Drone Laws by State (2026): FAA Rules, Privacy Laws & Where You Can Fly
Updated March 2026 · Silent Security Research Team
Drone law exists at three levels: federal (FAA), state, and local. Federal law preempts state law on airspace regulation, but states can still regulate privacy, trespassing, and surveillance by drones. Laws are changing rapidly — verify with FAA's official resources and your state's laws before flying or taking action against a drone.
Drone law is one of the most complex and fastest-evolving areas of privacy and property law. Whether you're a drone operator wanting to stay legal, or a homeowner concerned about a drone surveilling your property, understanding the rules requires navigating federal FAA regulations, state privacy laws, and local ordinances — all of which may conflict.
Federal FAA Rules (Apply Everywhere)
All drones weighing 0.55 lbs (250g) or more must be registered with the FAA. Cost: $5. A registration number must be displayed on the drone.
Recreational drones must stay below 400 feet above ground level (AGL). Near airports, altitude restrictions are lower — check the FAA's B4UFLY app.
Recreational operators must maintain visual line-of-sight with their drone at all times. Flying beyond visual range (FPV) requires additional authorization.
Prohibited near airports, military installations, national security sensitive areas, the White House, sporting events (within 3 nautical miles), and wildfires. Use FAA's UAS FacilityMap or B4UFLY app to check.
Since September 2023, most drones must broadcast Remote ID (location, altitude, speed, operator location) — like a digital license plate visible to law enforcement and FAA.
Commercial drone operators (real estate photography, inspections, delivery) must obtain Part 107 certification — a knowledge test administered by the FAA.
State Drone Privacy Laws — Who Has the Strongest Protections
| State | Privacy Protection | Key Law | Notes |
|---|---|---|---|
| California | Strong | Civil Code § 1708.8 | Invasion of privacy if drone captures images/recordings of someone in their home or yard with "reasonable expectation of privacy." Criminal penalties possible. |
| Texas | Strong | Gov't Code Ch. 423 | Comprehensive drone privacy law — prohibits capturing images of people or property with intent to conduct surveillance without consent. Specific exceptions for law enforcement with warrant. |
| Florida | Strong | FS 934.50 | Prohibits drone surveillance of persons or private property without consent. Strong law with criminal penalties. Law enforcement requires warrant. |
| Oregon | Strong | ORS 837.380 | Prohibits using drone to photograph person or property with intent to conduct surveillance. Creates private right of action (you can sue). |
| Illinois | Strong | 720 ILCS 5/48-3 | Drone Act prohibits filming of person in private space without consent. Felony for certain violations. |
| North Carolina | Strong | GS 15A-300.1 | Law enforcement must obtain warrant to use drone surveillance. Private drone surveillance restrictions under harassment statutes. |
| Nevada | Moderate | NRS 493.103 | Prohibits operating drone over private property at altitude below 250 feet without owner consent in some circumstances. |
| Tennessee | Moderate | TCA 39-13-903 | Drone surveillance of persons without consent in areas with reasonable expectation of privacy is prohibited. Misdemeanor. |
| Idaho | Moderate | IC 21-213 | Prohibits weaponizing drones and using drones to interfere with hunters/fishers. Privacy protections are less specific. |
| Virginia | Moderate | Code § 19.2-60.1 | Law enforcement requires warrant. Limited private drone privacy statute. |
| New York | Limited | GML 99-g | Local governments can regulate drones. Statewide privacy law is limited — privacy protections come through harassment and trespassing statutes. |
| Federal Only | Limited | N/A | Many states (AK, MT, WY, ND, SD, and others) have no specific state drone privacy law — only federal FAA rules and general privacy/trespassing statutes apply. |
If a Drone Is Surveilling Your Property
- You CANNOT shoot it down. Under federal law, drones are aircraft. Shooting down an aircraft is a federal felony under 18 U.S.C. § 32 — even if it's over your property.
- You CANNOT interfere with it electronically. Jamming drone signals is illegal under the Communications Act of 1934 and could expose you to federal charges.
- You CAN document it. Photograph or video the drone's appearance, date, time, location, and direction of flight. Attempt to identify the operator's location.
- You CAN file a police report. In states with drone privacy laws, hovering and recording your yard may be criminal. Give police your documentation.
- You CAN report to the FAA. If the drone is operating illegally (unregistered, in a restricted zone, flying dangerously), report to 1-844-FLY-MY-UA or the FAA website.
- You CAN pursue civil remedies. In states with drone privacy laws (California, Texas, Florida, Oregon, Illinois), you may have a private right of action to sue the operator for damages.
Drone Photography Over Your Property — The Airspace Question
The Supreme Court has not definitively ruled on exactly how high your property rights extend. Common law recognized property rights "to the heavens" — but a 1946 Supreme Court decision (United States v. Causby) established that the federal government owns navigable airspace. The current ambiguity is approximately 200–400 feet altitude — below which property rights may still apply.
Some states (Nevada, for example) have passed laws specifically prohibiting drone flight below a certain altitude over private property without consent. Most have not — leaving the question to courts interpreting existing trespassing and privacy statutes applied to a new technology.