Quick note: The drone ordinance I wrote about was introduced 5–0 but hasn’t been adopted yet. A 5–0 vote typically means it would have passed easily — since only a majority of three is needed — but the pushback has clearly made a difference. This post has reached over 20,000 views, and several residents have stepped up to challenge the proposal before next week’s public hearing.
I’ve since updated the blog with two minor changes to reflect that clarification. Thank you to everyone who’s shared information and raised their voices — it shows how powerful community awareness can be when people pay attention and speak up.
Just because the Town Council doesn’t like it doesn’t mean they can ban something that can’t legally be banned.
Don’t worry — this won’t stop the Eyes on EB Sky Spy from keeping an eye on what’s happening down here. But it might stop you.
On Monday night, the East Brunswick Town Council introduced Ordinance 25-36, a proposed law that would ban almost every kind of drone use in town. The measure passed its first reading 5–0, with no discussion, no hesitation, and no acknowledgment that residents came prepared with facts, law, and logic. The final vote will come after next week’s public hearing.
The new ordinance prohibits drones from flying below 400 feet without written consent, bans them from passing over roads, parks, or public buildings without police permission, forbids night flying, and outlaws any “sensing device” — which is every camera, GPS, or stabilization feature in existence.
It’s honestly baffling how something this poorly researched made it through five pairs of hands and a mayor’s signature. The ordinance reads like it was written by people who never bothered to Google “FAA drone laws” — let alone consult state statutes. It’s the legislative equivalent of grounding a 747 because someone didn’t like a paper airplane. If this much legal overreach slipped through without a single question, it makes you wonder what else is sliding past unnoticed at Town Hall. Maybe the real drone problem isn’t in the sky — it’s on the dais.
East Brunswick just proposed banning drones. Essentially all of them.
The Legal Problem They Just Created
Here’s the thing — the Town Council doesn’t own the sky.
The Federal Aviation Administration (FAA) does. Federal law gives the FAA exclusive authority over U.S. airspace. That means towns like East Brunswick can make rules about where drones take off and land, such as township property or schools, but they cannot regulate how or where they fly once airborne.
In Singer v. City of Newton (2017), a federal court struck down a nearly identical local drone ban for exactly that reason: it intruded on federal airspace jurisdiction. The FAA doubled down in 2023 with updated guidance making it crystal clear — local governments may not regulate flight altitude or airspace access.
So when East Brunswick says you can’t fly below 400 feet, it’s directly contradicting federal law.
And It Gets Worse — New Jersey Already Has a Law for This
The New Jersey Drone Act (N.J.S.A. 2C:40-27) already regulates drone use statewide. It bans using drones to harass, endanger, interfere with emergency responders, or violate privacy. It also explicitly says state rules preempt any inconsistent local ordinances.
Translation: East Brunswick didn’t need to write this ordinance — and by doing so, they created a legal mess that’s already been sorted out at higher levels of government.
The point of the state law was consistency — so residents wouldn’t face one rule in Old Bridge, another in South River, and a third in East Brunswick. The Council just ignored that and decided to make its own airspace law anyway.
A Ban in Disguise
The ordinance’s supporters will claim it’s about privacy. But make no mistake — this isn’t about stopping a drone from hovering outside someone’s window. It’s a blanket ban that criminalizes virtually all drone use, from hobbyists to homeowners checking roof damage.
If your drone has a camera, you’re out. If you want to film at sunset, you’re out. If you fly safely under 400 feet, as required by the FAA, you’re out.
Even the ordinance itself admits it “does not override state or federal law.” So the natural question becomes: why pass something you know conflicts with both?
What Comes Next
East Brunswick may soon discover that the sky they just tried to regulate isn’t theirs to control. Federal and state preemption are clear: local governments can’t close the skies.
Privacy matters. Safety matters. But so do fairness, reason, and respecting the laws that already exist.
Until this gets fixed — or challenged — the message is clear: if you live in East Brunswick, you can’t fly here. But rest assured, Eyes on EB will still be watching — from above, from the ground, and wherever common sense still applies.
