City attorney says FAA approval likely required for local drone restrictions; residents urge alternatives

The Fredericksburg City Council discussed a proposed ordinance to regulate drones with the stated goal of protecting privacy. City Attorney advised council members that, while the Texas Legislature adopted enabling language allowing local regulation of drone zones over infrastructure, such local rules are subject to Federal Aviation Administration review and approval under federal law (cited in discussion as 49 U.S.C. 40103). The attorney said his firm’s prior experience seeking FAA approval on behalf of other Texas cities found no successful FAA approvals in the Fort Worth regional office, and that the federal framework makes local regulation difficult to enforce.

Mayor and council heard from several residents who described personal encounters with drones. George Studer, a resident, recounted drones hovering over his backyard and suggested the city consider providing a controlled place to fly drones — possibly on city property or in partnership with a local high school program — as an alternative to neighborhood flying. Carol Hamerson urged the city to consider whether aggressive drone use could be addressed as a public nuisance; the city attorney responded that declaring a public nuisance alone is not sufficient and that private nuisance remedies might be available to homeowners but are difficult to investigate and enforce.

City staff and the attorney cautioned about enforcement challenges for police — by the time officers respond a drone may be gone — and suggested contacting FAA representatives to explore possibilities. Council did not take formal action but directed staff to continue research and outreach.