Counter-UAS Legislation 2026: Who Can Detect Drones?
It's 7 a.m. and your security operations center flags an unidentified drone hovering over the data hall at your largest campus. It's been there for ten minutes. Someone on the team asks the obvious question: can we take it down?
The honest answer, for almost every private company in the United States, is no. And that answer is more complicated than it looks, because 2026 has been a big year for counter-UAS legislation. New federal law and a new federal rule now give state and local police real authority to detect and stop drones. But the people who own and run most critical facilities weren't part of that package. This article explains what changed, what didn't, and what enterprise security directors can do right now without breaking the law.
A quick note before we start: this is general information, not legal advice. Counter-drone law touches criminal, surveillance and communications statutes, and state rules vary. Talk to counsel before buying or deploying anything.
Counter-UAS Legislation in 2026: The Short Version
Four developments matter most.
The SAFER SKIES Act (December 2025). Passed as part of the FY2026 NDAA and signed December 18, 2025, it extends counter-UAS authority beyond federal agencies to state, local, tribal and territorial (SLTT) law enforcement and correctional agencies. Authority covers drones that pose a credible threat to people, critical infrastructure, major public events or prisons.
A new implementing rule (July 2026). An interim final rule published in the Federal Register on July 6, 2026, effective July 1, set the framework for how those agencies detect, track and mitigate drones. Comments ran through September 4, 2026.
A Senate bill for critical infrastructure operators. The Critical Infrastructure Airspace Defense Act, introduced by Sen. Tom Cotton in April 2026, would let designated critical infrastructure operators detect, track and mitigate drones, under strict conditions. It hasn't passed.
An FAA proposal on flight restrictions. In May 2026, the FAA proposed a Section 2209 rule that would let owners of fixed-site critical infrastructure request drone flight restrictions near their facilities. Comments closed July 6, 2026.
Notice the pattern. The enacted law helps police. The proposals for enterprises are still proposals.
Why Enterprises Are Still Mostly Left Out
Federal law treats drones as aircraft. That has big consequences for private companies.
In August 2020, the Justice Department, DHS, FAA and FCC issued a joint legal advisory on drone detection and mitigation technologies. Its core warning still applies. Federal laws may "prevent, limit, or penalize the sale, possession, or use" of these technologies by entities without specific statutory authority.
The advisory breaks the risk into two buckets.
Mitigation is off the table. Jamming, spoofing, hijacking, or damaging a drone can violate the Aircraft Sabotage Act (18 U.S.C. 32), the Computer Fraud and Abuse Act (18 U.S.C. 1030), and the Aircraft Piracy Act (49 U.S.C. 46502). Mitigation authority has historically sat with a short list of federal agencies. Private security teams don't have it.
Even detection can create legal risk. Some detection methods listen to the radio link between a drone and its pilot. The advisory warns that this can implicate the Wiretap Act (18 U.S.C. 2510 and following) and the Pen/Trap statute (18 U.S.C. 3121 to 3127). By contrast, methods such as radar, infrared and acoustic sensing raise fewer concerns, according to the advisory.
That's the key distinction for security directors. "Detection" isn't one thing. How you detect matters as much as whether you detect.
What the SAFER SKIES Act and the 2026 Rule Actually Do
The July 2026 rule creates a two-tier system for government agencies.
Detection and warning tier. Agencies may detect, identify, monitor and track drones, and warn operators, by passive or active means. Personnel complete online certification through the FBI's training portal.
Mitigation tier. Agencies may disrupt, disable, take control of or use force against drones, but only after in-person training at the FBI's National Counter-UAS Training Center.
Other requirements include:
Use of technologies from an Authorized Technologies List or Authorized Systems List.
Operations plans submitted through a federal portal that routes information to the FBI, FAA and FCC. The FAA process is "coordination, not approval," but agencies can't operate until the plan is approved.
Privacy limits, including a 180-day data retention cap with narrow exceptions.
Reporting of mitigation actions to DOJ and DHS within 48 hours.
Two details matter for enterprises. First, the statute excludes contractors from operating mitigation systems, though vendors can provide support, training and maintenance. Second, the rule doesn't create rights or obligations for private facility owners. It doesn't give your security team authority. It does mean the local police department that protects your area may soon have it, which makes relationships with them more valuable.
What's Pending: Two Proposals Worth Watching
The Critical Infrastructure Airspace Defense Act. According to reporting on the bill, it would give designated critical infrastructure operators, such as nuclear stations, substations and bulk power control centers, authority to detect, track and mitigate drone threats. Only federally trained and certified personnel could use it, and only with technologies on a jointly authorized list. It would authorize $250 million in grants for fiscal years 2027 through 2031 and expire September 30, 2031. It was introduced in April 2026, and we haven't seen evidence that it has advanced beyond that.
The FAA Section 2209 proposed rule. This one is about airspace, not countermeasures. Operators of permanent, fixed-site facilities in 16 critical infrastructure sectors, including energy, chemical facilities, transportation hubs and state prisons, could apply to restrict drone flights near their sites. The FAA estimated about 125,000 potentially eligible facilities and expects more than 9,000 applications over five years. Standard restrictions would typically top out at 400 feet above ground and stay within the property boundary. Applicants would need to show a need through drone traffic data, vulnerabilities, existing security measures and Remote ID capability.
Both could change what's available to you. Neither is something to count on yet. Check their current status before you plan around them.
What Enterprise Security Directors Can Do Today
You can't mitigate. You can still build a strong, legal program.
Get a legal review of your detection approach. Ask counsel which sensing methods your system uses and whether any capture or record communications. Do this before you buy, not after.
Favor non-communications sensing where it fits. Radar, electro-optical, infrared and acoustic methods generally raise fewer concerns than capturing drone-to-pilot signals, according to the 2020 advisory. Your counsel should confirm for your situation.
Document everything. Time-stamped records of drone activity near your sites support reports to law enforcement and the FAA, insurance claims and, down the road, a Section 2209 application.
Write a response playbook. Decide who gets alerted, who calls law enforcement, and what your team will not do. "Don't try to take it down" belongs in writing.
Build relationships with local law enforcement. With SLTT agencies now authorized under the new rule, they're the ones who can act on a credible threat. Know who to call and what information they'll want.
Watch the FAA process. If your facility falls under a critical infrastructure sector, a Section 2209 designation may become a useful layer.
Report incidents. Reports help build the record that supports policy changes and your own case.
What Counter-UAS Legislation Means for Detection Programs
The practical takeaway is that detection and documentation are where the private sector can add value today, and where a managed program makes the most sense.
LandSkyAI's AirGuard service focuses on detection, geolocation and managed monitoring of unauthorized drones. It doesn't mitigate, and we don't recommend any private entity try to. The aim is simple: know when something is overhead, know where it came from, keep the record, and get the right information to the right people quickly.
Because the legal landscape is evolving, we also encourage every customer to have counsel review the details of any detection setup. We're happy to work alongside your legal and compliance teams.
What We Can't Tell You
We'd rather be upfront about the limits.
We can't give legal advice. The statutes involved are criminal, and state laws differ.
Detection isn't mitigation. Knowing a drone is there doesn't stop it. Response depends on law enforcement or on authorized agencies.
The picture is moving. The interim final rule, the Cotton bill and the FAA proposal could each change in the coming months.
Not every site has the same risk. A data center, a refinery and a distribution center face different threats and have different options.
Why LandSkyAI for Counter-UAS Detection
Security directors shouldn't have to become aviation lawyers to protect their sites. LandSkyAI runs fully managed autonomous drone and robotic security, including AirGuard detection, and we hold BVLOS (beyond visual line of sight) authorizations in the United States, with more than 100,000 drone patrols completed. We're hardware agnostic, and we design programs around what's legal and what's useful for your facility.
Ready to Build a Drone Detection Plan That Holds Up?
If you're responsible for a campus, a plant or a critical facility, we'd like to talk through your exposure, your reporting needs and where detection fits. We'll help you build a plan that works within the law as it stands, and adapts as counter-UAS legislation develops.
Did you find this article useful? Are you interested in seeing us in action?
MissionControl is LandSkyAI’s ongoing town hall style webinar where you can get to know who we are, what we do, and how we’ve built our autonomous security programs. We also conduct a fully live remote drone demo, every time!
Our next event is on Wednesday, October 28th, 2026
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