The Massachusetts Department of Transportation has told Amazon it cannot launch Prime Air drone deliveries from Westborough without first getting a state certificate of approval, adding a new hurdle days after town residents voted for a local drone bylaw. The Oct. 22, 2026 letter came from MassDOT Aeronautics Division administrator Denise Garcia, Boston.com reported.
What MassDOT’s letter says
The letter, addressed to Jonathan Greeley, Amazon’s head of policy for New England, and economic development policy manager Tareq Wafaie, cites Section 39B of Chapter 90 of the Massachusetts General Laws. That law says no airport, restricted landing area or air navigation facility may be maintained or operated without a certificate of approval from the Aeronautics Division, according to a copy of the letter posted by the nearby town of Berlin.
Garcia wrote that because the Federal Aviation Administration has approved Amazon as an air carrier and operator under 14 CFR Part 135, its proposed flights are commercial operations covered by the state statute. “Amazon cannot establish a takeoff and landing area in Westborough—or anywhere else in Massachusetts—without first obtaining a certificate of approval from the Aeronautics Division under Chapter 90,” the letter states.
According to the letter:
- The division had not received an official notification or request for review from Amazon as of Oct. 22.
- It must complete a suitability review and confirm the proposal “poses no threat to safety before any operations can begin in Westborough.”
- It will weigh possible environmental impacts, including the outcome of pending litigation over the federal approach to environmental review for such sites, and decide what state environmental review is needed.
- Amazon “should expect” at least one public hearing before any decision on a certificate.
Garcia also cited community concerns about low-altitude flights over private property, possible harm to people and property from the size and weight of the drones, and coordination with police, public safety officials and other drone operators. The Boston Globe reported that the litigation is a multistate lawsuit, with Massachusetts among the plaintiffs, challenging the FAA’s review of commercial drone delivery.
Amazon’s response
“We remain committed to working closely with state and local officials as we continue to explore operations in Massachusetts,” Amazon spokesperson Lindsay Hamilton said in a statement to Boston.com. “We welcome the opportunity to demonstrate the safety of our operations and continue our engagement with local residents.” Hamilton told the outlet that Prime Air has operated safely in nine states and met FAA safety standards to win federal approval.
The plan and the town bylaw
Amazon wants to fly drones from its fulfillment center at 64 Otis Street, delivering packages under 5 pounds within a 7.5-mile radius, WCVB reported. The Globe reported the company had originally planned to start in October, converting a parking lot into a launch site, and that the town planning board granted an accessory use permit over the summer before residents appealed, arguing the pads are effectively airports needing a special permit.
On Oct. 19, Westborough’s Special Town Meeting voted 510-13 to adopt an Unmanned Aircraft General Bylaw, according to the town’s Prime Air information page. WCVB reported the bylaw would require a 150-foot safety zone around commercial drone staging and ground operations, set privacy rules and carry a $300 fine for violations. The town clerk sent the bylaw to the Attorney General on Oct. 22; it also needs Aeronautics Division approval before it takes effect.
The town notes that the FAA controls the national airspace, while some local powers, including land-use approvals, stay with Westborough. Amazon is seeking site-specific FAA authorizations for the Otis Street operation, the town says.
Who lives under the flight path
Westborough had an estimated 22,894 residents on July 1, 2025, up about 6 percent from its 2020 Census base of 21,565, according to the U.S. Census Bureau’s Vintage 2025 subcounty population estimates. A 7.5-mile radius from Otis Street would also reach parts of surrounding towns; the Census figure covers Westborough alone.
What comes next
Three approvals now stand between Amazon and a first Massachusetts delivery flight: the site-specific FAA authorizations, a state certificate that MassDOT says has not yet been requested, and the local zoning fight. Separately, the town’s bylaw awaits sign-off from the Attorney General and MassDOT. No hearing date has been announced. For more on drones and the region, see our Oct. 23 business report; commuters to the area can check the Framingham/Worcester Line schedule guide, which stops in Westborough.
Sources
- Boston.com: Before Amazon’s drones take flight, MassDOT wants its say, Oct. 23, 2026
- MassDOT Aeronautics Division letter to Amazon Prime Air, Oct. 22, 2026 (posted by Town of Berlin)
- Town of Westborough: Prime Air Drone Delivery Service Application
- WCVB: MassDOT tells Amazon it needs approval for Westborough drone plan
- The Boston Globe: Amazon drones in Westborough subject to state oversight, MassDOT says
- U.S. Census Bureau: Vintage 2025 subcounty population estimates
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