Can You Fly a Drone Over Private Property?

Few drone questions get more confident wrong answers than this one. There is no federal rule that gives a landowner the airspace up to a fixed height, and no federal rule that lets a drone hover over a backyard at will either. The best summary of how the pieces fit comes from the FAA's own lawyers: the July 2023 State and Local Regulation of UAS fact sheet from the FAA's Office of the Chief Counsel and DOT's Office of the General Counsel.

What does the FAA control?

The fact sheet says the FAA has exclusive authority to regulate aviation safety and the efficient use of the airspace, and that state and local laws aimed at those fields are preempted. That covers things like altitude limits, flight paths and airspace closures. A city cannot, for example, write its own drone altitude limit or ban drones over the whole city; the fact sheet calls a citywide ban "very likely" preempted.

What can states and cities regulate?

Plenty. The fact sheet lists examples of laws that would likely not be preempted, as long as they do not impair reasonable use of the airspace:

• land use and zoning,
• privacy and voyeurism,
• trespass on property,
• harassment,
• reckless endangerment and other police powers.

It also notes that at least 44 states had passed drone-related laws by 2023, and that a privacy restriction at low altitude over places where people expect privacy, such as parks or schools, is more likely to be allowed than a broad ban.

So can you fly over someone's house?

Federal rules first. Under Part 107, the flight must follow every airspace and operating rule, including operations over people if anyone is outside. Then state and local law: depending on where you are, filming into a home, hovering low over private land or launching from it without permission can break privacy, voyeurism, harassment or trespass laws, even when the flight is legal under Part 107.

Practical rules that keep you out of trouble:

1. Launch and land on property you have permission to use. Takeoff and landing sites are the clearest part of property law.
2. Pass over, do not linger. A short transit at altitude is very different from hovering over a neighbor's yard.
3. Point the camera at your subject, not into windows or backyards.
4. Check your state's drone laws before paid work; the state drone laws guide is a starting point.

What about local "No Drone Zone" signs?

The FAA says local governments can restrict takeoff and landing on their own property and may post No Drone Zone signs for it, and that private landowners should not use those signs. A sign at a city park limits where you launch, not the airspace above, as the TFR post explains. If an officer asks about your flight, the certificate post covers what to show. Park Service land has its own rule, covered in the national parks post. To turn these layers into a routine, use the pre-flight check for drone rules.

Property owners and clients may also ask for proof of coverage; see the drone insurance post.