You need to use extreme caution when deciding to fly over private property. Before flying a drone, it is necessary to learn the relevant laws and regulations. Here we will explain the regulations and consequences of flying a drone over other people's property.
Is it legal to fly a drone over private property?
Drones can fly over private property, but it is best to obtain permission from the owner, be careful to maintain an altitude, and be careful to protect the privacy of others before such flights can be made.
What are the laws regarding flying drones over private property?
FAA or equivalent drone regulations: If you can fly a drone over private property, that doesn’t always mean you can fly in that airspace. Make sure it's not restricted airspace and comply with drone laws.
State or local drone laws: While you can fly a drone over private property in the United States, some states (such as California) may have additional drone laws that do not allow you to fly over private property.
Privacy Concerns: In most places, the law allows you to fly a drone over other people's property, but it doesn't allow you to film, photograph, or hover. This may cause privacy disputes.
About Us State and Local Laws on Drones Flying Over Private Property
| State/Province | Regulations |
| California | AB 856 prohibits drone use to invade privacy. |
| Georgia | GCAA prohibits aerial photography of the general public or private property without consent. |
| Tennessee | SB 1892 makes it a Class C misdemeanor to use UAS for intentional surveillance of an individual or their property. |
| Indiana | HB 1009 makes it a Class A misdemeanor to conduct electronic surveillance of private property without permission. |
| Florida | SB 766 prohibits drone use to capture images of private property without consent if there is a reasonable expectation of privacy. |
| Michigan | SB 992 prohibits drone use to harass individuals, violate restraining orders, or invade privacy. |
| Texas | HB 912 makes it illegal to capture, use, or distribute images of individuals or property without consent. |
| Ohio | Rule 3341-6-50 requires drone operators to avoid violations of privacy while recording images. |
| Pennsylvania | Title 18 Sec. 3505 prohibits drone use for surveillance, causing fear of bodily injury, or delivering contraband. |
| North Carolina | NC Gen. Stat. § 15A-300.1 restricts drone use over private property without consent. |
| Oklahoma | HB 3171 prohibits drones from trespassing or conducting surveillance over private property without consent. |
| South Carolina | SB 498 prohibits drones with cameras from flying over private property without consent. |
| Washington | WAC 172-110-070 prohibits drones in areas with a reasonable expectation of privacy, such as restrooms and residential areas. |
| Wisconsin | Chapter 942.10 makes it a Class A misdemeanor to use a drone to observe someone in a place with a reasonable expectation of privacy. |
| Virginia | Flying a drone within 50 feet of a dwelling without consent is a Class 1 misdemeanor. |
New York and Hawaii, which are not mentioned in the table, have more complicated regulations on drones and more restrictions. Please fly with caution.
How low can a drone fly over private property in the United States?
According to the Federal Aviation Administration (FAA), in the United States, you can fly a drone over private property at any altitude, but you must stay below 400 feet and keep the drone within your line of sight at all times. . However, it's important to get permission from the owner and understand state-specific laws, as flying too low can invade people's privacy and lead to legal issues.
Can police fly drones over private property?
Police drones usually have special immunity for law enforcement, but for private lands, privacy and security need to be taken seriously. Police have not given blanket approval for drone flights over private property.
But for some emergency situations, drone surveillance is necessary to collect evidence when arresting criminal suspects. Please treat police drones with a normal attitude.
Is it okay to take photos of a property without the owner’s permission?
Whether you are doing it as a hobby or for commercial photography, hovering over other people’s property without authorization is a no-no. If caught, you could face fines and the confiscation of your drone.
What if my drone crashes in someone's backyard?
Drone flying isn't always smooth sailing. What do you do when you fly a drone over someone else’s property and it crashes in someone’s backyard? The situation is always bad for the driver.
The drone pilot should contact the owner and explain what happened. If possible, stay humble and ask to get your drone back. Adding compensation and offering to repair any property damage may smoothen the deal. However, do not enter someone else's property to retrieve a drone without permission, even if it is your neighbor's property.
Is it legal to peek from a drone?
Drones are commonly used for aerial photography, but filming, observing or taking photos without permission is a clear violation of privacy rights.
What to do when your drone is shot at while flying over someone else's property?
What to do when we are flying over someone else's property at a reasonable altitude but are still shot at?
Stay calm, respond calmly, and try to get your drone back.
- First, explain the situation to the owner and emphasize that your behavior is in compliance with regulations and that you did not intend to invade privacy;
- Second, report the incident to your insurance company and obtain insurance claims;
- Finally, seek help from law enforcement, report the incident, and obtain compensation.
How can I legally fly a drone near private property?
Land rights on private property include vertical space, which is generally limited to 500 feet (about 150 meters), with higher altitudes regulated by the Federal Aviation Administration.
To fly a drone legally near private property, avoid low altitude flights and respect privacy. More importantly, if it’s a commercial event, get permission and use tools like GPS geofencing to avoid off-limits areas.
Generalize
In most areas, it is legal to fly a drone over someone's property, provided it complies with the relevant drone flight regulations. But if you use a drone to film or take photos over private property, you need the owner’s permission to ensure privacy.
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