Understanding Drone Laws in Emergency Situations

Learn about FAA and state regulations, as well as the SGI process, to ensure safe and legal UAV operations during disasters.

An A2Z delivery drone is pictured in front of some of the wreckage on Sanibel Island.
An A2Z delivery drone is pictured in front of some of the wreckage on Sanibel Island. [Courtesy: A2Z Drone Deliver]

While drones have become very useful in emergency situations, they have also been known to interfere with crisis operations.

From fires in California, capturing breaking news for local news stations, to rescue efforts in the latest floods in Texas, there are numerous opportunities for UAVs to help save lives and mitigate disasters more quickly. 

On the other hand, strict federal and state laws, temporary flight restrictions (TFRs), and special waivers all affect when and how drones can be used legally during a disaster. Too often, amateur pilots interrupt legal coordinated efforts to help with disasters.

FLYING will guide you through the legal landscape, including FAA regulations, the Special Governmental Interest (SGI) process, and how state regulations further complicate matters. If you’re a drone operator or emergency responder, here’s what you need to know before you try to fly.

Use of Drones in Emergency Operations

Before exploring the rules, let’s examine some ways drones have been integrated into disaster relief.

Rapid Aerial Assessment

Drones are one of the best ways emergency responders can receive an overview in the fastest amount of time, while also being the safest method.

They can assess damage, locate victims, and plan routes. In hurricanes, for instance, drones can survey collapsed bridges, downed power lines, and flooded roads more safely than manned aircraft. 

Aircraft such as the Autel EVO II or DJI Mavic 3 have been used for these missions because of their intelligent flight modes that allow for easier operations and high-resolution cameras that permit the operator to get better visuals and details of the scene. 

Search and Rescue Missions

Drones can be equipped with thermal cameras that detect body heat through smoke, foliage, or debris, making it easier and more efficient to locate victims from the sky.

They can cover dangerous terrain quickly and safely, often reaching areas inaccessible by foot or vehicle. In time-sensitive situations, this speed can mean the difference between life and death.

Typically, thermal cameras and other attachments, such as strobe lights, can be found at websites like Pilots HQ or Sporty’s Pilot Shop

Delivering Critical Supplies

Treacherous conditions can make it impossible to risk lives to deliver supplies, but drones offer a solution to this problem, enabling the delivery of medical kits, radios, and even small food packets to hard-to-reach disaster zones.

This technology is especially valuable when roads are blocked or bridges are out. In the future, autonomous drone fleets may become a standard part of emergency supply chains.

When Seconds Count: SGI Process for Emergencies

What Is the SGI Process?

The Special Governmental Interest (SGI) process allows certified drone pilots to request expedited FAA approval for emergency missions.

This process bypasses the usual 90-day waiver period, enabling drones to fly in controlled airspace, at night, or beyond visual line of sight (BVLOS) in urgent situations. The SGI process is outlined in FAA Order JO 7200.23A and is designed to facilitate quick, lawful responses in times of crisis.

How to Apply

Operators must submit an Emergency Operation Request Form to the FAA’s System Operations Support Center (SOSC). This must include your Part 107 certificate or Certificate of Waiver or Authorization (COA).

Email the completed form to: 9-ator-hq-sosc@faa.gov. Requests are reviewed quickly—often within one hour—and approvals may be granted based on the mission’s urgency, safety measures, and coordination with other airspace users.

Types of Eligible Missions

Missions that typically qualify for expedited approval include:

  • Wildfire monitoring and aerial surveillance
  • Search and rescue in remote or hazardous areas
  • Infrastructure inspections after storms, earthquakes, or floods
  • Disaster-related news coverage for public safety communication
  • Damage assessments for insurance and recovery funding

Who Can Apply for SGI? Certification and Eligibility Requirements

If you are only a recreational pilot without a Part 107 certification, you are not eligible and will not be granted permission. If you wish to earn the right to be considered, you should take the Part 107 exam, which you can prepare for by studying Pilot Institute’s Part 107 Commercial Drone Pilot License Course

There are ways around the SGI process, such as being a part of a government agency that operates under Public Aircraft Operations (PAO) status. However, PAO missions must meet specific criteria and are generally restricted to public missions, not commercial purposes.

Where You Can’t Fly: TFRs and Restricted Airspace

During disasters, the FAA often issues temporary flight restrictions (TFRs) around affected areas. This is to control the airspace, ensuring that only emergency personnel are flying in the area.

Flying inside a TFR without authorization is illegal and dangerous, as manned aircraft may be flying low and fast in these zones.

If a TFR is not in effect, the airspace remains open. However, it is essential to remain vigilant. Check current airspace restrictions through the FAA’s B4UFly mobile app or online NOTAMs. Real-time updates are crucial, especially during rapidly evolving disasters.

State Laws: Varying Rules and Provisions

Each state has different laws regarding the legality of flights around emergency zones. Make sure you check with your own state before making any assumptions, so you stay compliant.

For example, some states like Arizona and California have strict penalties for flying around affected areas. Other states may have rules around flying near prisons, critical infrastructure, or public events. 

Common State-Level Provisions

  • Bans on drone surveillance without consent
  • Prohibitions on flying near critical infrastructure
  • Misdemeanor charges for disrupting emergency responders
  • Additional registration or licensing requirements for commercial drone use

How Drones Can Disrupt First Responders

Helicopters and other emergency aircraft, such as firefighting jets, fly much lower than typical aircraft during emergencies, making drones a nuisance when trying to help disaster-stricken areas.

For example, a drone collided with a “Super Scooper” airplane during the Palisades fire in California back in January. Another more recent incident happened during the Texas flood when a drone collided with a rescue helicopter midflight, causing the helicopter to land prematurely and halt rescue operations. 

What Happens If You Break the Rules?

Both the Palisades and Texas airspaces were under TFRs, and both pilots are facing harsh penalties for illegal operations. The FAA takes these incidents very seriously and likes to make an example out of pilots who have caused trouble with their illegal flights. 

The Palisades drone pilot was issued a $65,000 fine and faced up to a year in federal prison for his mistake of flying where he wasn’t supposed to and damaging an emergency response aircraft. For the Texas flood pilot, there haven’t been any punishments handed out yet, but the pilot is expected to incur fines along with possible sentencing. 

The FAA also has the authority to seize drones used in illegal flights and revoke the pilot’s Part 107 certification. Pilots who violate FAA rules may also be barred from reapplying for certification for years.

Best Practices for Drone Pilots in Emergencies

Always Check Airspace Status

Use the FAA’s B4UFly app or online NOTAMs to review restrictions before each flight. Don’t assume yesterday’s clearance applies today. Situations evolve quickly during disasters.

Coordinate with Incident Command

If you have approval to operate, notify the local incident commander or unified command structure to ensure your flight supports broader emergency efforts. Integrated coordination ensures safety and mission efficiency.

Have Your Paperwork Ready

Keep a digital and physical copy of your Part 107 certificate, certificate of waiver authorization (COA), and any SGI approval documentation with you on-site. This can help quickly resolve questions from law enforcement or emergency managers. Consider carrying your documents in a durable flight bag from Flight Outfitters.

What Part 108 Could Mean for Emergency Drone Use

The FAA has introduced a possible Part 108 certification that aims to streamline and normalize beyond visual line of sight (BVLOS) drone operations in the United States. BVLOS could be a streamlined, advanced certification that allows for a faster waiver process for BVLOS operations, but it could also be used for more purposes. 

Currently, the FAA uses waivers and exemptions under Part 107 to permit more advanced drone activities, such as flying at night, over people, or BVLOS. These waivers are often time-consuming to obtain and lack consistency across applicants. In emergency situations where time is critical, this creates a significant barrier.

Part 108 seeks to address this issue by developing a risk-based, scalable framework that enables safe integration of routine BVLOS operations into the National Airspace System (NAS). The FAA has worked closely with stakeholders, including public safety agencies, commercial drone operators, and aviation experts, to shape the new rules.

Potential Challenges

In order for Part 108 to be implemented, training, certification, and operational requirements will have to be fully developed, and they are going to be more rigorous than under Part 107.

It also creates more confusion because there will be another set of rules in addition to Part 107 and The Recreational UAS Safety Test (TRUST). However, with input from organizations like NASA, the FAA, and the Commercial Drone Alliance, Part 108 represents a bold step forward in aligning technology with the operational realities of disaster response.

Future of Drones in Disaster Response

Drones will be used more in the future as we are able to develop guidelines and regulations that make their operations safe.

There are already areas where drones launch automatically when 911 calls are received. This is just one example of the many benefits drones provide.

There are going to be more opportunities for pilots to take on jobs related to these areas as well. Programs like Angle of Attack can show you how to land jobs just like these to prepare for a future that includes more UAVs. 

Whether you’re flying to support emergency efforts or capturing post-storm footage, understanding the legal landscape is just as important as knowing how to pilot your drone. With proper preparation, certification, and respect for the rules, drones can play a vital role in saving lives and restoring communities.

FLYING may earn revenue from the products available on this page and participate in affiliate programs.

Alex Naughton

Alex Naughton is a drone industry writer and small business owner who has written content for numerous websites over the years. Alex specializes in covering FAA Part 107 regulations, drone safety, and emerging tech trends.
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