Westborough Votes 510-13 to Ban Commercial Drone Pads as Amazon Waits

Westborough, Massachusetts, has given its answer to Amazon’s plan to launch Prime Air drones from a local warehouse. At a Special Town Meeting on Monday night, October 19, voters approved a new general bylaw by 510 to 13, according to Boston.com. The bylaw bans commercial drone launch pads, landing pads and delivery drop zones anywhere in town. It isn’t in force yet, but it’s the most direct local challenge to a drone delivery hub we’ve seen this fall.

We covered the Massachusetts congressional delegation’s request for a Westborough-specific environmental review on October 15. This vote is the next step, and it comes from the town itself rather than Washington.

What the bylaw says

The measure adds Article 34, “Unmanned Aircraft Systems,” to the town’s general bylaws. Based on the October 16 version the town posted, the main pieces are:

• No commercial ground endpoints. Section 4 bars anyone from setting up or using a ground-level or rooftop staging point, launch or landing pad, nesting grid or delivery endpoint for commercial drones. It also bars any parcel or roadway from being used as a commercial drop zone. A customer’s consent can’t waive these rules.
• Hands off the airspace, on paper. Several sections say the bylaw doesn’t regulate flight routes, altitude, pilot qualifications or aircraft equipment. Those are areas the town acknowledges belong to federal law.
• A 150-foot buffer. Section 6 keeps commercial launch and landing areas at least 150 feet from employee parking, entrances, break areas and walkways. It also blocks takeoffs and landings while non-participants are inside that zone.
• Rules for every pilot. The privacy and emergency-response sections cover hobbyists too. Recording in a way that breaks existing law and interfering with police, fire, EMS or search-and-rescue crews are both prohibited.
• A carve-out for short jobs. Section 10 says survey, roof and utility inspection, real estate, photography and similar short-duration work “may be allowed” if the operator has the required property permissions.
• Penalties. Violations carry a $300 fine per offense, enforced by the police chief or a designee.

It isn’t law yet

Massachusetts town bylaws go to the Attorney General for review, and Boston.com reports this one also needs sign-off from MassDOT’s Aeronautics Division. The Attorney General’s review is where preemption comes in. In 2017, a federal judge struck down parts of Newton’s drone ordinance, including its registration requirement and limits on where drones could fly, as conflicting with FAA authority. Westborough’s text appears written to stay on the ground-use side of that line. Whether a flat ban on commercial landing spots survives is the open question.

Other steps are still ahead. According to the town’s Prime Air page, the Zoning Board of Appeals hears a residents’ appeal of the zoning ruling on November 2. The Planning Board’s site-plan hearing for Amazon’s 64 Otis Street facility is continued to November 10. Boston.com also reports that 16 state legislators asked Governor Maura Healey on Monday for a task force on delivery drones and a pause on operations until it finishes. Amazon didn’t respond to Boston.com’s request for comment.

What this means for drone pilots

• Read the definitions. The bylaw’s “Commercial Purpose” definition covers inspection, surveying, data collection and anything done for pay. That describes most Part 107 work. Section 10 offers an allowance for short jobs, but it uses “may be allowed” language. If you work in Westborough, check with the town before you launch from a client’s property.
• Local control lives on the ground. Towns can’t set altitudes or flight paths, but they can try to regulate where you take off and land. Expect more communities to copy this approach as delivery hubs spread.
• Hobbyists aren’t exempt. The privacy and first-responder sections apply to everyone who flies.
• Know which rules are whose. Telling federal airspace rules apart from state and local ground rules is part of flying professionally. Our Part 107 course gives you the federal foundation so you can spot where local rules start.

Nothing in the bylaw takes effect until the state review is done. For now, Amazon’s Westborough plan is on hold at the town level.

Sources: Boston.com; Telegram & Gazette; Town of Westborough Prime Air application page and proposed Article 34 text (Oct. 16 version)

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