft systems or otherwise engage in the regulation of the ownership or operation of unmanned aircraft systems.

837.995​ Crimes involving unmanned aircraft systems; penalties.

1. A person commits a Class A felony if the person possesses or controls an unmanned aircraft system and intentionally causes, or attempts to cause, the unmanned aircraft system to:
   • Fire a bullet or other projectile at an aircraft while the aircraft is in the air;
   • Direct a laser at an aircraft while the aircraft is in the air; or
   • Crash into an aircraft while the aircraft is in the air.
2. A person who intentionally interferes with, or gains unauthorized control over, an unmanned aircraft system licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 352.313, an agency of the United States or a federal, state or local law enforcement agency, commits a Class C felony.

HB 4066​ Critical Infrastructure Facility

“​Critical infrastructure facility​” means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden:

• A petroleum or alumina refinery;
• An electrical power generating facility, substation, switching station or electrical control center;
• A chemical, polymer or rubber manufacturing facility;
• A water intake structure, water treatment facility, wastewater treatment plant or pump station;
• A natural gas compressor station;
• A liquid natural gas terminal or storage facility;
• A telecommunications central switching office;
• A port, railroad switching yard, trucking terminal, or other freight transportation facility; A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;
• A transmission facility used by a federally licensed radio or television station;
• A steelmaking facility that uses an electric arc furnace to make steel;
• A dam that is classified as a high hazard by the Water Resources Department;
• Any portion of an aboveground oil, gas, or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or
• A correctional facility or law enforcement facility.

A person commits a Class A violation if the person intentionally or knowingly:

1. Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level or
2. Allows an unmanned aircraft system to contact a critical infrastructure facility, including any person or object on the premises of or within the facility.

Violations do not apply to:

1. The federal government.
2. A public body.
3. A law enforcement agency.
4. A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body, or a law enforcement agency.
5. An owner or operator of the critical infrastructure facility.
6. A person with the prior written consent of the owner or operator of the critical infrastructure facility.
7. The owner or occupant of the property on which the critical infrastructure facility is located.
8. A person with the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.
9. A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.

498.128​ ​Use of drones for the pursuit of wildlife prohibited
The State Fish and Wildlife Commission shall adopt rules prohibiting the use of drones for the following purposes related to the pursuit of wildlife:

1. Angling;
2. Hunting;
3. Trapping;
4. Aiding angling, hunting, or trapping through the use of drones to harass, track, locate or scout wildlife; and
5. Interfering in the acts of a person who is lawfully angling, hunting or trapping.

Specific additional UAV laws by local governments within Oregon State

City of Portland | Municipal Law (2007)

Drone and UAV pilots are prohibited from operating in or over any of the city’s parks outside areas designated for recreational flying by the Director.

UAS operation rules in Parks, Recreation, and Cultural Preserves

Oregon Metro Parks | Park Rules (2016)

This 2016 park ordinance banns all drone usage within the set boundaries of Oregon Metro Parks outside officially designated areas. These restrictions also prohibit flying drones under 400ft in the airspace above parklands and water.

Specific additional laws in Jurisdictions within Oregon

Many cities or towns within the state of Oregon may have specific restrictions within their jurisdictions. We recommend checking the local jurisdiction for the latest regulations.

What you must know about Oregon No Fly Zones or No Drone Zones

You need to know if you can operate your drone. Under what limitations? Will you need flight authorizations? And, if so, how do you get those authorizations?

We encourage you to read our explainer. It provides more details here: Explainer – What You Must Know About No Fly Zones or No Drone Zones

How do I check for no-fly zones, no-drone zones, and uncontrolled or controlled airspace in Oregon?

The FAA has partnered with several partners to develop B4UFLY mobile apps. Theses app can tell you if there are any airspace restrictions where you want to fly.

If you are looking for a drone no-fly zone map, then B4UFLY is a good place to start.

The app provides situational awareness to recreational flyers and other drone users. You will need airspace authorizations to fly in controlled airspace. This app does not allow you to get airspace authorizations. Authorizations are available through the FAA’s Low Altitude Authorization and Notification Capability (LAANC).

The B4UFLY app is available to download for free:

B4UFLY Desktop and Mobile Applications

Approved Service  Provider (click on name to go to website)	App on iOS	App on Android	Desktop
Airspace Link	Yes	Yes	Yes
AutoPylot	Yes	Yes
Avision	Yes	Yes	Yes
UASidekick	Yes	Yes	Yes

How do I get authorization to fly in controlled airspace in Oregon?

The FAA runs Low Altitude Authorization and Notification Capability (LAANC). It is the only way to get permission to fly in controlled airspace.

LAANC is available to drone pilots. It applies if you are operating under the Small UAS Rule Part 107. And it applies if you are operating under the exception for Recreational Flyers.

You can get access through one of the FAA-approved LAANC UAS Service Suppliers. Some providers have apps that can be used to apply for approval in near-real time.

The companies above (with B4UFLY capabilities) are also FAA-approved UAS Service Suppliers of the Low Altitude Authorization and Notification Capability.

There are two ways to use LAANC:

• Submit a near real-time authorization request for operations. Applies to flights under 400 feet in controlled airspace around airports. This is available to Part 107 Pilots and Recreational Flyers.
• Submit a “further coordination request.” This applies if you need to fly above the designated altitude ceiling in a UAS Facility Map, up to 400 feet.
• You can apply up to 90 days before a flight. The approval is coordinated manually through the FAA. This is available to Part 107 pilots only.

LAANC is available at 726 airports. Use the manual process to apply for authorizations for airports not offering LAANC.

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Notes for recreational drone pilots flying for fun in Oregon

If you have a small drone of less than 55 pounds, you can fly recreationally by following Drone Laws in the USA defined by 49 USC 44809.

In Oregon, recreational UAS operations (i.e., flying for recreational purposes) are approved under law, specifically 49 USC 44809. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

Following these rules will keep you and your drone safe. And that helps keep the airspace available to everyone.

All recreational flyers must pass an aeronautical knowledge and safety test. The Recreational UAS Safety Test (TRUST) meets this rule. If law enforcement or FAA personnel ask, you must provide proof of passage. 

TRUST provides education and testing on important safety and regulatory information. If you fly your drone recreationally under the Exception for Recreational Flyers, you must pass the test before you fly. 

Note: If your drone weighs more than .55 pounds (lbs), you must register your drone through the FAA’s Drone Zone.

For a complete discussion on drone registration, see our Drone Registration Explainer.

To fly your drone as a recreational flyer, it’s as easy as 1-2-3

1. Understand recreational flying requirements.
   • Note: Non-recreational drone use is when you fly drones for business or to help out, not just for fun. For example, real estate agents may use drones to photograph houses they sell. Roof inspectors might use drones to get a closer look at roofs. A high school might have someone fly a drone to record football games and post videos on their website. Doing volunteer work with drones also counts as non-recreational use. So, non-recreational drone use is any time you operate a drone for useful work. Or help others out. It is when you are not just doing it to enjoy flying it for hobby or sport. If you’re unsure which rules apply to your flight, fly under Part 107 (See below).
   • Visit the Recreational Flyers page to learn about the rules for recreational flyers.
   • Download the FAA’s B4UFLY mobile app for more recreational drone flying resources.
2. Take TRUST
   • You may take the free online test through any FAA-approved test administrators.
   • All FAA-approved TRUST test administrators offer the test free.
   • All test questions are correctable to 100% before issuing your completion certificate.
   • After completing TRUST, you must download, save, or print your completion certificate.
   • If you lose your certificate, you will need to retake TRUST.
   • View a list of TRUST Test Administrators
3. Receive your certificate
   • After you pass the test, you will receive a certificate. The test administrator you selected gives you your certificate.
   • Test administrators will not keep a record of your certificate. If law enforcement officers ask, you must present a copy of your certificate.

General Rules for Recreational Flyers

USC44809 is the Exception for Limited Recreational Operations of Unmanned Aircraft. The law describes how, when, and where you can fly drones for recreational purposes. Following these rules helps keep people, your drone, and our airspace safe:

1. Fly only for recreational purposes (personal enjoyment).
2. Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO). Read Advisory Circular 91-57C. It provides more information on how to become an FAA-recognized CBO, 
3. Keep your drone within the visual line of sight. Or use a visual observer who is physically next to you and directly communicating with you.
4. Give way to and do not interfere with other aircraft.
5. Fly at or below FAA-authorized altitudes in controlled airspace with prior FAA authorization. Controlled airspace is Class B, C, D, and surface Class E designated for an airport. Get your FAA authorization using LAANC or DroneZone.
6. Fly at or below 400 feet in Class G (uncontrolled) airspace. Note: Flying drones in restricted airspace is not allowed. Before the flight, drone pilots should always check for airspace restrictions. You can do so on the B4UFLY app or the UAS Facility Maps webpage.
7. Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying.
8. Have a current FAA registration. Mark (PDF) your drones on the outside with the registration number. And carry proof of registration when flying. Starting September 16, 2023, registered drones must broadcast Remote ID information. The FAA temporarily delayed enforcement to March 16, 2024. That law is now in place and being enforced.
9. Do not operate your drone in a manner that endangers the safety of the national airspace system.

Recreational drone pilots must not violate safety requirements. Nor should they operate their drone flight carelessly or recklessly. You could be liable for criminal and/or civil penalties if you do.

You do not need a drone license if your drone use is recreational and falls within the scope of 44809. But, to fly your drone commercially, you must first get a Remote Pilot Certificate (RPC). This is also true for flights under the FAA’s Small UAS Rule (Part 107). The RPC is also known as a drone license or a Part 107 certificate. You may want to get your drone license for the flexibility it allows in your drone flights.

For more details on drone licensing, please see our Drone License Explainer.

It is recommended that recreational drone operators consult the Federal Aviation Administration (FAA) rules and regulations on the proper use of recreational drones and use common sense when operating these devices around crowded public areas, wildlife, or historic resources.

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Notes for operating Commercial Drone Services in Oregon

If you have a small drone that is less than 55 pounds, you can fly for work or business by following the Drone Laws in the USA defined by FAA Part 107 guidelines.

Commercial drone operations in Oregon are approved under the FAA Part 107. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

For a complete review of the FAA Part 107 regulation, please see our comprehensive FAA 107 Explainer.

Note: The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver as long as they meet the requirements defined in the rule. Airspace authorizations are still required for night operations in controlled airspace under 400 feet.

If you have a small drone of fewer than 55 pounds, you can fly for work or business by following the Part 107 guidelines. There are three main steps to fly under Part 107 rules.

Step 1: Learn the Rules

Ensure you understand what is and is not allowed under Part 107 rules.

• 14 CFR Part 107 Small Unmanned Aircraft Systems

If you are unsure if Part 107 rules work for you and your intended operation, check our user identification tool.

Some operations will need a waiver. Here are the regulations specified in §107.205 that are subject to waiver:

• Operation from a moving vehicle or aircraft – §107.25
• Operation at Night – §107.29(a)(2) and (b)
• Visual line of sight aircraft operation – §107.31
• Visual observer – §107.33
• Operation of multiple small unmanned aircraft systems – §107.35
• Yielding the right of way – §107.37(a)
• Operation over human beings – §107.39
• Operation in certain airspace – §107.41
• Operating limitations for small unmanned aircraft – §107.51
• Operations Over Moving Vehicles – §107.145

Learn more about Part 107 Waivers.

Drone operators should avoid flying near airports. It is difficult for crewed aircraft to see and avoid a drone while flying. Remember that the drone operator must avoid manned aircraft. You are responsible for any safety hazard your drone creates in an airport environment.

Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test

For more details on drone licensing, please see our Drone License Explainer.

To be eligible to get your Remote Pilot Certificate, you must be:

• At least 16 years old
• Able to read, write, speak, and understand English
• Be in a physical and mental condition to safely fly a UAS

Study for the Knowledge Test

• Review Knowledge Test Suggested Study Materials provided by the FAA.

Get an FAA Tracking Number (FTN)

• Create an Integrated Airman Certification and Rating Application (IACRA) profile. Then, register for the knowledge test.

Schedule an Appointment

• Take the Knowledge Test at an FAA-approved Knowledge Testing Center.

Complete FAA Form 8710-13

• Once you’ve passed your test for a remote pilot certificate (FAA Airman Certificate and/or Rating Application), log in to the FAA Integrated Airman Certificate and/or Rating Application System (IACRA)* to complete FAA form 8710-13.
• Review the entire process to get your Remote Pilot Certificate.

Step 3: Register your Drone with the FAA

For a complete discussion on drone registration, see our Drone Registration Explainer.

Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy to register. Learn more about registering your drone.

• Create an account and register your drone at FAADroneZone. Select “Fly sUAS under Part 107.”
• Once you’ve registered, mark your drone (PDF) with your registration number. The number will be helpful in case it gets lost or stolen.

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Useful published information on flying drones in Oregon

We have partnered with the FAA and other drone enthusiasts in supporting an internet educational campaign called Know Before You Fly. The tips, pointers, and resources apply to Oregon Drone Users also. Please visit the site for additional information: Know Before You Fly

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NOTE: This page is about the Regulation of Unmanned Aerial Vehicles: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model Aircraft, toy, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.

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Traveling with a Drone?

Click here to read our Comprehensive Guide For Traveling With A Drone.

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