Rights to operate

(a) Prohibition (1) In general Subject to subsection (b), a State, local, or Tribal government may not adopt, maintain, or enforce any law, rule, or standard that unreasonably or substantially impedes— (A) the ascent or descent of an unmanned aircraft system, operated by a commercial operator, to or from the navigable airspace in the furtherance of a commercial activity; or (B) a civil unmanned aircraft from reaching navigable airspace where operations are permitted. (2) Unreasonable or substantial impediment For purposes of paragraph (1), an unreasonable or substantial impediment with respect to civil unmanned aircraft includes— (A) a complete and total ban on overflights of civil unmanned aircraft over the entirety of airspace within a State, local, or Tribal government’s jurisdiction; and (B) a combination of prohibitions or restrictions on overflights within airspace under a State, local, or Tribal government’s jurisdiction such that it is nearly impossible for civil unmanned aircraft to reach the navigable airspace. (b) Rules of construction Nothing in subsection (a) may be construed to prohibit a State, local, or Tribal government from— (1) adopting, maintaining, or enforcing laws, rules, or standards that regulate unmanned aircraft systems below 200 feet above ground level; or (2) prescribing emergency procedures for a civil unmanned aircraft system descending into an area 200 feet above ground level.