What exactly is critical infrastructure? The definition of the term is sparking debate across New York state and nationally as the Federal Aviation Administration (FAA) mulls putting drone no-fly zones in 16 categories of locations.

“Drones pose a threat to critical infrastructure if they’re being misused,” New York state Department of Homeland Security and Emergency Services Commissioner Terence O’Leary said. “There’s no two ways about that.”

Some independent operators like Gavin Snyder, CEO and Founder of Imagine Aerial, said the particulars of the state Legislature have him watching closely.

“The complexity comes up when we’re assessing infrastructure near the jail and how that gets defined,” Snyder said.

The Onondaga County Correctional Facility and dozens of other facilities in New York state — across the 16 sectors — won’t qualify based on the FAA’s current proposal to only include places with more than 500 inmates.

Snyder said it’s hard for him to envision no-fly zones without debate either for or against some aspects of the 16 industries of critical infrastructure.

“To protect every single one of them is going to create a patchwork of rulings across the nation that the FAA frankly doesn’t want to deal with,” Snyder said. “Or can’t deal with.”

Others like American Civil Liberties Union senior policy analyst Jay Stanley have stronger opinions about the damage a patchwork national legislation could cause.

“I am concerned that the public interest isn’t represented at the table enough,” Stanley said. “It’s important that the government doesn’t have a monopoly on aerial footage of what’s happening.”

As critical infrastructure designations get rolled out in late 2026, anticipate debate from both sides about the scope of privacy, Snyder said.

“Critical infrastructure is something that we need to survive as a society,” Snyder said.

If a company or location in the 16 protected categories successfully applies for critical infrastructure designation, drone flyers would have “clearly defined” vertical and horizontal boundaries and violators could face civil or criminal penalties. All drone users must already be licensed to fly.

As of Aug. 1, more than 900,000 public comments have been made to regulations.gov. The public comment period about this regulation runs out Wednesday.