New FAA Drone Laws in 2026: What Commercial Drone Operators Need to Know

In the past year, I've seen a shift in the regulatory landscape regarding drones. It has shifted from a "warn and educate" policy to a "enforce and deter" policy. There have been new layers added to the existing regulations, namley the "DETER" program, instituted in January of 2026. "DETER" stands for "Drone Expedited and Targeted Enforcement Response" and "supports President Trump’s Executive Order on Restoring American Airspace Sovereignty, which calls for stronger enforcement of drone laws to protect the safety and security of the U.S. airspace."

I've already seen this program in action personally, as I was approached by Homeland Security for a compliance check while flying in Class B Airspace. I had my LAANC authorization, my license and extension, and also proof of insurance. They had me land, took pictures of my drone's serial number and matched it with my registration, they took my ID as well. To be honest, it was a bit intimidating, it felt like a law enforcement stop and I felt uncomfortable, but in the end they cleared me and told me that I could continue on with flying there and apologized for any delays they may have caused.

My first reaction to this was very negative, but the more I thought about it, the more I realized that this may actually help me as a legitimate operator. If they are doing compliance checks they will also catch those that are flying without a Part 107, and this gives my business the advantage that it deserves. Since DETER began, I have noticed a slight uptick in business. It also "deters" operators from doing business without the required Part 107.

Another piece of legislation that is on the table now is called "Section 2209 Drone Restriction Proposal". This is one of the most important FAA drone rulemakings since Remote ID. The rule is aimed at addressing growing concerns about unauthorized drone activity near sensitive infrastructure and facilities, while still attempting to preserve legitimate commercial drone operations. Facilities potentially eligible for restrictions include:

• Critical infrastructure sites

• Energy facilities

• Oil refineries

• Chemical plants

• Railroad facilities

• State prisons

• Amusement parks

For the most part, the Drone industry at large welcomes this as long as accomodations are provided for legitimate operators, and it appears that there will be. Certain authorized operations under Part 107, Part 108, Part 135, and Public safety operations could still be allowed if operators meet FAA requirements, Remote ID compliance, and additional notification procedures. Additionally, the proposed rule does not give facility operators counter-drone authority. It does not authorize geo-fencing, jamming, drone capture, or any form of mitigation technology, and it does not change existing federal criminal law on interfering with aircraft or destruction of property. I found a case for a direct application of this recently while teaching Part 107 test prep for firemen at an oil refinery. To my surprise as well as theirs, the airspace over the refinery was wide open; no LAANC required. Being a critical infrastructure they were very concered about this and I suggested that they contact the FAA about getting a restriction.

In addition to all this, the FAA has just dropped the "DiSCVR" tool. This stands for "Drone Information, Safety, Compliance, Verification, and Reporting" Tool. DiSCVR enables authorized law enforcement to enter identifying information about a drone of interest (such as Remote ID position information, serial number, or registration number) and receive available FAA-related information, if a match exists (Fig.1).

Fig.1 (FAA.gov)

In light of these recent legislations, it's obvious that the Federal Government wants more control of the drone airspace, and it makes sense. Drones are no longer novelties but have begun to weave themselves into our everyday lives and workflows. In the near future they will play an even larger role and I believe that is why there is a large amount of emerging legislation. I believe we will even have more regulation in the near future, to the point where drone operators will have another layer of certification and be required to carry a certain amount of insurance as well.

One potential issue for Part 107 operators that I see on the horizon is the increasing use of drones by local law enforcement. I believe as law enforcement expands their use of drones, they will frown upon independent operators that are in their localities. They may even say they are interfering with their abiltiy to provide public saftey. I think this will be a hot topic in the coming year and I hope it plays out in an equitable manner.

As long as legitimate operators are accomodated, and hobbyists have a place where they can go and enjoy flying for fun, I think these regulations are a step towards embedding drone operations into our society, just like the automobile and the private manned aircraft before it.