Ark. Code Ann. § 27-118-101 — Use of unmanned aircraft system to capture image

(a) As used in this section, “unmanned aircraft system” means the same as defined in § 5-60-103.

(b) It is lawful to capture an image using an unmanned aircraft system in this state:(1) For the purposes of professional research, scholarly research and development, educational, agricultural, or athletic purposes, gathering data for modeling, or the collection of data to further a body of knowledge by a person acting on behalf of an institution of higher education or the Arkansas State Game and Fish Commission, including without limitation a person who is:(A) A professor, an employee, or a student of the institution of higher education;(B) Under contract with or otherwise acting under the direction of or on behalf of the institution of higher education; or(C) A biologist of the Arkansas State Game and Fish Commission;(2) In airspace designated as a test site or range authorized by the Federal Aviation Administration for the purpose of integrating unmanned aircraft systems into the national airspace;(3) As part of an operation, exercise, or mission of the United States Armed Forces;(4) If the image is captured by a satellite for the purposes of mapping;(5) If the image is captured by or for an electric utility, natural gas utility, or water and wastewater utility:(A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity;(B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of the utility facilities;(C) For assessing vegetation growth for the purpose of maintaining clearances on utility easements; and(D) For utility facility routing and siting for the purpose of providing utility service;(6) With the consent of the individual who owns or lawfully occupies the real property captured in the image;(7) Pursuant to a valid search warrant executed by the following:(A) The Arkansas State Game and Fish Commission;(B) A Division of Arkansas State Police officer;(C) A sheriff;(D) The Arkansas Highway Police Division of the Arkansas Department of Transportation; or(E) A city or county law enforcement officer;(8) If the image is captured by a law enforcement agency or a person who is under contract with or otherwise acting under the direction of or on behalf of a law enforcement agency:(A) In immediate pursuit of a person that law enforcement officers have reasonable suspicion or probable cause to suspect has committed an offense;(B) For the purpose of investigating a crime scene or documenting a crime scene where an offense has been committed;(C) For the purpose of investigating the scene of a:(i) Human fatality;(ii) Motor vehicle accident, boating accident, or hunting accident causing death or serious bodily injury to a person;(iii) Motor vehicle accident on a state highway or federal interstate or highway; or(iv) Boating accident on public waters of this state;(D) In connection with the search for a missing person; (E) For the purpose of conducting a high-risk tactical operation that poses a threat to human life;(F) Of private property that is generally open to the public when the property owner consents to law enforcement public safety activities; or(G) For the purpose of conducting a search and rescue operation;(9) If the image is captured by a state or local law enforcement agency, or a person who is under contract with or otherwise acting under the direction of or on behalf of a state or local law enforcement agency, for the purpose of:(A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;(B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or(C) Conducting routine air quality sampling and monitoring, as provided by state or local law;(10) At the scene of a spill, or a suspected spill, of hazardous materials;(11) For the purpose of fire suppression;(12) For the purpose of rescuing a person whose life or well-being is in imminent danger;(13) If the image is captured by an Arkansas-licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;(14) From a height no more than eight feet (8') above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception;(15) Of public real property or property of a state-supported institution of higher education or a person on the public real property or property of a state-supported institution of higher education;(16) If the image is captured:(A) By the owner or operator of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities; and(B) Without the intent to conduct surveillance on an individual or real property;(17) In connection with oil pipeline safety and rig protection;(18) In connection with port authority surveillance and security;(19) By an assessor with the consent of the owner of the property;(20) By a surveyor within the Department of Shared Administrative Services for mapping and land surveying tasks;(21) If the image is captured by an employee, consultant, contractor, or other person acting on behalf of the Arkansas Department of Transportation, State Highway Commission, Arkansas Highway Police Division of the Arkansas Department of Transportation, or a city or county department of public works;(22) If the image is captured by an employee of an insurance company or an affiliate of an insurance company in connection with the underwriting of an insurance policy, or the rating or adjusting of an insurance claim, regarding real property or a structure on real property;(23) By an engineer or surveyor licensed in the State of Arkansas for the purpose of:(A) Mapping and land surveying tasks;(B) Collecting geographical information system data supporting public or private infrastructure;(24) For the operation by or on behalf of an owner or operator of a critical infrastructure facility for the purpose of siting, deploying, inspecting, monitoring, operating, or maintaining the critical infrastracture facility; or(25) If the image is captured by the Arkansas State Game and Fish Commission while conducting fish, wildlife, or habitat surveys or if reasonable suspicion exists that a violation of an Arkansas State Game and Fish Commission regulation has occurred or is about to occur.

(1) For the purposes of professional research, scholarly research and development, educational, agricultural, or athletic purposes, gathering data for modeling, or the collection of data to further a body of knowledge by a person acting on behalf of an institution of higher education or the Arkansas State Game and Fish Commission, including without limitation a person who is:(A) A professor, an employee, or a student of the institution of higher education;(B) Under contract with or otherwise acting under the direction of or on behalf of the institution of higher education; or(C) A biologist of the Arkansas State Game and Fish Commission;

(A) A professor, an employee, or a student of the institution of higher education;

(B) Under contract with or otherwise acting under the direction of or on behalf of the institution of higher education; or

(2) In airspace designated as a test site or range authorized by the Federal Aviation Administration for the purpose of integrating unmanned aircraft systems into the national airspace;

(3) As part of an operation, exercise, or mission of the United States Armed Forces;

(4) If the image is captured by a satellite for the purposes of mapping;

(5) If the image is captured by or for an electric utility, natural gas utility, or water and wastewater utility:(A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity;(B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of the utility facilities;(C) For assessing vegetation growth for the purpose of maintaining clearances on utility easements; and(D) For utility facility routing and siting for the purpose of providing utility service;

(A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity;

(B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of the utility facilities;

(D) For utility facility routing and siting for the purpose of providing utility service;

(6) With the consent of the individual who owns or lawfully occupies the real property captured in the image;

(7) Pursuant to a valid search warrant executed by the following:(A) The Arkansas State Game and Fish Commission;(B) A Division of Arkansas State Police officer;(C) A sheriff;(D) The Arkansas Highway Police Division of the Arkansas Department of Transportation; or(E) A city or county law enforcement officer;

(A) The Arkansas State Game and Fish Commission;

(B) A Division of Arkansas State Police officer;

(D) The Arkansas Highway Police Division of the Arkansas Department of Transportation; or

(E) A city or county law enforcement officer;

(8) If the image is captured by a law enforcement agency or a person who is under contract with or otherwise acting under the direction of or on behalf of a law enforcement agency:(A) In immediate pursuit of a person that law enforcement officers have reasonable suspicion or probable cause to suspect has committed an offense;(B) For the purpose of investigating a crime scene or documenting a crime scene where an offense has been committed;(C) For the purpose of investigating the scene of a:(i) Human fatality;(ii) Motor vehicle accident, boating accident, or hunting accident causing death or serious bodily injury to a person;(iii) Motor vehicle accident on a state highway or federal interstate or highway; or(iv) Boating accident on public waters of this state;(D) In connection with the search for a missing person; (E) For the purpose of conducting a high-risk tactical operation that poses a threat to human life;(F) Of private property that is generally open to the public when the property owner consents to law enforcement public safety activities; or(G) For the purpose of conducting a search and rescue operation;

(A) In immediate pursuit of a person that law enforcement officers have reasonable suspicion or probable cause to suspect has committed an offense;

(B) For the purpose of investigating a crime scene or documenting a crime scene where an offense has been committed;

(C) For the purpose of investigating the scene of a:(i) Human fatality;(ii) Motor vehicle accident, boating accident, or hunting accident causing death or serious bodily injury to a person;(iii) Motor vehicle accident on a state highway or federal interstate or highway; or(iv) Boating accident on public waters of this state;

(i) Human fatality;

(ii) Motor vehicle accident, boating accident, or hunting accident causing death or serious bodily injury to a person;

(iii) Motor vehicle accident on a state highway or federal interstate or highway; or

(iv) Boating accident on public waters of this state;

(D) In connection with the search for a missing person;

(E) For the purpose of conducting a high-risk tactical operation that poses a threat to human life;

(F) Of private property that is generally open to the public when the property owner consents to law enforcement public safety activities; or

(G) For the purpose of conducting a search and rescue operation;

(9) If the image is captured by a state or local law enforcement agency, or a person who is under contract with or otherwise acting under the direction of or on behalf of a state or local law enforcement agency, for the purpose of:(A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;(B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or(C) Conducting routine air quality sampling and monitoring, as provided by state or local law;

(A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;

(B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or

(10) At the scene of a spill, or a suspected spill, of hazardous materials;

(11) For the purpose of fire suppression;

(12) For the purpose of rescuing a person whose life or well-being is in imminent danger;

(13) If the image is captured by an Arkansas-licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;

(14) From a height no more than eight feet (8') above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception;

(15) Of public real property or property of a state-supported institution of higher education or a person on the public real property or property of a state-supported institution of higher education;

(16) If the image is captured:(A) By the owner or operator of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities; and(B) Without the intent to conduct surveillance on an individual or real property;

(A) By the owner or operator of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities; and

(B) Without the intent to conduct surveillance on an individual or real property;

(17) In connection with oil pipeline safety and rig protection;

(18) In connection with port authority surveillance and security;

(19) By an assessor with the consent of the owner of the property;

(20) By a surveyor within the Department of Shared Administrative Services for mapping and land surveying tasks;

(21) If the image is captured by an employee, consultant, contractor, or other person acting on behalf of the Arkansas Department of Transportation, State Highway Commission, Arkansas Highway Police Division of the Arkansas Department of Transportation, or a city or county department of public works;

(22) If the image is captured by an employee of an insurance company or an affiliate of an insurance company in connection with the underwriting of an insurance policy, or the rating or adjusting of an insurance claim, regarding real property or a structure on real property;

(23) By an engineer or surveyor licensed in the State of Arkansas for the purpose of:(A) Mapping and land surveying tasks;(B) Collecting geographical information system data supporting public or private infrastructure;

(A) Mapping and land surveying tasks;

(B) Collecting geographical information system data supporting public or private infrastructure;

(24) For the operation by or on behalf of an owner or operator of a critical infrastructure facility for the purpose of siting, deploying, inspecting, monitoring, operating, or maintaining the critical infrastracture facility; or

(25) If the image is captured by the Arkansas State Game and Fish Commission while conducting fish, wildlife, or habitat surveys or if reasonable suspicion exists that a violation of an Arkansas State Game and Fish Commission regulation has occurred or is about to occur.