Newsletter

Drones—What Public Agencies Need to Know Now to Ensure Compliance and Prepare for Changes Ahead

By: Lauren E. Brown, Supervising Attorney, Civica Law Group, APC

CURRENT LANDSCAPE AND RECENT DRIVERS FOR CHANGE

Drones are essential tools for public agencies. As technology, public opinion, and the legal landscape governing their use rapidly evolve, it is imperative to stay informed and act quickly to ensure ongoing compliance and to leverage their use.

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Before public agencies can operate drones, they must first follow federal regulations by submitting an application through the Federal Aviation Administration (FAA) to obtain approvals to operate either through rule Part 107 or via a certificate of waiver or authorization (COA). A COA provides the ability to engage in drone operations outside the scope of Part 107, such as:

• Night flights,
• Flights over controlled airspace,
• Flights beyond visual line of sight (BVLOS) operations,
• In emergency situations.

Significant changes are occurring in these approvals, and the operating procedures that agencies have historically followed are changing. 2025 brought the most significant federal updates since the creation of Part 107 in 2016. By early 2026, a new FAA rule (Part 108) will reshape how agencies operate altogether.  These changes come to fulfill a presidential directive to accelerate national drone integration.

Most public agencies implementing drone operations have an existing drone policy that sets forth requisite approvals, governs operations, and establishes uniform procedures.  With pivotal changes underway and more set to occur in early 2026, now is the time to review these policies for compliance, plan for change, and get ready to implement new drone operations.

IMMEDIATE STEPS TO ENSURE COMPLIANCE WITH 2025 UPDATES

The following are some of the key changes to drone usage in 2025.

Remote IDs

Remote IDs are now mandatory for all drone use unless a specific waiver is obtained granting exemption status. Failure to comply may result in FAA enforcement, such as fines and suspension. To comply, all active drones must broadcast identification and location information in real-time, which can be done either through built-in systems or an approved add-on module for older drones. This is particularly important as law enforcement can now access real-time data, allowing certain drone operators to be instantly identified.

Key Steps to Ensure Compliance:

• Conduct an immediate inventory of all drones and verify Remote ID compliance or exemptions.
• Increase training on broadcast functions and failure protocols, including accounting for loss of signal and safe landing procedures.
• Ensure your existing drone policy accounts for identification requirements and broadcast and failure protocols.

Expanded Permissions: More Flexibility in Public Safety Uses

As the FAA transitions to implement rule Part 108, it has rolled out certain permissions allowing for greater flexibility in public safety drone operations. Specifically, flying over people and moving vehicles is expressly allowed under certain FAA safety categories, and night operations are now authorized without needing a waiver—provided the pilot holds a Part 107 certificate and the drone uses approved anti-collision lighting. These updates represent the first phase of efforts aimed at streamlining the process for public safety use and are designed to facilitate faster deployment for emergency and time-sensitive events.

Modernization of Notice to Airmen (NOTAM)

Notices to Airmen (NOTAMs) alert pilots to temporary airspace restrictions, potential hazards, and operational changes, ensuring that all pilots are adequately informed.

On September 30, 2025, the FAA launched its first phase of the new NOTAM Management Service, replacing the prior system that had experienced nationwide outages and caused several flight delays in past years. The new cloud-based system provides real-time data, modern interfaces, and streamlined information. The aim is for it to be the single authoritative source for all U.S. NOTAMs once the full transition occurs, which is scheduled for spring 2026. Agencies should monitor the FAA’s updates and be prepared for the switch.

Transition from Certificates of Waiver or Authorization (COA) to Certificate of Waiver (COW) Approvals

The FAA has initiated an overhaul of the waiver process to make approvals more attainable. Specifically, for public agencies interested in Drone as First Responder (DFR) operations, the COA requirement will be eliminated and replaced with a Certificate of Waiver (COW) requirement, processed by the FAA. Review by both the FAA and the Air Traffic Organization (ATO) will be obsolete, streamlining the review and approval process. Additionally, instead of two years, these new COWs will be valid for four years from the date of approval, will eliminate certain monthly reporting requirements, and human visual observers can be replaced with qualifying detection equipment such as ADS-B or radar. Together, these changes should result in quicker applications and approvals, as well as reduced costs for public agencies.

Analyzing your public agency’s specific needs remains important in determining which approval to obtain, as Part 108 resolves several previously sought waivers. If your agency needs to engage in flights categorized as BVLOS for a distance greater than one mile, it should consider applying for the COW. The new application process will require submission of a letter declaring your public agency, the purpose and scope of the request, and the potential impact approval will have on protecting the public. Agencies with an existing COA will need to resubmit a new application to obtain a COW before they can capitalize on these changes.

FAA Part 107 and Upcoming Part 108 Changes
Part 107 currently governs drone use, requiring pilot certification and establishing operational standards (e.g., maximum altitude of 400 feet, maintaining visual line-of-sight). Part 108 will standardize routine BVLOS operations. After it takes effect, BVLOS operations will no longer be permitted under Part 107, ending the case-by-case waiver process. All operations where line of sight will be maintained will continue under Part 107.

Public Agency Part 108 approval options will include:

• Permit: For smaller-scale, lower-risk operations over less-dense populations; fleet size is restricted.
• Certificate: For more complex operations with fewer restrictions.

Key Part 108 Highlights:

• Pilot certification is replaced by agency responsibility for operator training.
• TSA background checks are required for operators.
• Increased drone weight limits.
• Population density categories impacting flight regulations.
• Mandatory detect-and-avoid systems for certain airspaces.
• Some drones may have right-of-way over specific manned aircraft in low-altitude corridors.
• Encrypted communications and remote monitoring required.
• Rest requirements for operators.

Security and Vendor Compliance
Due to national security concerns, the FAA is tightening policies and may ban foreign-made drones. Agencies using restricted vendors should prepare to transition to approved equipment and monitor FAA updates.

Ongoing Privacy and Legal Considerations
Recent court cases have highlighted the ongoing uncertainty and scrutiny surrounding privacy and due process in the use of drones. Agencies must:

• Consult legal counsel to ensure compliance with the Fourth Amendment and state privacy laws.
• Obtain warrants when necessary.
• Establish clear protocols for data retention, access, and deletion, and conduct regular training.
• Promote transparency to build public trust and reduce complaints.

2025 and 2026 mark a turning point for public agency drone use. With the continued push toward automation, advanced safety systems, and streamlined implementation, agencies that act now will be best positioned to adapt.

The Authority is currently developing drone policy and procedures templates, which will be available in early 2026. Inquiries on the content of this article can be directed to Lauren Brown. For questions, please contact your regional risk manager.

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