Summary — HB 5321 (State Geofencing Act) — Aeronautics: unmanned aircraft systems
Status and timeline
- Filed earlier in 2025 (record shows March 14, 2025) and formally introduced as a House bill on December 2, 2025 by Rep. Luke Meerman.
- Read a first time and referred to the House Committee on Transportation and Infrastructure (bill electronically reproduced 12/02/2025).
Purpose
- Establishes a statewide “state geofencing” system to identify restricted zones where operation of unmanned vehicles is prohibited, requires the state to publish and maintain that database, and creates criminal penalties for operating an unmanned vehicle within a restricted zone.
Key definitions (selected)
- “Department”: Michigan Department of Transportation (MDOT).
- “Unmanned aircraft”: as defined in the Unmanned Aircraft Systems Act (2016 PA 436, MCL 259.303).
- “Unmanned vehicle”: includes unmanned aircraft, unmanned ground vehicles, and unmanned watercraft/submersibles.
- “Restricted zone”: a flight path, takeoff/landing zone, or any other area designated as restricted by the department.
Major provisions
- State geofencing database (Sec. 5): MDOT must create, maintain, and publish a publicly accessible geofencing database of restricted zones on a department-operated website. The database must be made compatible, “to the maximum extent possible,” with unmanned vehicle geofencing hardware and software.
- Range of restricted zones (Sec. 5(2)): may include state-, local-, or privately owned critical infrastructure, and “key facilities” as defined in state law. MDOT determines which areas are restricted.
- Mobile application (Sec. 5(3)): MDOT must contract for, purchase, or develop a mobile phone app that operators must use when operating an unmanned vehicle. The app must integrate the geofencing database and notify operators when they are approaching or violating a restricted zone.
- Prohibition and penalties (Sec. 7): Operating an unmanned vehicle in a restricted zone is prohibited. Violation is a felony punishable by up to 4 years imprisonment, a fine up to $2,500, or both.
- Federal preemption (Sec. 9): The act applies only to the extent it is not preempted by federal law.
Who is affected
- Operators of unmanned aircraft, ground vehicles, and watercraft (including hobbyists and commercial operators).
- MDOT (duty to create/maintain database and supply app).
- Owners/operators of state, local, or private critical infrastructure (may be included in restricted zones).
- Law enforcement and courts (criminal enforcement).
Practical considerations and potential impacts
- May improve automated avoidance of sensitive sites through geofencing integration but raises questions about app compliance enforcement, technical accuracy/updating of restricted zones, and liability for mismatches between database and real-world conditions.
- Possible overlap/conflict with federal aviation authority (FAA) regulation of airspace; the bill limits its scope to what is not preempted by federal law.
- Resource implications for MDOT to develop/maintain the database and app and for enforcement agencies prosecuting violations.
This summary focuses on substantive features of HB 5321 as introduced December 2, 2025.
