Wis. Stat. § 114.045: Limitation on the operation of drones.

(1b) In this section:

(a) “Private school” has the meaning given in s. 115.001 (3r).

(b) “Public protective services agency” means a law enforcement agency, a tribal law enforcement agency, or a fire protection or emergency medical services agency.

(c) “Public school” means an elementary or high school. “Public school” includes a charter school.

(d) “School” means a public school, private school, or tribal school.

(e) “Tribal school” has the meaning given in s. 115.001 (15m).

(1e)

(a) In this subsection:

1. “Facility” does not include an electric transmission line or any other equipment or structure used solely to carry electric power or another product.

2. “Management” means operations related to the generation or delivery of the service or product provided. “Management” does not include sales of the service or product or administration of the entity providing the service or product.

(am) Except as provided in par. (b) or (c), no person may operate a drone, as defined in s. 941.292 (1), at an altitude of less than 300 feet, over or within 500 feet of a parcel on which of any of the following facilities are located:

1. A water reclamation facility or a building designed for the purpose of water reclamation conveyance management.

2. A gas or electric power plant, generating station, electric substation, natural gas gate station, or storage facility or a building designed for the purpose of gas or electric power management.

3. A telecommunications carrier plant or a building designed for the purpose of telecommunications management.

3m. A facility of a provider of Internet service, a video service provider, as defined in s. 196.01 (12r), or a provider of cable service, as defined in s. 196.01 (1p).

4. A public water system facility or a building designed for the purpose of public water system management.

5. A petroleum refinery or a building or other facility designed for the management of petroleum refining, including a storage facility or, if connected to a crude oil or refined product pipeline, a pump station.

(b) Paragraph (am) does not prohibit the operation of a drone at the direction of any of the following for official business:

1. The owner or operator of the facility for the purpose of monitoring, inspecting, operating, or maintaining the facility.

2. A county, city, village, or town in which the parcel is located in any area under its jurisdiction.

(c) Paragraph (am) does not prohibit the operation of a drone for a commercial purpose if the drone is operated in compliance with federal aviation administration regulations, authorizations, or exemptions.

(1m) No person may operate a drone, as defined in s. 941.292 (1), in any of the following manners:

(a) Over a correctional institution, as defined in s. 801.02 (7) (a) 1., including any grounds of the institution, except that a person may operate a drone over an institution that is a state facility with the express authorization of the secretary of corrections or his or her designee or over an institution that is a county facility with the express authorization of the sheriff of the county or his or her designee.

(b) Over a property owned by a school or on which a school is located during periods when the school is open to pupils for instruction or when the property is being used for an event approved by the school board, governing board, or governing body having jurisdiction over the school, except in any of the following situations:

1. With the express authorization of the school board, governing body, or governing board having jurisdiction over the school or their designee.

2. At the direction of the sheriff or the chief of a public protective services agency having jurisdiction over the territory on which the school property is located for any of the following purposes:

a. To assist in an active search and rescue operation.

b. To locate an escaped prisoner.

c. To surveil a place or location for the purpose of executing an arrest warrant.

d. When a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

(2) Any person who violates sub. (1e) or (1m) may be required to forfeit not more than $5,000.

(3)

(a) A law enforcement officer investigating an alleged violation of sub. (1m) shall seize any photograph, motion picture, other visual representation, or data that represents a visual image that was created or recorded by a drone during an alleged violation of sub. (1m).

(b) Items seized under par. (a) shall be, for a violation under sub. (1m) (a), transferred to the department of corrections or authority in charge of the correctional institution or, for a violation under sub. (1m) (b), transferred to or retained by a law enforcement agency having jurisdiction over the territory on which the school property is located.

(c) A law enforcement officer investigating an alleged violation of sub. (1e) shall seize and do all of the following with any photograph, motion picture, or other visual representation, or data that represents a visual image that was created or recorded by a drone during an alleged violation of sub. (1e):

1. Transfer the materials to the law enforcement agency that has primary responsibility for providing police protective services in the city, village, or town in which the violation occurred.

2. Upon completion of any enforcement proceeding related to an alleged violation of sub. (1e), provide copies of the materials to each city, village, town, or county in which the violation occurred.

(4) The school board or other governing board or body shall respond to a request for authorization under sub. (1m) (b) 1. within 5 business days of receiving the request.