With Asheville Police Department’s new leeway from the FAA on its use of drones, many are still concerned about potential surveillance overreach while supporters say the technology improves public safety.
On Jan. 15, APD was granted a Beyond Visual Line of Sight (BVLOS) waiver by the Federal Aviation Administration (FAA). The waiver allows the department to fly drones with no visual observer other than the pilot.
The waiver, in practice, means a drone can fly nearly anywhere within Asheville’s city limits. It also cuts the program’s drone flight staffing requirements in half.
Asheville is one of the first law enforcement agencies to receive the waiver. From the earliest days of APD’s drone program – which launched in October 2022 as a joint effort with the Asheville Fire Department – some have criticized the department’s roll-out and transparency. For example, leaders waited months to publicly announce APD had created a drone unit.
The department has also yet to publish drone flight logs, previously intended as a transparency tool for the public. Last year, Capt. Brandon Moore told the City Council’s Environment and Safety Committee that APD would share drone flight logs that are “not critical or case-sensitive” on a transparency dashboard. “Ultimately when we are flying, you will be able to see what it is and where we went,” he said.
But an APD spokesperson told BPR this week:
“It is still our hope to provide the transparency page described by Captain Moore, but we have not yet been able to locate a company to assist us in executing that.”
Until recently, police drones have mainly launched from the rooftop of the Municipal Building in downtown Asheville. With the BVLOS waiver, APD will ostensibly have greater flexibility on where police drones take off, fly and land.
The Drone First Responder program at APD has grown substantially over the last few years, with the size of its fleet more than tripling — from six to 19 drones. APD also has access to 14 additional drones that are “owned by private partners within the community,” spokesperson Rick Rice said.
In the first year, the city spent $83,000 on the drone program, public records show. BPR has filed a public records request for 2024 and 2025 spending but has not yet received a response.
The drone program serves as a “force multiplier” that helps APD fill staffing gaps and reduce response times, according to Capt. Brandon Moore, of the special services division.
Police Chief Mike Lamb said the program also enhances officer safety and helps improve situational awareness for law enforcement.
In the aftermath of Hurricane Helene, drones were used for search and rescue operations and infrastructure mapping. In some cases, they delivered supplies to people stranded by floodwaters and to help assess the damage at North Fork Reservoir, the city-owned water plant that was disrupted for months after the storm.
Some community members are surveillance skeptical
Critics of the drone program say they worry about increased surveillance and want a public forum for community members to weigh in.
As more police departments pursue drone programs, there’s concern authorities will use BVLOS waivers, for example, to “roam around an entire city,” said Jay Stanley, senior policy analyst with the ACLU.
“These programs are always sold on the premise that they're going to save the day in dramatic situations and save lives in huge emergencies, but then once they're approved, they end up being used for very everyday purposes,” he said.
“We think the police departments that are using this technology should be subject to guard rails imposed by city councils or state legislatures.”
Stanley advocates for restrictions on how police can deploy drones and requirements that departments make public records showing where and why drones are used.
“If I'm a policy maker and the police department is just asking me for money to spend on this drone program, I would like to know how many times did you fly? How many times was it a waste of time? How many times did it save the day if ever?” he said.
Libertie Valance, an Asheville resident and community activist, told BPR that they see the drone program as “dystopian” and that the program’s expansion is “not a good thing for Asheville.” Valance has worked at Firestorm Books, a book store and community events space, since 2008.
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“Basically anyone that's been at a protest in the last few years has had the experience of being surveilled by APD drones because they're ubiquitous during demonstrations,” Valance said.
ADP previously confirmed with BPR the department planned to use drones at protests, public gatherings and other public events as part of the department’s plan.
APD drones have hovered over Firestorm bookstore during two community events, Valance claims.
In 2023, the bookstore relocated to a new building in West Asheville and had a party to celebrate its reopening. During the celebration, an APD drone watched across the streets, Valance told BPR.
“We were there gathering with friends and neighbors. Folks were playing yard games. I had stayed up late the night before making homemade popsicles to hand out,” Valance recalled. “And all of a sudden we realized that there's police monitoring us, which felt really out of place.”
Valance said the drone flew around the bookstore for hours, occasionally moving back and forth from the police department’s substation on Haywood Street, which is only a few blocks away from the book store.
When asked about the drone appearance, an APD spokesperson confirmed there was a drone unit in the area “due to an unrelated matter.” But the department didn’t say what the drone was in the area for or confirm how long it was near Firestorm.
The rules behind drone deployment
APD’s policy states that drones can only be used “to support official law enforcement and public safety missions” and cannot be used to conduct random surveillance activities or for “personal business of any type.” To operate a drone, an officer must obtain a license from the FAA.
Drones can be deployed when officers are executing search warrants, for emergency response team missions and for other “urgent department requests,” the policy states. APD’s drone program commander has ultimate discretion of when a drone is flown. Drone pilots are directed to avoid flying over people or buildings if there’s a risk of injury or damage.
Under APD policy, officers operating drones are expected to avoid using cameras when flying in locations where a person would have a “reasonable expectation of privacy” – such as in their home or yard. However, officers can seek a judge’s permission via a search warrant to use the drone in ways that APD’s policy otherwise prohibits – similar to traditional police searches. The policy states an officer can seek a private property search warrant if there are “reasonable grounds” to believe that a drone may capture evidence of criminal wrongdoing.
If, and only if, drone operators obtain a search permit can they be used to intentionally look into structures (windows, skylights, or other means) as part of an investigation.
“Is there some way that we can extend this conversation so that more than three council women could have some questions,” asked Council member Maggie Ullman in a committee meeting where APD shared an update on its drone program.
Community input on the program remains limited
Previously, Asheville City Council has approved some spending on the police drone program and some members have asked that the department organize opportunities for the public to weigh in on the use of drones.
“Is there some way that we can extend this conversation so that more than three council women could have some questions,” asked Council member Maggie Ullman in a committee meeting where APD shared an update on its drone program.
She urged APD to practice as much transparency as possible, calling it “the essential ingredient for programs like this to really thrive.”
“Some people are really excited about the use of drones to be a first responder tool or even use in de-escalation matters,” Council member Sheneika Smith said. “But I think people are a little squeamish about having more information and you all being more transparent about what you're watching, why you're watching, and if you're watching me.”
APD was scheduled to provide an update on its drone program at a Environment and Safety Committee meeting in October – but those meetings have been paused indefinitely due to Hurricane Helene.
