Before anyone flies a drone over an active construction site in Michigan, require five things in writing: a current FAA Part 107 remote pilot certificate, a Remote ID compliant aircraft, any airspace authorization the address needs, a certificate of insurance backed by the endorsements your contract calls for, and a flight plan your superintendent has approved. Then put the pilot through site orientation like any other trade. The FAA governs the aircraft. Your contract, your safety plan and MIOSHA govern everything on the ground.
This is general information, not legal advice. Confirm requirements with your counsel, insurer and the FAA before you rely on them.
For cadence, matching angles and deliverables, see our construction progress guide. This page covers safety and compliance.
The certificate, and whether it is current
Anyone acting as remote pilot in command must hold a remote pilot certificate with a small UAS rating, under 14 CFR 107.12. A second person can handle the controls only under the direct supervision of a certificated pilot who can take over immediately.
Section 107.65 says a pilot may not use the certificate unless they passed the knowledge test or completed recurrent training within the previous 24 calendar months. The FAA’s remote pilot page lists the recurrent course as online and free. Ask for the completion date, not just a copy of the card.
Pilots must carry the certificate and identification while flying under §107.7. Our guide to hiring a drone pilot in Michigan shows how to look a pilot up in the FAA’s database.
Flying over crews and moving equipment
This is the rule that shapes every construction flight. Under 14 CFR 107.39, no one may fly a small drone over a person unless that person is directly participating in the operation, is under a covered structure or inside a stationary vehicle that offers reasonable protection, or the flight meets one of the operations-over-people categories in Subpart D.
The exception is for people directly participating in the flight. Your laborers, ironworkers and inspectors are working the job, not the drone, so plan as if the rule applies to them.
The categories are narrow. On a closed or restricted-access site, Category 3 allows flight over people only if everyone there is on notice that a drone may fly over them, and only with an aircraft that is listed on an FAA-accepted declaration of compliance and labeled for Category 3. A pilot who plans to rely on it should name the aircraft and show the label.
Equipment operators raise a separate rule. Section 107.145 bars flight over people inside moving vehicles unless the aircraft qualifies for one of the operations-over-people categories. Even then, a Category 1, 2 or 3 aircraft must either stay within or over a closed or restricted-access site where those drivers are on notice, or avoid sustained flight over moving vehicles. On a busy site, that means loaders, haul trucks and lifts on the access road.
The practical answer. Ask for a sketch of the routes. A good operator plans capture points along the perimeter and over areas the superintendent has cleared, and times passes for breaks or shift changes, rather than counting on a category exemption.
Remote ID
Since September 16, 2023, 14 CFR 89.105 has required drones in U.S. airspace to meet the Remote ID rule unless the FAA authorizes otherwise. The FAA’s Remote ID page gives operators three options: buy a drone with Remote ID built in, attach a broadcast module, or fly only inside an FAA-recognized identification area (FRIA). On a jobsite, that means built-in Remote ID or a module. Ask which.
Airspace around Detroit-area airports
Under §107.41, a drone may not fly in Class B, C or D airspace, or in Class E surface areas around an airport, without prior air traffic control authorization. The usual route is LAANC, which the FAA says gives Part 107 pilots access to controlled airspace at or below 400 feet, and says pilots can submit near real-time authorization requests. Flights above the altitude set for a location go through a “further coordination” request that can be filed up to 90 days ahead.
We checked the FAA’s Class Airspace dataset for the four airports that matter most to Metro Detroit projects:
| Airport | FAA ID | Airspace in the FAA data | What it means for a site |
|---|---|---|---|
| Coleman A. Young International (City Airport) | DET | Class D, surface to 3,100 feet MSL | Sites inside the ring need authorization before any flight |
| Detroit Metropolitan Wayne County | DTW | Class B, with a segment starting at the surface | Close to the airport, authorization is required from the ground up |
| Willow Run | YIP | Class D, surface to 3,000 feet MSL | Authorization required inside the ring |
| Oakland County International | PTK | Class D (listed as Pontiac), surface to 3,500 feet MSL | Authorization required inside the ring |
Ceilings inside each ring vary by grid square, and some squares near runways allow no automated approval at all. Give the operator the exact address early and ask what altitude the grid allows. Our Detroit drone rules guide maps which neighborhoods sit inside City Airport’s Class D.
Game days downtown
The FAA bans drone flights within 3 nautical miles of a covered stadium starting one hour before a Major League Baseball, NFL or NCAA Division I football game, or certain major auto races, and ending one hour after. Comerica Park and Ford Field put every downtown, Corktown and Midtown jobsite inside that circle on game days. Build the home schedule into your flight calendar. Our stadium TFR guide has distances and a planning method.
Michigan law
Michigan’s Unmanned Aircraft Systems Act, 2016 PA 436, took effect April 4, 2017. Three sections matter on a jobsite:
- MCL 259.305 leaves drone flight rules to the state and federal government. Outside narrow exceptions written into the statute, a local unit cannot pass its own ordinance on drone ownership or operation. Permission to launch from the property still comes from the owner.
- MCL 259.311 lets an FAA-authorized commercial operator fly in Michigan as long as the flight follows federal law.
- MCL 259.322 makes it a misdemeanor to use a drone to harass someone or to capture photos, video or audio of a person in a way that invades their reasonable expectation of privacy. MCL 259.323 makes a violation punishable by as much as 90 days in jail and a $500 fine.
The same act limits state regulators. Under MCL 259.307, a state department or agency, or a contractor working for one, may not use a drone to inspect a facility it permits or licenses without the owner’s or operator’s express consent, a warrant, an imminent threat, or an infrastructure exception. Data from such a flight must be given to the owner on request.
Where OSHA and MIOSHA fit
There is no OSHA construction standard written specifically for drones. What OSHA has published is a 2018 memo on how its own inspectors may use drones, now marked as an archive document that may no longer reflect policy. It said OSHA would get the employer’s express consent before flying on an inspection and notify personnel on site before launch. Its recommended pre-flight plan is a useful template for any drone flight on your site: employer consent, notice to affected workers, site-specific hazards such as cables, antennas and vehicles, a job hazard analysis, a simple sketch of the routes, two-way radios where needed, and abort procedures.
The drone crew is also subject to the site’s own rules. Michigan runs its own program: according to OSHA’s Michigan State Plan page, MIOSHA covers private-sector workplaces in the state. Its Construction Safety Standard Part 6 adopts the federal head protection rule, 29 CFR 1926.100, which requires hard hats where there is danger from falling or flying objects. That describes nearly any active site.
Writing the drone into the site safety plan
The FAA already expects the pilot to do part of this. Section 107.49 requires the pilot to assess weather, airspace, the location of people and property, and other ground hazards before each flight, and to brief everyone directly participating. Section 107.19 makes the pilot responsible for ensuring the aircraft poses no undue hazard to people or property if control is lost. Your job is to fold that into your plan.
- A launch and recovery area. Pick a spot away from traffic lanes and overhead loads, and barricade or flag it.
- An exclusion zone under the routes. Mark where the aircraft will fly low and keep people clear during the pass, or schedule flights when that area is empty.
- Crane coordination. Share the day’s lift schedule with the pilot. The aircraft stays clear of booms, loads and rigging, and no flight happens during a pick unless the operator and the crane crew have planned it together.
- A radio channel and one point of contact. The pilot should be able to reach the superintendent or a designated spotter, and the site should be able to call a stop.
- Notice to the crews. Announce flight times at the morning huddle.
Insurance: get the endorsement, not just the certificate
Part 107 contains no insurance requirement. Your contract probably does. Ask for the same coverage types your subcontract requires of other trades, and ask the operator’s broker to confirm in writing that the liability policy covers drone operations, since some operators carry a separate aviation policy for that.
Read the fine print on the certificate itself. The standard ACORD 25 certificate of liability insurance says it is issued “as a matter of information only” and confers no rights on the certificate holder. It also states that if the holder is an additional insured, the policy must be endorsed. The form has sections for general liability, auto, umbrella and workers compensation, so you can see at a glance what is and is not covered. If the GC and the owner need additional insured status, ask for the endorsement pages along with the certificate, and check the dates cover every scheduled flight. Your insurer or broker should set the required limits, not the drone company.
Orientation, PPE and check-in
Treat the drone crew as a short-duration trade. They should complete your site orientation, sign in and out, and wear whatever PPE your site requires, typically a hard hat, vest, eye protection and safety boots. Every visit should start with a check-in with the superintendent covering what changed since the last flight: new crane positions, open excavations, temporary power lines, deliveries.
Neighbors, privacy and data
A drone over your site also sees the properties next door. Michigan’s privacy provision in MCL 259.322 applies to the flight like any other. Ask the operator to frame shots on the project, avoid lingering on adjacent homes, and blur or cut identifiable people and plates from anything published.
Set the data terms in the contract:
- Who owns the files, or what license the GC and owner receive.
- Where files are stored and who has access, including lenders and marketing partners.
- Whether security-sensitive views, such as utility rooms, access points or tenant spaces, are excluded from public use.
- How long raw files are kept.
The checklist
| Requirement | What to ask for | Why |
|---|---|---|
| Remote pilot certificate | Name of the pilot in command and a copy of the certificate | Required under 14 CFR 107.12 |
| Recency | Date of last knowledge test or recurrent training | Must be within 24 calendar months under §107.65 |
| Remote ID | Standard Remote ID aircraft or broadcast module | Required under 14 CFR Part 89 |
| Airspace | Airspace class for the address and a LAANC or FAA authorization if needed | §107.41 for Class B, C and D |
| Flight restrictions | Check of stadium and event TFRs for each flight date | 3 NM stadium restriction downtown |
| Over-people plan | Route sketch, or the aircraft’s category label if relying on Subpart D | §107.39 and §107.145 |
| Site safety plan | Launch area, exclusion zones, crane coordination, radio contact | §107.49 and your own plan |
| Insurance | COI plus additional insured endorsement pages | The certificate alone confers no rights |
| Orientation and PPE | Completed site orientation, required PPE | MIOSHA construction standards |
| Privacy | Framing limits for neighboring property | MCL 259.322 |
| Data | Ownership, access, retention and restricted views in writing | Avoids disputes and leaks |
| Incident reporting | Who reports what, and to whom | §107.9 requires an FAA report within 10 days for serious injury or most property damage above $500 |
For a general first-call script, see our 15 questions to ask a drone company.
How we handle this at RAW Digital Group
Our pilots hold FAA Part 107 remote pilot certificates. Before a first flight we check the site’s airspace and the game-day calendar, complete your orientation, and agree on launch points and flight windows with the superintendent. Our construction drone photography service starts at $600 for a single visit, or from $995 a month for two scheduled flights with a six-month minimum. Send us the address, the GC’s insurance requirements and your schedule, and we will tell you what the site needs before anything is booked.