Summary: Drones pose growing risks to the nation’s energy infrastructure, from power plants to substations, as they can bypass traditional security perimeters and disrupt operations.

While federal law leaves most airspace open, many states have enacted laws criminalizing unauthorized drone flights over critical facilities.

Because private entities cannot jam or disable drones, operators must focus on detection, documentation, and coordination with law enforcement. Legally compliant detection systems-especially those using Remote ID and RF sensing-help identify drone activity and pilot locations in real time. Combining these technologies with clear protocols and awareness of state laws strengthens defense against aerial threats.

The nation’s electric grid and critical energy assets—defined by law as vital to national security, the economy, and public health (Title 42 U.S. Code § 5195c(e))—face more drone activity near their sites. Drones can bypass traditional security perimeters, interfere with operations, or even cause physical damage to critical infrastructure. Unauthorized or uncoordinated flights create safety and operational challenges, underscoring the need for reliable awareness tools and procedures to help maintain secure, continuous operations.

As an operator of power generation facilities and essential utility infrastructure, your defense strategy must combine technological airspace awareness (detection) with an understanding of the legal landscape (federal laws and state criminal law).

Part I: The Federal Airspace Dilemma

The legal framework for U.S. airspace creates a security gap for most energy companies:

• Open Airspace is the Default: The Federal Aviation Administration (FAA) controls the airspace, and the majority of utility sites, including power plants and substations, are NOT automatically restricted airspace.
• The Pilot’s Right to Fly: A drone may fly near your facility unless the airspace is otherwise restricted. The only broad, federally restricted utility-related assets are weapons-related nuclear sites (governed by 14 CFR 99.7), leaving conventional energy infrastructure vulnerable under federal rules.

Drone detection isn’t about blocking legal flights-it’s about knowing what’s in your airspace. Even routine operations, such as Amazon package deliveries or public safety drones on missions, are generally authorized. Detection tools give organizations visibility into nearby drone activity and, if needed, allow them to respond accordingly.

Part II: The State-Level Enforcement Advantage

While the FAA controls the safety of the airspace, states retain the right to legislate against criminal acts like trespassing and harassment, which can extend into the airspace above your property.

• Criminalization of Overflight: Several states have stepped in to close the federal gap, passing laws that specifically criminalize unauthorized drone flights over key assets. States like New Jersey, Tennessee, Florida, and Louisiana have laws on the books that restrict or outlaw flights over power plants. 
• The Critical Penalty: These state laws provide real legal teeth. Penalties may include fines or arrest, even if the FAA permits the flight. This means that a pilot who would only receive a warning from the FAA could face criminal charges from local law enforcement if they are over your facility in a state with these protections.
  
  

Part III: Actionable Security Protocols for Utility Operators

Since federal law prohibits private entities from actively interfering with an aircraft (i.e., jamming or shooting down a drone is illegal), your company’s strategy must focus on detection, documentation, and coordination.

Even at the federal level, regulators acknowledge the importance of rapid awareness. Under 10 CFR 73.1200, nuclear licensees must notify the Nuclear Regulatory Commission within 15 minutes of certain physical security events, including potential hostile acts. While this rule specifically applies to nuclear facilities, it underscores a universal truth for all critical infrastructure: you can’t report or respond to a threat you don’t detect in real time.

1. Deploy Legal Drone Detection Technology

While mitigation tools (jammers, spoofers, etc.) are restricted to a few federal agencies (like the Department of Energy, Homeland Security, and Justice), detection systems are a legal necessity.

• Starting Point (Compliant Drones): The easiest and most legal form of detection is utilizing the FAA's Remote ID rule, which acts as a "digital license plate" for most drones. By using detection systems that cross-reference the broadcasted Remote ID with your pre-approved fleet list, you gain crucial situational awareness by distinguishing authorized inspection drones from unauthorized air traffic.
• Layered Defense (Malicious or Non-Compliant Drones): Not all drones comply with Remote ID. If your risk assessment indicates a problem with malicious actors or you observe drones not being picked up by Remote ID receivers, you may need to invest in a more comprehensive solution. Your system should be capable of identifying non-broadcasting drones and their pilots by incorporating passive detection layers, such as:
• Radio Frequency (RF) Spectrum Sensing: These systems passively listen for the unique command-and-control signals between the drone and its controller, enabling the identification and location of non-compliant or "dark" aircraft.
• Radar or Acoustic Sensors: These technologies provide additional layers to ensure comprehensive coverage against the most sophisticated threats.
• The Goal: The primary function of your detection system is to provide immediate, precise awareness. It identifies the drone's type, path, and, most importantly, the pilot's location. This intelligence allows your security team or local law enforcement to dispatch to the operator and determine their intentions, facilitating the safe resolution of the incident.

2. Establish Clear Law Enforcement Coordination

• Report the Incident: Train security personnel on the immediate response protocol. This protocol should include dispatching your own security personnel to the pilot's location while simultaneously contacting local law enforcement. Crucially, they must report the activity as a violation of state criminal law (if applicable), not merely an aviation safety issue.
• Documentation is Key: Use your detection technology and security cameras to record key evidence for police, including the time, altitude, drone type, and the suspected location of the pilot, to aid in prosecution based on state statutes. Your detection data is the evidence.

3. Audit and Leverage State Law

• Confirm the specific state laws that criminalize drone flights over your power plants and energy transmission infrastructure.
• Post Signage Based on Law: In jurisdictions where state law prohibits flight over your assets, place highly visible signage ("No Drone Zone - State Law Prohibits Flight Over Critical Infrastructure") at your facilities to provide clear legal notice to any potential pilot.
  
  

Part IV: What If State Law Doesn't Help? Leveraging Other Defenses

If your utility operates in a state without specific laws prohibiting drone overflights, your focus shifts to legal advocacy and cooperation with federal agencies to mitigate risk.

1. Enforce Land Use and Trespass: While states cannot restrict the airspace, they can restrict where drones are launched from or land. You maintain the right to enforce property laws on your land. Restrict access and clearly mark all utility property to indicate that drone takeoffs and landings are prohibited under trespass laws.
2. Document for Federal Action: Even if local police cannot make an arrest under state law, every suspicious drone incident should be fully documented and reported to the FAA and the local FBI field office. The evidence gathered by your detection systems can be used by federal agencies to pursue violations of FAA safety rules or criminal surveillance laws.
3. Advocate for New Laws: Work with industry groups and state legislators to lobby for critical infrastructure protection legislation that closes the legal gap in your state, aligning it with the stricter criminal statutes already adopted by states like New Jersey and Florida.

By combining legally compliant drone detection methods with strong procedures to enforce state laws, your utility company can protect critical assets and respond effectively to unauthorized drones.

As drone activity grows, using the right mix of technology and policy keeps your facilities safe, reliable, and ready for what’s ahead.

Drone Power Plant FAQs

1. Why are drones a threat to power plants and energy infrastructure?
Drones can bypass fences and other physical barriers, carry payloads such as cameras or contraband, and even cause physical damage or interference with operations. They introduce new security and safety challenges that traditional perimeter systems cannot address.

2. Are drone flights over power plants illegal?
It depends on the state. While the FAA controls U.S. airspace and generally permits flight unless restricted, several states—including New Jersey, Tennessee, Florida, and Louisiana—have made it a criminal offense to fly drones over critical infrastructure like power plants or substations.

3. Can power plants legally stop or disable drones?
No. Federal law prohibits private entities from jamming, shooting down, or otherwise interfering with aircraft, including drones. Power plant operators must rely on detection, documentation, and coordination with law enforcement to respond to threats.

4. What technologies are used for drone detection?
Legal detection methods include Remote ID receivers, radio frequency (RF) sensing, radar, and acoustic sensors. These systems help identify both compliant and “dark” (non-broadcasting) drones and locate their pilots in real time.

5. What should facility operators do if they detect a drone nearby?
Follow established response protocols: record details using your detection system, identify the pilot’s location if possible, notify local law enforcement, and document the event for potential FAA or FBI reporting.

6. How can utilities protect themselves in states without drone overflight laws?
They can enforce trespass laws for drone takeoffs or landings on their property, document all incidents, and report suspicious activity to federal authorities. Utilities can also advocate for new state legislation modeled on existing critical infrastructure protections.

7. What is Remote ID, and how does it help with drone security?
Remote ID acts as a digital license plate for drones, broadcasting identification and flight information. Detection systems use Remote ID data to distinguish authorized inspection drones from unauthorized or potentially malicious ones. Learn more about Remote ID here.