What Can Cities Regulate About Drone Delivery?

Colorado proposal focuses on launch hubs as FAA authority limits local control of aircraft operation

The City of Northglenn, Colorado, is considering new rules for commercial drone delivery hubs as the industry expands across the United States. The proposal is notable for what it would regulate, and what city officials acknowledge they cannot regulate.

Northglenn acknowledges that the Federal Aviation Administration controls the airspace. The city therefore cannot regulate flight paths, altitude or flight schedules once a drone is airborne. Instead, the proposed ordinance focuses on the ground facilities used to launch, recover and support delivery drones.

The city is considering the issue before receiving an application for a drone delivery facility. In an August 3 memorandum, staff said more communities were receiving requests for launch sites. Staff anticipated Northglenn could receive an application “in the foreseeable future.”

Following that discussion, City Council directed staff to develop standards for a new land-use category called a “Commercial Drone Delivery Hub.”

Local Rules Cannot Keep Drone Delivery Out

Northglenn’s analysis also highlights a challenge for cities considering drone delivery. Even if Northglenn chose not to allow a delivery hub, it could not necessarily prevent drones from serving residents.

City staff said operators generally design delivery networks around a four-to-seven-mile radius from each launch site. A hub in a neighboring jurisdiction could therefore serve addresses inside Northglenn.

“Denying a permit to a launch site in Northglenn does not prevent drone delivery activity from being experienced here,” a city presentation states.

The city can instead use its traditional land-use authority to regulate ground facilities. That includes pads, structures, fencing, screening, ground operating hours, parking, lighting and security.

Preparing Before Drone Delivery Arrives

Northglenn is considering the rules as Walmart and Wing pursue a much larger national rollout of residential drone delivery.

In January, Walmart and Wing announced plans to add drone delivery at another 150 Walmart stores over the following year. The companies expect their network to exceed 270 locations in 2027 and reach more than 40 million Americans.

Colorado was not among the markets subsequently named by the companies. However, Northglenn’s own research shows drone delivery proposals appearing elsewhere in the Denver region. Its August survey found that Thornton had received a pre-application; nearby Longmont had received pre-applications involving two Walmart locations.

Northglenn staff said that, to its knowledge, the city is the first jurisdiction in the region to bring forward a complete, use-specific drone delivery ordinance for possible adoption.

What the Proposed Rules Would Require

Under the proposal, a Commercial Drone Delivery Hub would require a Special Use Permit.

An accessory hub could operate in Commercial General, Commercial Auto-Oriented and Industrial districts. A hub serving as the property’s primary use would be limited to an Industrial district.

Proposed standards include:

• Facility size: No more than 10% of the lot or 10,000 square feet, whichever is smaller.
• Operating hours: 7 a.m. to 10 p.m., or the primary business’s hours if more restrictive.
• Residential buffer: 200 feet from single-family or multifamily residential properties.
• Schools and childcare: 200 feet from licensed childcare centers, preschools, schools and residential childcare facilities.
• Critical facilities: 200 feet from police, fire and utility facilities.
• Noise: Ground equipment and operations could not exceed 65 decibels at the property line.
• Screening: The proposal establishes fencing and screening requirements, with ornamental fencing or walls generally required in commercial districts.
• Parking: A hub could not reduce parking for the primary business below city requirements.

Applicants would also have to provide an operational narrative covering hours, maximum flight altitude, anticipated noise, maximum aircraft numbers and expected flight frequency. They would need an Incident and Emergency Response Plan and a statement acknowledging the prohibition on using drones to conduct surveillance of a person in a private place.

The city notes that requesting flight information does not give it authority over those operations. Information about altitude, routing, noise and frequency would be collected for disclosure and land-use compatibility analysis.

Proposal Moves Toward City Council

The Northglenn Planning Commission held a public hearing September 15 and voted to recommend adoption of the proposed ordinance. City staff anticipates a first reading before City Council on October 12, followed by a public hearing and second reading October 26.

Northglenn’s proposal illustrates the division of authority emerging as drone delivery networks expand. Cities can determine where launch facilities may be built and establish land-use standards for those sites. But those powers do not give cities control over whether drones launched elsewhere can fly over their communities or deliver to residents.

Read more:

• Amazon Prime Air Plans Drone Delivery Expansion to Nearly 500 U.S. Cities and Towns
• Amazon Halts Drone Delivery Plans in Italy: A Reminder That Business Factors Matter As Much As Regulations
• What Ordering Walmart by Drone Looks Like as Houston Service Expands
• Wing and Walmart Add Seven New Drone Delivery Markets