Gilbert Council Reviews Proactive Drone Regulation Code as State Preemption Deadline Approaches
GILBERT, ARIZONA — September 1, 2026

Gilbert Council Reviews Proactive Drone Regulation Code as State Preemption Deadline Approaches

Town of Gilbert presents a proactive Land Development Code text amendment to regulate drone docking stations and commercial drone delivery infrastructure in compliance with House Bill 2875, with council members requesting further study of noise impacts and security considerations.

Gilbert Council Reviews Proactive Drone Regulation Code as State Preemption Deadline Approaches

The Town of Gilbert conducted a study session on September 1, 2026, to seek council feedback on proposed Land Development Code text amendment Z2608, which would establish municipal guidelines for unmanned aircraft systems, drone docking stations, and commercial drone delivery infrastructure in compliance with Arizona House Bill 2875, effective in September 2026. Although HB 2875 severely limits what municipalities can regulate regarding drones, Gilbert's planning staff sought to be proactive by controlling where associated structures—charging stations and delivery dropboxes—may be sited within town limits, largely to protect residential neighborhoods from noise and security concerns.

Senior Planner Kristen Divine presented the amendment, which proposes adding eight new definitions to the Land Development Code, amending the use regulations table to permit drone docking stations and dropboxes in non-residential zones with specific setbacks from residential areas, and establishing a new Section 5.11 governing unmanned aircraft operations. The council took no formal vote during the study session but provided feedback that will likely inform the final language when the item is placed on a future regular agenda.

Key Speeches

"we are more regulating the structures themselves than the fleet aspect of the aircraft." — Kristen Divine, Senior Planner, Town of Gilbert

"Some of these drones are really loud, and if you have a swarm of them, they could be, you know, kind of aggravating. So, I was just curious if that would be the one area that I would tell you possibly look at and kind of get a idea of what we're what we may be actually up to." — Councilmember Monte Lyons

"I have a deposit down for a manned drone. It's considered drone and it's manned and you I don't know if there's any ordinances you might have to look into that to get ahead of that because um, you know, without an ordinance I'm just going to be hell on wheels." — Vice Mayor Chuck Bongiovanni

Timeline

Opposition

Not applicable; no formal opposition or public comment was presented during the study session.

Support

Not applicable; council members did not formally express support or opposition during the study session, though they acknowledged the staff's proactive approach.

Project Details

Vote Breakdown

Not applicable; no formal vote was taken at the study session.

Outcome & Next Steps

The Town of Gilbert presented the draft text amendment for council feedback but did not place it on the formal agenda for a vote. Monte Lyons requested follow-up on municipal noise limits (he believed 60 decibels but requested confirmation) and specifically flagged the need for a sound study or additional guidance given the potential for cumulative noise impact from multiple simultaneous drone landings near residential areas. Bobbi Buchli requested clarification on security and screening requirements for docking structures, noting that the structures may attract children. Chuck Bongiovanni raised an unanticipated issue: the potential regulation of manned drones, which may also require future code language.

Staff acknowledged these comments and indicated the item would be placed on a future regular session agenda for formal council action. Whether additional sound studies, security requirements, or manned-drone provisions will be included in the final version remains to be determined.

Controversies & Context

House Bill 2875 Preemption: HB 2875, effective in September 2026, severely restricts municipal authority to regulate unmanned aircraft and drone operations. The state law permits municipalities to regulate only:

The law does not require municipalities to adopt code language governing drone operations or structures, but Gilbert chose to be proactive to protect residential neighborhoods by regulating where charging stations and delivery dropboxes may be located.

Zipline Pre-Application: The proposed amendments were sparked by a pre-application meeting several months prior with Zipline, a commercial drone delivery operator seeking to locate charging stations on Gilware and Baseline roads. Zipline provided much of the technical information and imagery used by staff to illustrate drone structures, heights, and operational footprints. The company currently operates in the Dallas–Fort Worth area.

Benchmarking: Kristen Divine reported that few Arizona municipalities have yet adopted code language to address drones. Mesa recently passed amendments that focus on fleet-based operations rather than structure siting. Gilbert chose a different approach, focusing on regulating the physical structures (docking stations and dropboxes) rather than the aircraft fleet itself.

Noise Concerns: Monte Lyons expressed particular concern about cumulative noise from multiple drones landing simultaneously near residential areas. While individual drones are regulated by the FAA, Gilbert's municipal noise ordinance (which the planner indicated limits noise to approximately 60 decibels, pending confirmation) may not account for the synchronized landing of multiple aircraft. Monte Lyons suggested that additional sound studies or noise impact assessments may be warranted before approval of docking stations near the 150-foot setback line.

Security and Public Safety: Bobbi Buchli flagged the attractiveness of docking stations to children and questioned whether the code should mandate secure, gated, or locked structures. While staff noted that Zipline's Texas facilities are gated and enclosed, the code amendment does not currently require such measures; staff indicated that individual operators would determine their own security protocols.

Manned Drones: Chuck Bongiovanni introduced an unexpected issue by noting that he has a financial deposit on a manned drone, which he characterized as also falling within the definition of "drone." He indicated that without a municipal ordinance addressing manned drones, he would operate without restriction. This comment suggests that Gilbert may need to revisit and clarify its definitions to distinguish unmanned and manned aircraft.

Duration

View source transcript ▼

Source: Study Session - 9/1/2026 6:00:00 PM — September 1, 2026. Auto-generated YouTube transcript; may contain transcription errors.

What happens if there's a pass? No. Okay, I think we're ready to get started with the study session. Welcome everybody to beautiful downtown Anchorage. It's cold. I love it. Um we'll call to order this uh study session uh September 1st, 2026. We'll take the role. Mayor Scott Anderson here. Vice Mayor Chuck Bonioani here. Council member Bobby Buckley here. Council member Young or Kenny Buckley and Youngowski are not present. Council member Monty Lions, I am here.

And council member Jim Torus, I am present. A quorum is present. Javelli, do we know if either of those two are going to be online? Uh, they are currently not online. Uh, council member Kapowski was not going to be in attendance tonight. Council member Buckland was tentative. So I I'm watching online just to see if he joins and I'll I'll let you know if that's the case. Thank you.

We have one agenda item presentation and discussion on Z2608 LDC text amendment regarding unmanned aircraft unmanned aircraft systems and commercial drone delivery systems. Staff Hi there. Good evening, council. Good evening. Kristen Divine. I'm a senior planner with the town. Uh the case I have for you tonight is going to be regarding a text amendment to the land development code.

Uh we're looking for feedback tonight uh regarding the term changes, the use regulation changes that we're proposing and also a new section of the land development code that we've drafted regarding unmanned aircraft, unmanned aircraft systems and commercial drone delivery systems. And just a little bit of background as to why we're bringing this forward to you today. Um there was recently a bill passed a house bill 2875. It takes effect in September.

This bill is regarding uh essentially drones, unmanned aircraft, their associated systems. Uh what it does is limit municipal regulation on the unmanned aircraft and their associated systems. Um so essentially within that bill, it highlights what municipalities can and cannot regulate. Um essentially we can regulate public unmanned aircraft that's owned by the town. Uh the takeoff, landing of model aircraft in a town-owned park or preserve.

the takeoff, docking, and landing of commercial drone delivery in residential areas or within 150 feet of a residential area. And we can also regulate commercial drone delivery on town owned property. And then I did want to highlight that although the regula uh the legislation does not require us to adopt code language, we just wanted to be proactive by establishing some guidelines on where the associated structures with these systems can be located within the town.

um largely to to protect our residential areas. Um so just a little bit of context before we move forward in case you're unfamiliar with the terms that we'll be using. This is a drone dropbox. Um it is used for the pickup of goods, let's say from a Chipotle or like a Walmart, something like that. Uh the drone is it sent into the little box. It's loaded up with goods and then it flies away and takes it off to wherever it's being delivered to. [snorts] These are drone docking stations.

It's where when the drones are not in use, they are docked to charge. Uh typically these are around two stories, uh 20 feet to 30 feet tall. They can be standalone or they can also be attached to the building. All right. So, a summary of the changes that we're proposing are going to be referencing terms.

We would like to add definitions that we did get from the legislation uh regarding unmanned aircraft, commercial drone, model aircraft, public unmanned aircraft, unmanned aircraft system, commercial drone delivery system, drone docking station, and drone dropbox. And again, those terms are consistent with the definitions adopted as part of House Bill 2875.

Um, we also would like to amend the use regulations table by adding docking stations as a permitted use in all non-residential zoning districts and amend the table to add two additional limitations. Drone docking stations and drone do dropboxes within 2.5 milesi of an airport shall provide proof of consultation with the airport as established in the House bill as part of the application package.

and drone docking stations shall not be located within 150 ft of residential zoning districts consistent with the regulation limitations within that house bill. And then we would also like to add drone drop boxes as a permitted use in all non-residential zoning districts with the limitation that they may not be located within 50 ft of a residential zoning district.

And then we're also proposing to add an entirely new section 5.11 regarding unmanned aircraft, their systems and commercial drone delivery systems. Um these are just some pictures, additional pictures of dropboxes and docking stations just to get a better idea of what they can look like. Right? And these are those definitions in the term section that I mentioned earlier.

We would also like to amend the term uh structure just to be specific in the fact that we do consider drone docking stations and drone dropboxes structures. So they do need to meet applicable setbacks for the zoning districts that they're located in. All right. And again, just a summary of what it is that we're asking for. This is the code language from the new section that we're including 5.11.

uh within residential zoning districts and any district within 150 ft of a residential zoning district. Uh the commercial drones are prohibited from landing anywhere in that area unless within an approved drone dropbox or for a delivery. Uh drone drop docking station shall not be located in any residential zoning districts or within 150 ft. And drone drop boxes shall not be located in residential zoning districts or within 50 ft. uh the difference between the 50 ft and the 150 ft.

We felt like the drop boxes were a bit less impactful than the docking stations themselves and they'll be utilized by more uses such as drive-throughs again like a Chipotle or something like that which is typically found closer to a neighborhood. Um we were pretty limited on what regulations we can incorporate for non-residential zoning districts within the house bill. We are permitted to ask for an a a consultation with the airport if that site is located within 2.5 miles of the airport.

So, we have included that as part of the application package to ensure there's no conflicts with the airport. Um, and then just a note, except as otherwise stated in the land development code for the town of Gilbert, unmanned aircraft, unmanned aircraft systems, and commercial drone delivery systems may operate in any non-residential zoning district. Right. And with that, that is all the information I have for you tonight.

And I would love any questions or comments or concerns that you have for me this evening. Thank you, Kristen. Any [snorts] uh questions comments? Yes. Council member Lions, did we do any type of benchmarking with other communities to see how they're changing their codes to comply with this? Sure. So, Mayor Anderson, Council Member Lions, um there's not many municipalities in Arizona that I've discovered that are working on code language yet.

I know that Mesa did just recently adopt some language. It seems like they incorporated a lot of their language into um like a fleet style operation. So, that's where their guidelines come from. Um and our guidance was not to do that. We are more regulating the structures themselves than the fleet aspect of the aircraft. All right. Did you um kind of where did you get your starting point the skeleton to build out what you put together? What what was the starting point of that? Sure.

So this started uh because we had a preapp a few months back from a company called Zipline. Um they wanted to locate some of their charging stations over on Gilware and Baseline. Um we got a lot of information from them directly just from their website from conversations with them. A lot of these images actually come from them uh including uh this image here. This is from their website.

Um so we did get a lot of information from them on like the heights and how impactful the structures themselves are. Um but most of the distancing requirements that are in the code language came from the house bill. It's what we are able to regulate and so we chose to regulate the maximum based off what we're allowed to. Excellent. Okay.

Um is there any type of sound studies or anything that like that that are going to have to be done prior to one of these going in near a residential area because we're talking 150 ft, right? Is that what the setback is? Yeah. So, uh Mayor Anderson, Council Member Lions, we are requiring the charging stations to be located 150 ft from our residential zoning district. we're not requiring an additional sound study just because the drones themselves are regulated by the FAA.

Um, so as long as they're meeting our municipal code requirements, then we're not requiring any additional sound studies to be done. So there is a municipal code around the decibb that are allowed in that range. Yes, I I want to say it's 60, but I'll need to confirm and get back to you with a a for sure answer on that. Some of these drones are really loud, and if you have a swarm of them, they could be, you know, kind of aggravating.

So, I was just curious if that that would be the one area that I would I would tell you pop possibly look at and kind of get a idea of what we're what we may be actually up to. Sure. Because one of them may not be a problem, but if you got 10 of them landing at the same time at 10 o'clock at night, Taylor's going to get emails from residents. So, understandable. I can follow up with you. Thank you. Thank you. That's it. Council member Buckley.

Um, so are are these in a secured um area or where are these actually located? Sure. Mayor Anderson, Council Member Buckley. So, a lot of the examples I have um came from Texas. That's where they're operating currently is in the Dallas Fort Worth area. And they are in kind of enclosed structures here, kind of how you see on the screen, that third image. Um, so they are in gated areas. Um, but it's really up to to Zip. I say Zipline, I'm sorry, because that's who we spoke to.

It's up to the commercial drone deliveries, whatever company it is that's operating, how to screen and maintain. They want to secure them or lock them or not or whatever. Yeah, I can I can just it they're intriguing just to look at in [clears throat] in this setting and uh I can see kids being quite intrigued with them. Yeah, I I would agree. Yeah, but uh I guess until until that's all done and things happen, we won't know. Yeah. Where where that's going to go. Okay. Thank you. Thank you.

They look like something that that little guy Gorgu might fly around in. [laughter] U any other questions? Yep. Vice Mayor. Thank you, mayor. Um [clears throat] thank you for being proactive on this. Um, I just want to throw a little bug in your ear. Um, I have a deposit down for a manned drone.

It's considered drone and it's manned and you I don't know if there's any ordinances you might have to look into that to get ahead of that because um, you know, without an ordinance I'm just going to be hell on wheels. So, noted. Thank you. Yep. Thank you. Any other questions? Thank you, Kristen. We look forward to it being on an agenda. Thank you very much. Have a good evening. Thank you. And that's all we have on the study session.

So, we'll adjourn the study session and reconvene at 6:30 for the regular session.

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