Drone Laws in Wisconsin

Paying attention to everything the FAA has put forth since their rules and regulations were initially put into full effect is crucial for all drone fliers. Although, do you know the laws and regulations related to drones in your state, as well?

Learn All The Drone Rules & Regulations

This article will give a brief overview of the laws in your state, but we can’t keep cover all the minutae in only two thousand words. That’s why we highly recommend that you do some research on your own time and, ideally, enroll in a professional course if you’re actually looking to get certified. Though there’s lots of options for learning more about drone laws, we highly recommend the#1 Rated Professional Course: Drone Pilot Ground School. Get $50 Off as a Dronethusiast reader, just click the link and sign up. It’s a great way to learn about drone laws and piloting that’s cheaper than most of its competition, you can purchase it once and own it forever and they’re constantly updating their professional training.

Flying Over Wisconsin

Unfortunately, it would seem that narrowing down places to fly in Wisconsin is half of a headache. There does not seem to be anywhere that is legal for drone users to fly in, especially when you look at the legal situation with drones as a whole and all of the laws that are currently in effect.

With this in mind, we urge you to make direct contact with national parks, airfields, or anywhere else you’re looking to fly your drone in. You will then have access to accurate information on where you are legally able to fly your drone.

The Registering Process in Wisconsin

The Federal Aviation Administration (FAA) requires that all Small Unmanned Aircraft Systems (UAS) owners follow strict regulations and laws. You will need to file your name, home address and your email address as a start.

From there, you will receive a Certificate of Aircraft Registration and Proof of Ownership. These will include an identification number for your aircraft. You must have this number displayed on your drone at all times. The number will be valid for up to 3 years.

All aircraft that weighs more than 0.55 pounds, or 250 grams, and less than 55 pounds, or 25 kilograms, must be registered. This also includes any added payloads, such as an onboard camera.

You must be at least 13-years-old in order to register and, effective December 21st, 2015, all newly purchased or made drones must be registered before their first flight. You are able to register through a paper-based process, but you can also do so online by clicking here.

Proximity to Airports in Wisconsin

As a general rule of thumb, and in accordance with the law from the FAA, you may not fly within a 5-mile radius of any airport. In 2012 the FAA enacted the Modernization and Reauthorization Act which requires hobbyist drone operators, meaning residential, to contact air traffic control and/or airport management if they are operating within a 5-mile radius of any local airport.

This is enacted nationwide, not only in Wisconsin, under Part 101 of the Act, being Special Rule for Model Aircraft, to ensure that drone operations under unsafe conditions are disapproved before the drone can be launched.

Regardless of the local airport you will be flying near, and possibly breaching airspace, you will need to contact either the airport air traffic control tower or the airport operator.

You will need to establish an agreed-upon operating procedure with airport air traffic or the airport operator and answer a couple of questions. For example, questions relating to how long you are going to be flying for.

Unique Drone Laws in Wisconsin

At this time of writing, all of the legal information listed below is deemed as accurate as possible and fully in effect.

Statute 29.083 Interference with hunting, fishing or trapping.

Definition. In this section, “activity associated with lawful hunting, fishing, or trapping” means travel, camping (don’t forget your rain tarp!), scouting, target shooting, dog training, animal baiting or feeding, or other acts that are preparatory to lawful hunting, fishing, or trapping and that are done by a hunter, fisher, or trapper or by a member of a hunting, fishing, or trapping party.

Prohibitions.

No person may interfere or attempt to interfere with lawful hunting, fishing, or trapping with the intent to prevent the taking of a wild animal, or intentionally interfere with or intentionally attempt to interfere with an activity associated with lawful hunting, fishing, or trapping, by doing any of the following:

………..

Using a drone, as defined in s. 941.292 (1), to conduct any activity prohibited under subds. 1. to 7

. ………

Civil actions.

A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of sub. (2) (a) may bring an action in circuit court for an injunction or damages or both.

(b) The circuit court may enter an injunction under ch. 813 against conduct in violation of sub. (2) (a) if the court determines any of the following:

The defendant is threatening the conduct.

The defendant has engaged in the conduct in the past and that it is reasonable to expect that the defendant will engage in the conduct that will adversely affect the plaintiff in the future. (c) The circuit court may award damages to the plaintiff if the defendant’s conduct in violation of sub. (2) (a) has adversely affected the plaintiff. The damages awarded may include punitive damages and any special damages. Special damages may include approval fees, travel costs, camping fees, costs for guides, and costs for equipment or supplies to the extent that the plaintiff did not receive the full value of any of these expenditures due to the unlawful conduct of the defendant.

History: 1989 a. 190; 1997 a. 248 s. 415; Stats. 1997 s. 29.083; 2015 a. 346.

The application of this section is limited to physical interference and does not violate the freedom of speech. State v. Bagley, 164 Wis. 2d 255, 474 N.W.2d 761 (Ct. App. 1991).

114.04 Flying and landing, limitations.

Subject to ss. 114.105 (3) and 175.55, and except as provided in ss. 114.045 and 942.10, flight of or in aircraft or spacecraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft or spacecraft on the lands or waters of another, without the person’s consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 114.05.

114.045 Limitation on the operation of drones.

No person may operate a drone, as defined in s. 114.105 (1) (a), over a state correctional institution, as defined in s. 301.01 (4), including any grounds of the institution.

Any person who violates sub. (1) may be required to forfeit not more than $5,000.

A law enforcement officer investigating an alleged violation of sub. (1) shall seize and transfer to the department of corrections any photograph, motion picture other visual representation, or data that represents a visual image that was created or recorded by a drone during an alleged violation of sub. (1).

114.105 Local regulation.

In this section:

Drone” means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.

(b)Political subdivision” means a city, village, town, or county.

A political subdivision may adopt any ordinance in strict conformity with the provisions of this chapter and impose the same penalty for violation of any of its provisions except that an ordinance under this subsection may not provide for the suspension or revocation of pilot or aircraft licenses or certificates and may not provide for imprisonment except for failure to pay any fine which may be imposed.

(3)

If a political subdivision determines that public safety requires that drone operation over an area under the jurisdiction of the political subdivision be limited, subject to par.

(b), the political subdivision may enact an ordinance designating the area as an area over which the operation of a drone is limited and imposing limitations on the operation of drones over the designated area. Subject to par. (b), an ordinance under this section may prohibit any operation of a drone over a designated area. (b) An ordinance under par. (a) may not apply to any of the following:

The operation of a drone by the state, an agency of the state, or a public safety agency, as defined in s. 256.35 (1) (g).

The operation of a drone with the permission of the owner of the property over which the drone is operated.

(c) If a political subdivision enacts an ordinance under par. (a), the political subdivision shall provide notice reasonably calculated to inform the public of the location of areas over which drone operation is limited. If the political subdivision produces a newsletter for its residents, the political subdivision shall provide notice of the areas affected by an ordinance under par. (a) in the newsletter. If the political subdivision maintains an Internet site, the political subdivision shall maintain a list of locations affected by an ordinance under par. (a) on the Internet site.

(d) A political subdivision may provide a forfeiture of not more than $2,500 for each violation of an ordinance under par. (a).

No political subdivision may enact any ordinance governing aircraft or aeronautics or spacecraft or astronautics contrary to or inconsistent with the provisions of this chapter or federal law.

Every court in which a violation of an ordinance under this section is prosecuted shall make a written report of any conviction, including bail or appearance money forfeiture, to the federal aviation administration.

175.55 Use of drones restricted.

In this section:

“Drone” means a powered, aerial vehicle that carries or is equipped with a device that, in analog, digital, or other form, gathers, records, or transmits a sound or image, that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.

(b) “Wisconsin law enforcement agency” has the meaning given in s. 165.77 (1) (c) and includes the department of justice and a tribal law enforcement agency.

No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

History: 2013 a. 213.

941.292 Possession of a weaponized drone.

In this section, “drone” means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.

Whoever operates any weaponized drone is guilty of a Class H felony. This subsection does not apply to a member of the U.S. armed forces or national guard acting in his or her official capacity.

History: 2013 a. 213.

942.10 Use of a drone.

Whoever uses a drone, as defined in s. 175.55 (1) (a), with the intent to photograph, record, or otherwise observe another individual in a place or location where the individual has a reasonable expectation of privacy is guilty of Class A misdemeanor. This section does not apply to a law enforcement officer authorized to use a drone pursuant to s. 175.55 (2).

Outgamie County, WI Section 10-195. – Limits on aeronautical activities.

The following types of aircraft and other aerial devices may not be operated on the airport without prior written authorization from the airport director:

Ultralight aircraft.
Unmanned aerial vehicles.
Kites, model airplanes, tethered or non-tethered balloons, rockets and similar aerial devices.

Use of any portion of the airport as a designated drop zone for parachute jumping or skydiving shall be prohibited without the prior written approval of the airport director and control tower, and further shall require a lease or permit authorizing use of the designated portion of the airport for a drop zone.

The airport director may seek review by the FAA upon receipt of an application to conduct one of the foregoing aeronautical activities. In the event that the airport director grants approval to conduct an aeronautical activity, the director’s approval shall be in the form of a directive authorizing the applicant and other similarly-situated entities the right to conduct the aeronautical activity and prescribing specific conditions on use of the airport for the aeronautical activity. The authorized aeronautical activity shall be conducted in conformity with such directive, all applicable requirements contained in the Federal Aviation Regulations, and any other conditions as may be imposed by the control tower.

(Ord.No.G-2012-13,§D(IV),3-26-2013)

PUBLIC PEACE AND GOOD ORDER 27.310 DRONE USE AT SPECIAL EVENTS.

(Cr. GO 16-15)

SPECIAL EVENT DEFINED. For purposes of this subsection, Special Event shall have the same meaning as defined under Green Bay Municipal Code 6.201(9).

PROHIBITED. It shall be unlawful for any person or entity to fly or operate a drone as defined in Wis. Stat. 175.55(1)(a), below an altitude of 400 feet within the designated boundaries of a special event during the scheduled time of the event. This subsection shall not apply to authorized public safety agencies or operators having obtained approval from the event organizer or from the Federal Aviation Administration.

Chetek, WI Section 118-89 – Airport heights limitation zone.

Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Airport means the Chetek Municipal (Southworth) Airport located in Sections 29 and 32, Town 33N, Range 10W, Barron County, Wisconsin.

Airport hazard means any structure or object of natural growth, which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.

Drone means a device as set forth in Wis. Stat. §175.55(1)(1), as amended.

(b) Zones. All zones established by this section are as shown on the Official Zoning Map dated January 4, 1985, entitled, “Height Limitation Zoning Map, Chetek Municipal Airport, Chetek, Wisconsin,” which is shown in Appendix A and is adopted as part of this Code of Ordinances by reference as if set forth in full herein.

(c) Height limitation zones.

Except as otherwise provided in this section, no drones shall be operated at or above a height in excess of the height limit indicated on the map referred to in Subsection (b) of this section.

(d) Exceptions. The restrictions contained in Subsection (b) of this section shall not apply to objects which are less than 35 feet in height above ground level at the object site within one-half-mile of the airport boundary or to structures less than 50 feet in height above ground within the area beginning one-half-mile from the airport boundary and extending to one mile from the airport boundary or to structures less than 100 feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary.

(j) Penalties. Any person violating any of the provisions of this section shall, upon conviction, forfeit not less than the amount established from time to time by the Common Council and maintained in the penalty schedule available in the office of the City Clerk-Treasurer, together with the costs of prosecution, and in default of payment of forfeiture and costs of prosecution, shall be imprisoned in the County jail until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.

(Code 2005, § 13-1-38; Ord. No. 746A, §§ I, II, 8-11-2015)

State DNR – Hunting & Fishing Restrictions

Use of Devices

It is illegal to:

Hunt any animal with the aid of any aircraft, including unmanned aircraft and drones;

2013 Wisconsin Act 213 Senate Bill 196

AN ACT to amend 114.04; and to create 175.55, 941.292 and 942.10 of the statutes; relating to: restricting the use of drones and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. 114.04 of the statutes is amended to read:

114.04 Flying and landing, limitations. Subject to s. 175.55, and except as provided in s. 942.10, flight of or in aircraft or spacecraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft or spacecraft on the lands or waters of another, without the person’s consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 114.05.

SECTION 2. 175.55 of the statutes is created to read:

175.55 Use of drones restricted. (1) In this section: (a) “Drone” means a powered, aerial vehicle that carries or is equipped with a device that, in analog, digital, or other form, gathers, records, or transmits a sound or image, that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.

(b) “Wisconsin law enforcement agency” has the meaning given in s. 165.77 (1) (c) and includes the department of justice and a tribal law enforcement agency.

No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

SECTION 3. 941.292 of the statutes is created to read:

941.292 Possession of a weaponized drone. (1) In this section, “drone” means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.

(2) Whoever operates any weaponized drone is guilty of a Class H felony. This subsection does not apply to a member of the U.S. armed forces or national guard acting in his or her official capacity.

SECTION 4. 942.10 of the statutes is created to read:

942.10 Use of a drone. Whoever uses a drone, as defined in s. 175.55 (1) (a), with the intent to photograph, record, or otherwise observe another individual in a place or location where the individual has a reasonable expectation of privacy is guilty of Class A misdemeanor. This section does not apply to a law enforcement officer authorized to use a drone pursuant to s. 175.55 (2).

2015 Wisconsin Act 318 Assembly Bill 670

AN ACT to amend 114.04; and to create 114.045 of the statutes; relating to: the operation of drones over correctional institutions and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. 114.04 of the statutes is amended to read:

114.04 Flying and landing, limitations. Subject to s. 175.55, and except as provided in s. ss. 114.045 and 942.10, flight of or in aircraft or spacecraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft or spacecraft on the lands or waters of another, without the person’s consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 114.05.

SECTION 2. 114.045 of the statutes is created to read:

114.045 Limitation on the operation of drones. (1) No person may operate a drone, as defined in s. 114.105 (1) (a), over a correctional institution, as defined in s. 801.02 (7) (a) 1., including any grounds of the institution.

(2) Any person who violates sub. (1) may be required to forfeit not more than $5,000.

A law enforcement officer investigating an alleged violation of sub. (1) shall seize and transfer to the department of corrections or authority in charge of the correctional institution any photograph, motion picture, other visual representation, or data that represents a visual image that was created or recorded by a drone during an alleged violation of sub. (1).

Act 346 – Senate Bill 338 – Hunting Interference

AN ACT to amend 29.083 (1), 29.083 (2) (a) (intro.), 29.083 (2) (a) 5., 29.083 (3) and 29.971 (11r) (a); and to create 29.083 (2) (a) 6., 29.083 (2) (a) 7., 29.083 (2) (a) 8. and 29.971 (11r) (am) of the statutes; relating to: interfering with hunting, fishing, and trapping and providing criminal penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 5. 29.083 (2) (a) 7. of the statutes is created to read:

29.083 (2) (a) 7. Engaging in a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose and that are intended to impede or obstruct a person who is engaged in lawful hunting, fishing, or trapping, or an activity associated with lawful hunting, fishing, or trapping, including any of the following:

Maintaining a visual or physical proximity to the person.
Approaching or confronting the person.
Photographing, videotaping, audiotaping, or through other electronic means, monitoring or recording the activities of the person.

This subd. 7. c. applies regardless of where the act occurs.

D. Causing a person to engage in any of the acts described in subd. 7. a. to c.

Section 6. 29.083 (2) (a) 8. of the statutes is created to read:

29.083 (2) (a) 8. Using a drone, as defined in s. 941.292 (1), to conduct any activity prohibited under subds. 1. to 7.

Other Legal Issues With Drones in Wisconsin

At this time of writing, there are currently a number of bills in circulation within the state of Wisconsin surrounding drones.

Fond du Lac City Council Ordinance Draft

Quite recently, drone restrictions within the city limits of Fond du Lac are going underway. City Council, paired with the City Attorney, are currently going over an ordinance draft. At this time of writing, this is all the information present.

Hudson City Council Ordinance Draft

As is the case with Fond du Lac, Hudson is following suit with an ordinance draft to regulate the use of drones within the limits of the city.

2015 Assembly Bill 671

AN ACT to create 939.642 of the statutes; relating to: using a drone to commit a crime and providing criminal penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 939.642 of the statutes is created to read:

939.642 Penalty; using a drone to commit a crime. (1) If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2):

Commits a crime under chs. 939 to 948 or ch. 961.
Uses a drone, as defined in s. 175.55 (1) (a), to commit the crime under par. (a).

(a)

(2) (a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised term of imprisonment is 2 years.

(c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

(3) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact finds a special verdict as to all of the issues specified in sub. (1).

(4) This section does not apply to any crime if proof of using or operating a drone is required for a conviction for that crime.

FAQ on Wisconsin Law and Drones

If you do not see your question, or an answer to it, listed below, feel free to get in touch with us and we’ll gladly give you one.

Is a drone/UAS considered the same as a model aircraft?

The United States Congress has defined and concluded that a model aircraft is only considered a drone or a UAS when the following points are met:

– It’s flown for recreational purposes or as a hobby and not for any business or commercial reasons
– It’s flown within visible distance, meaning being able to see it at all times, of the individual operating it
– It’s capable of sustaining flight within the atmosphere, meaning that it can fly

If your model aircraft, regardless of whether or not you acquired it pre-built or built it yourself, meets the above points to your knowledge, it’s considered a drone/UAS.

What is the Small UAS Rule?

The Small UAS Rule requires those who have unmanned aircraft systems, or UAS, that weigh less than 55 pounds, payload included, to register their aircraft with the FAA. This only applies to recreational or hobby fliers and not commercial drone use, however.

Is the FAA’s Small UAS Rule still in effect?

Yes, it has been in effect from August 29th of 2016 and is still in effect at this time of writing.

Do I have to carry my Certificate of Aircraft Registration while flying my UAS at all times?

Yes, you must have the registration certificate from the FAA at all times during flight operation. In accordance with federal law, all UAS operators must show their certificate of registration to any local, state, or federal law enforcement officer when they are asked to do so.

What do I do for registration if my UAS is over the 55-pound limit?

If your UAS weighs more than 55 pounds, including payload, you will need to register it by clicking here.

Drone Laws in Wisconsin

Knowing the laws, regulations, restrictions, etc., regarding drones in your state is extremely important. Remember to educate yourself, follow the rules, fly safely and responsibly, and have fun! Make sure you take your drones camping and have a great time, when we camp we love sleeping in hammocks! If you’re a hammock camper like us then check out these great hammock tarps!!

Kennedy Martinez

kennedy@dronethusiast.com

Kennedy Martinez is a resident writer who joined Dronethusiast at the beginning of 2019. She has years of experience reviewing drones and other tech products. When it comes to flying drones, Kennedy loves the ability to create artistic videos from a unique point of view. Kennedy enjoys researching new drones and other exciting products that are available to consumers which is why she is committed to creating the best buyer's guides for our readers.