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ARTICLE · 16 AUGUST 2018

Illinois Legislature Pre-Empts Municipal Authority To Regulate Drones

Effective immediately, the Illinois General Assembly has pre-empted all Illinois municipalities other than Chicago

United StatesTransport

Andrew Fiske is an Attorney in the Chicago office

Effective immediately, the Illinois General Assembly has pre-empted all Illinois municipalities other than Chicago, including home rule municipalities, from regulating "unmanned aircraft systems," commonly referred to as "drones." Going forward, the law prohibits municipalities from adopting ordinances or resolutions regulating drones, and any existing municipal regulations outside of Chicago have been deemed unenforceable.

On Aug. 3, 2018, Gov. Bruce Rauner signed Public Act 100-0735 (the Act), which takes immediate effect and amends the Illinois Aeronautics Act to preclude Illinois municipalities with a population of less than 1 million from enacting "an ordinance or resolution to regulate unmanned aircraft systems." 620 ILCS 5/42.1(b). This means that all Illinois municipalities other than Chicago are precluded from regulating "unmanned aircraft systems," which the Act defines as "an unmanned aircraft and its

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