Drone Laws by State
By Hannah Hilst | Legally reviewed by Amber Sheppard, Esq. | Last reviewed July 19, 2024
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Consumer and commercial drones are more accessible than ever. But flying a drone requires you to know and obey state laws like driving a car.
People often use drones to take aerial photos and videos. But the government must balance allowing hobbies and business interests with protecting public safety.
Most states have passed laws regulating the use of drones, but each state's laws are different. You'll need to learn the rules for drone flying whenever you move to a new state or travel.
Federal Laws vs. State Laws
Most drone rules come from federal drone regulations. The Federal Aviation Administration (FAA) has authority over the airspace in all states. As a result, states' ability to create laws for in-air activities, such as where you can or can't fly, is limited.
The FAA also manages nationwide drone registration and licensing through the FAADroneZone. For example, you need a Remote Pilot Certificate from the FAA to fly a drone commercially anywhere in the United States. Recreational drone pilots must also pass the FAA's basic safety and knowledge test.
Common Ways States Regulate Drones
Alongside FAA regulations, states often create drone laws for the following topics:
- State agencies and law enforcement officers' use of drones
- Drone video, photography, and surveillance activities
- Drone programs in public schools and state universities
- Hunting and fishing activities with drones
- Agricultural use of drones
Many laws refer to drones as "unmanned aircraft systems (UAS) "or "unmanned aerial vehicles (UAV). "
Certain state laws apply to drones without mentioning them specifically. For example, states generally prohibit any activity that impedes emergency responses. A drone flight could break the law if it obstructs a police search, rescue, or wildfire control efforts.
State Laws for Drones
Find your state to learn more about its regulation of commercial and recreational drones. The chart below features select rules across state aviation, criminal, and environmental laws.
Remember that more rules could apply. Local governments may pass ordinances affecting specific cities or municipalities. State parks often restrict drone activities.
Where Can I Fly Drones in My State?
You can find drone flight locations through the FAA's website or mobile app, B4UFly. Several companies offer programs using the B4UFly service.
The patchwork of FAA regulations, state laws, and local restrictions can be confusing. Areas near airports and government buildings often ban drones. Other areas, like state parks, may ban drone launches and landings unless you get a permit.
Ask About the Drone Laws in Your State
Technology is rapidly evolving, and savvy consumers tend to buy new devices as soon as they hit the market. That's why laws regulating drones constantly change.
If you're unsure about the laws in your state or have a particular legal need for drones, consider meeting with an attorney licensed to practice in your state.
Alabama | None |
---|---|
Alaska | AS § 18.65.900 to § 18.65.909: Law enforcement can only use drones in limited circumstances. During a criminal investigation, police can use drones if they have a valid search warrant or an exception to the warrant rule. 5 AAC § 33.398: Commercial drone operators can't use a UAS to locate salmon from one hour before open fishing begins until one hour after it ends. |
Arizona | ARS § 13-3729: Violating FAA requirements or interfering with emergency services using a drone or model aircraft is a Class 1 misdemeanor. Using a drone to photograph or fly above a "critical facility," such as a power station or prison, is a felony. |
Arkansas | AR Code § 5-16-101: The use of drones to commit video voyeurism (invasion of privacy) is a Class B misdemeanor. The crime rises to a Class A misdemeanor if you send the images to someone else or post them online. AR Code § 5-60-103: Using drones for surveillance and gathering information on "critical infrastructure" (oil refinery, chemical manufacturing facility, power plant, etc.) is illegal without written consent. |
California | CA Civil Code § 1708.8: Using a drone to capture video or sound recordings of another person without their consent (invasion of privacy) is illegal. Violators are liable for up to three times the damages related to the violation and a civil fine of between $5,000 and $50,000. CA Penal Code § 402: Flying a drone to look at the scene of an emergency is a misdemeanor. CA Government Code § 853 to 853.5: Public employees are not liable for damaging drones interfering in an emergency response. CA Penal Code § 4577: Flying a drone above a correctional facility is an infraction with a $500 fine. CA Fish and Game Code § 10501.5: No aircraft can fly under 3,000 feet above the Sespe Condor Sanctuary. No aircraft can fly under 1,000 feet in several other wildlife areas, including the Santa Barbara Islands and the Farallon Islands National Wildlife Refuge. Drone flights in these areas need a permit. CA Fish and Game Code § 3003.5: Drones and other aircraft can't herd or pursue wildlife except in limited circumstances. |
Colorado | CRS § 18-8-104: It is illegal to obstruct law enforcement and emergency responders by using a drone. Getting permission and following the responder or officer's instructions offers an exception to this rule. CO Code of Regulations Rule 2, 406-0 #004: Using drones to scout and detect wildlife while hunting is against the law. |
Connecticut | None |
District of Columbia | Traffic Regulations §16.2.90: Model aircraft and drones are prohibited on Capitol grounds. Under federal law, the FAA has designated a 30-mile radius around the District of Columbia as a Special Flight Rules Area (SFRA), or "no-drone zone." |
Delaware |
DE Code § 11-1334: Drone operators cannot fly over "critical infrastructure," emergency scenes, or events with more than 1,500 attendees. It's also illegal to fly drones in a way that harasses someone or violates their privacy on private property. Offenses are misdemeanors or Class B misdemeanors for repeat offenses. The crime is a Class A misdemeanor if it caused injury or property damage. DE Code § 11-1256: Delivering contraband to a prison using a drone is a Class F felony. DE Administrative Code 7-9000-9200-13: State parks ban launching, flying, and voluntarily landing drones except in designated areas. |
Florida | FL Criminal Code § 934.50: Drones may not be used for surveillance in violation of another party's reasonable expectation of privacy, including for law enforcement. But, police may use drones with a valid search warrant. Violators may have to pay legal fees and compensatory damages, and the victims may seek injunctive relief. FL Aviation Code § 330.41: The Unmanned Aircraft Systems Act bans flying drones over a "critical infrastructure facility" without written permission. Drones also must not interfere with the facility's operations or come into contact with it. First-time violations are second-degree misdemeanors. Repeat offenses are first-degree misdemeanors. FL Aviation Code § 330.411: Weapons, explosives, and ammunition can't be attached to a drone. This rule applies to possessing and flying the drone. |
Georgia | None |
Hawaii | HRS §188-23.5: Using a drone for fishing activities requires a permit. Hawaii state park regulations prohibit using drones. |
Idaho | ID Code § 21-213: Surveillance and recording of another person or their property via drone is prohibited without their written consent. The target of the surveillance or recording can sue a drone operator who violates this law. This statute also specifies when and how the police, emergency services, and government agencies may use drones. ID Code § 36-1101: Using drones to locate, drive, or shine light on wildlife for hunting is illegal. Violations are misdemeanor crimes. |
Illinois | 725 ILCS § 167/1 to 167/40 (The Freedom from Drone Surveillance Act): Law enforcement can't use drones to surveil citizens except in limited circumstances. A few examples of the exceptions include responding to terrorist attack risks, reasonable suspicion of imminent threats, and destruction of evidence. A valid search warrant may allow drone surveillance. The police may also use drones to take pictures of a crime scene. 720 ILCS § 5/48-3: Using a drone to interfere with someone else's hunting or fishing activities is a public nuisance. Violations are Class A misdemeanors. 520 ILCS § 5/2.33: Disturbing, pursuing, hunting, and shining light on wildlife using a drone is illegal. 620 ILCS § 5/42.1: Drone regulations are only at the state level. But cities with more than a million residents can pass local drone ordinances. |
Indiana | IAC 312 8-2-8 (i): Drones can't land and launch on Indiana Department of National Resources properties without a permit. IN Code § 35-42-4-12.5: Convicted sex offenders can't use a drone to record, follow, or contact someone. This crime can be a Class A misdemeanor or a level 6 felony. IN Code § 14-22-6-16: Hunters can't use drones to find wild game. Senate Bill 189 amended the law to allow infrared drones to recover an animal already legally hunted. IN Code 35-33-5-9: Indiana police officers need a search warrant to surveil or record photos and videos on private property. Exceptions apply if the officer does not need a warrant to search. |
Iowa | IA Code § 321.492B: The state government can't enforce traffic laws using drones. IA Code § 808.15: Evidence taken via drone is only admissible in court if collected under a search warrant or other legal means. IA Code § 719.9: Flying a drone above a correctional facility or on connecting properties is a Class D felony. |
Kansas | KAR 115-8-13: Drone takeoffs and landings on Kansas Department of Wildlife & Parks properties must only happen in designated areas or with permission. KSA § 32-1003: Drones can't be used for hunting, locating, or shining light on wild animals. There is an exception for drone operators with a handicapped hunting and fishing permit. KSA § 60-31a02: Surveilling a specific person by using a drone near their property or vehicle may constitute harassment. |
Kentucky | KRS § 183.085: Commercial airports may design facility maps showing where drone pilots can launch, fly, and land their unmanned aircraft. These maps must be available on the airports' websites. KRS § 183.086: Flying a drone recklessly or in prohibited areas of an airport is against state law. Under KRS § 183.990, violations are a Class A misdemeanor or a Class D felony if they cause a serious disruption. KRS § 511.100: Flying a drone to surveil or damage key infrastructure, such as drinking water facilities and jails, is banned. A first-time violation is a Class B misdemeanor. Repeat violations are Class A misdemeanors. Under KRS § 512.020, a dangerous violation can rise to a Class D felony of criminal mischief. Exceptions apply for limited uses. For example, facility owners, emergency responders, and insurance companies may fly drones for certain purposes. Kentucky State Parks policy requires permits for commercial and consumer drones on its properties. |
Louisiana | LA RS § 3:41 to 3:48: Title 3, Chapter 1-A regulates using drones for agricultural purposes. Drone operators must take a safety course and have a state agricultural drone license and registration (renewal every three years). LA RS § 2:2 to 2:17: Title 2, Chapter 1 establishes the Louisiana Drone Advisory Committee and outlines its governing authority. LA RS § 14:108: Flying a drone beyond a police cordon is a crime of resisting law enforcement. Violations can result in a $500 fine and up to six months in jail. LA RS § 14:337: Drones can't fly over correctional facilities or record or surveil "targeted facilities," such as schools and power plants. Penalties for breaking this law can include fines and jail time. LA RS § 14:283: The definition of video voyeurism crimes includes surveilling or recording someone using a drone. There are exceptions, such as if the recorded person provides consent or if they have no legal expectation of privacy. LA RS § 14:283.3: Sharing drone-captured images or video recordings of someone with a disability with the intent to embarrass or harass them is illegal. LA RS § 14:284 and 283.1: "Peeping Tom" and voyeurism crimes include spying on someone with a drone. Penalties for a first offense include up to $500 in fines and six months in jail. LA RS § 14:63: The definition of criminal trespassing includes using a drone over private property. |
Maine | MRSA Title 25 § 4501: Law enforcement agencies must get approval before getting drones. Other rules apply for police use, including a warrant rule when using a drone for criminal investigations. Maine state parks policy does not allow drone flights without a Special Activity Permit. |
Maryland | MD Code, Economic Development § 14-301: This statute establishes the state's authority to enact laws regulating drone operation, preempting local authorities. |
Massachusetts | None |
Michigan | MI Compiled Laws § 324.40112: Using drones to harass or interfere with a hunter is a crime. Violations are misdemeanors with up to 93 days in jail and a fine of up to $1,000 per offense. MI Compiled Laws § 324.40111c: Hunters can't use drones to locate, hunt, catch, or trap wild animals and fish. MI Compiled Laws § 259.301 to § 259.331: The Michigan Unmanned Aircraft Systems Act contains many drone-use rules. For example, criminal activities are just as illegal with a drone as if the pilot were to commit the act in person. Drone flights can't interfere with first responders' emergency efforts. |
Minnesota | MN Statutes § 360.13: Drones are small unmanned aircraft. Laws that apply to aircraft in general also apply to drones. MN Statutes § 360.075: This law outlines several criminal acts relating to aircraft and drones, including tampering with someone else's drone and performing stunt flights above a crowd. Violations range from misdemeanors to gross misdemeanors. MN Statutes § 360.59: Specific aircraft are exempt from certain tax requirements, including recreational aircraft with a base price of $10,000 or less, which are "owned and operated solely for recreational purposes" (see § 360.55). MN Statutes § 360.60: Failing to register and insure a non-exempt commercial drone is a misdemeanor. MN Statutes § 626.19: Law enforcement agencies must get a search warrant for drones. MN Statutes § 97B.115: Computer-aided hunting, including remote-controlled drone weapons, is a misdemeanor. |
Mississippi | MS Code § 97-29-61: Drones can't be used to peep into a building for the "lewd, licentious, and indecent purpose" of spying on another party. Violating this law is a felony with up to five years in prison or up to 10 years in prison if the person spied on is 16 or younger. |
Missouri | MO Revised Statutes § 632.575: Flying a drone less than 400 feet above a mental health hospital is illegal. Delivering a dangerous object or controlled substance to a patient in a mental health facility is also illegal. MO Revised Statutes § 577.800: Flying a drone less than 400 feet above an open-air facility, such as a large sports arena or theater, is an infraction. This violation becomes a Class B or D felony if the drone operator also delivers a weapon or controlled substance to someone. MO Revised Statutes § 217.850: Flying a drone less than 400 feet above a correctional facility is an infraction. Delivering a weapon or controlled substance or assisting a prison escape via drone is a felony. |
Montana | MT Code Annotated § 76-13-214: Drone flights that obstruct a government's wildfire response are civil violations. MT Code Annotated § 46-5-109: If the police collect evidence via drone without a search warrant (or a valid search warrant exception), it isn't admissible in court. The police don't need a warrant to use a drone to investigate auto accident scenes. |
Nebraska | NE RS § 28-521: Criminal trespass includes flying a drone above or into private property without permission. NE RS § 37-568: Drone flights that interfere with hunters and fishers are a Class III misdemeanor. |
Nevada | NV RS § 493.100: Flying a drone above a populated park is legal if the operator exercises caution to avoid injuries. NV RS § 493.103: Property owners can sue drone operators for trespassing via repeat flights less than 250 feet above their private property. This option does not apply if the property's airspace is in an existing airfield flight path. NV RS § 493.106: Attaching a weapon to a drone is a category D felony. Firing a drone weapon is a category C felony. NV RS § 493.109: Flying a drone too close to an airport or critical facility, such as a power station, is a misdemeanor. NV RS § 493.112 and § 493.115: Law enforcement can't gather evidence via drone without a search warrant, probable cause, or a property owner's permission. Emergency rescues are an exception. Other public agencies must follow similar rules. NV RS § 493.118: The state must maintain a registry of public drones. NV RS § 493.130: Flying a drone recklessly or while intoxicated is a gross misdemeanor. |
New Hampshire | NH RSA 207:7: Hunting with a weapon attached to an aircraft is prohibited. NH RSA 207:57: Using drones to interfere with lawful hunting, fishing, or trapping activities is a violation. |
New Jersey | NJ Code 2C § 40-28: Prohibited drone uses include endangering others, flying too close to a correctional facility, interfering with law enforcement or emergency responders, hunting wildlife, and violating a restraining order. Piloting a drone while intoxicated (over 0.08% blood alcohol content) is also illegal. New Jersey state park policy prohibits drone use except for pre-approved drone flight requests. |
New Mexico | NMAC § 19.31.10.11: Using a drone to locate wildlife and signal for hunting is illegal. |
New York | The New York Department of Environmental Conservation explains where a permit is required for drone use under state policy. |
North Carolina | NC GS § 63-95 to § 63-96: Drone operation requires a state permit, which involves passing a knowledge test. This rule is besides the federal drone pilot requirements. NC GS § 14-280.3: Damaging or disrupting a drone in flight is a Class H felony. NC GS § 15A-300.2: Drone operators can't launch or recover a drone on state or private property without the owner's permission. NC GS § 15A-300.3: Flying a drone within 500 feet of a correctional facility or using a drone to deliver contraband is a crime. NC GS § 14-401.24 and § 113.295: Hunting or disrupting lawful hunting activities with a drone is a misdemeanor. Attaching a weapon to a drone is a Class E felony. NC GS § 14-401.25: Sharing thermal imaging drone photos without permission of the subject or property owner is a Class A1 misdemeanor. NC GS § 15A-300.1: Surveillance of a person or their property via drone without consent is prohibited. Law enforcement agencies can use drones in certain situations, including gathering evidence in plain view or with a search warrant. |
North Dakota | ND Code § 29-29.4-01 to § 29-29.4-06: This section limits the use of drones for surveillance, crime investigation, and other uses by law enforcement. |
Ohio | None |
Oklahoma | OK Statutes § 21-1743: Flying a drone less than 400 feet above private property to surveil or eavesdrop is a misdemeanor crime. Using a drone to record or take photos of someone with a reasonable expectation of privacy is also a misdemeanor. Drone operators can't land their UAS on private property without permission. OK Statutes § 3-322: Flying a drone less than 400 feet above a "critical infrastructure facility," such as a chemical plant or electrical substation, is subject to civil damages. |
Oregon | ORS § 498.128: State law bans using drones for fishing, hunting, or trapping, including using drones to locate game. It also bans interfering with another party's lawful hunting, fishing, or trapping. ORS § 837.300 to § 837.390: This section contains several drone laws. It regulates law enforcement agencies' use of drones for search, seizure, rescue, and investigation. It also requires public agencies to register drones with the state. Operating a weaponized drone is a Class A misdemeanor (ORS § 837.365). Hacking or interfering with a drone can get a minimum $5,000 civil penalty (ORS § 837.375). If a recreational operator repeatedly flies a drone over private property against the owner's wishes, the owner can sue (ORS § 837.380). |
Pennsylvania | PA CSA § 18-3505: Operating a drone recklessly and operating a drone in a private location for intentional surveillance purposes can get a maximum fine of $300. Using a drone to deliver contraband is a second-degree felony. PA CSA § 2322: Though it doesn't explicitly name drones, the law prohibits using any devices other than those it describes to hunt and recover game. |
Rhode Island | None |
South Carolina | SC Code § 24-1-300 and SC Code § 24-5-175: Flying a recreational drone within 500 feet around or 250 feet above a correctional facility is a misdemeanor crime. |
South Dakota | SD Code Chapter 50-15: Flying a drone over a correctional facility is a Class 1 misdemeanor. Delivering contraband to a correctional facility via drone is a felony. Using a drone to trespass on private property or record people who have an expectation of privacy is a misdemeanor. SD Code § 41-8-39: Hunting with a drone is a misdemeanor. There is an exception for using a drone to locate a pest or predator on private property with the owner's consent (except during fall months). |
Tennessee | TN Code § 39-13-903: Photographing someone in a private area via drone is a misdemeanor. This rule also applies to drone surveillance of private property. Capturing images via drone at open-air events where 100 or more people gather for a ticketed event, including fireworks events, is prohibited. The law also prohibits the use of drones over prison grounds. TN Code § 70-4-302: Recording recreational drone video of hunters and fishers without their permission is a Class C misdemeanor. TN Code § 39-13-609: The Tennessee Freedom from Unwarranted Surveillance Act describes when law enforcement agencies may use drones under a search warrant, reasonable suspicion, or emergencies. |
Texas | TX Gov. Code § 411.062: The Capitol Complex in Austin may limit or prohibit drones according to the director's policy. Violations are Class B misdemeanors. TX Gov. Code § 423.002 to § 423.004: Using a drone to capture images may be lawful based on the pilot's profession (such as photographer and law enforcement). People must not be identifiable in drone images unless they have given express permission. Violations may be Class C or B misdemeanors. TX Gov. Code § 423.0045: Flying a drone over a "critical infrastructure facility," such as a chemical plant, power plant, or dam, is a Class B misdemeanor. TX Gov. Code § 423.0046: Flying lower than 400 feet above a sports venue is a Class B misdemeanor. Repeat violations are Class A misdemeanors. This rule does not apply in some cases, such as drone flights, with the venue owner's approval. TX Gov. Code § 423.006: Private property owners may sue drone pilots who violate drone surveillance laws. TX Gov. Code § 423.008: This law outlines law enforcement's responsibility to report its drone activities. TX Gov. Code § 423.009: Local governments have limited authority to create drone rules. Yet, they can regulate drone flights during special events and on the government's property (if it has FAA authorization). TX Administrative Code § 65.152(e): Hunting with a drone requires an Aerial Management Permit in the operator's possession. Hunters can use drones to locate but not kill feral hogs. |
Utah | UT Code § 72-14-201 to § 72-14-205 (Law Enforcement Use of Unmanned Aircraft): Police can use drones to collect data at testing sites and find missing persons in areas without reasonable expectation of privacy. But police need a search warrant (or a search warrant exception) to gather information via drones. UT Code § 76-6-206: Criminal trespassing includes using drones on or over private property. UT Code § 72-14-303 (Unlawful Use of Unmanned Aircraft): Flying a drone with an unauthorized weapon attachment is a Class B misdemeanor. UT Code § 72-14-304: Drone interference with a correctional facility is a Class B misdemeanor. Delivering items to a correctional facility via drone is a third-degree felony. UT Code § 72-14-403 (Safe Use of Unmanned Aircraft): Drone pilots must follow several safety restrictions, such as maintaining a constant line of sight and flying no higher than 400 feet (with exceptions). UT Code § 65A-3-2.5: Local and state governments can restrict drone use during wildfires. Flying a drone despite a wildfire public emergency announcement is a violation, ranging from a misdemeanor to a felony. UT Administrative rule R657-5-14: Using a drone for hunting purposes, including locating game, is prohibited except for transporting equipment or lawfully hunted wildlife. |
Vermont | 20 VSA § 4622 to 4624: The law limits how police agencies can use drones for data collection and surveillance. 20 VSA § 4625: Drone operators can't fly above correctional facilities (with limited exceptions). 13 VSA § 4018: Attaching a weapon or firing a projectile with a drone is a crime carrying up to one year of jail time. |
Virginia | VA Code § 19.2-60.1: Police must get a warrant before using a drone for criminal investigations or surveillance (unless it's for an Amber Alert, Senior Alert, or Blue Alert). VA Code § 15.2-926.3: Local governments do not have the authority to regulate privately owned drones. VA Code § 18.2-121.3: Flying a drone within 50 feet of someone's home to harass or intimidate them is a trespassing misdemeanor offense. VA Code § 18.2-324.2: Using a drone to follow, record, or contact someone without permission is a Class 1 misdemeanor. |
Washington | WA Code § 47.68.250: Owners of commercial drones must register them with the state. WAC 220-413-070: Hunters can't use drones to locate, hunt, or pursue animals without a permit. WAC 172-110-070: The code prohibits drones where there is a reasonable expectation of privacy, such as changing rooms. |
West Virginia | WV Code § 20-2-5: Hunters can't use drones for hunting, killing, or otherwise taking a wild animal. WV Code § 61-16-1 to 61-16-2: Using a drone to watch, follow, contact, or record someone without permission is a crime. |
Wisconsin | WI Statutes § 175.55: Law enforcement must have a search warrant to gather evidence at a private location via drone. There are exceptions for emergencies. WI Statutes § 942.10: Using a drone to surveil, photograph, or record someone with a reasonable expectation of privacy is a Class A misdemeanor. WI Statutes § 941.292: Flying a weaponized drone is a Class H felony. WI Statutes § 114.045: Flying a drone over a correctional facility is punishable by a fine of up to $5,000. |
Wyoming | WS § 10-4-303: The law prohibits flying drones at a low altitude or in a dangerous manner. Drone operators can't take off or land using another person's property without consent. |
Need Help Understanding the Drone Laws in Your State?
Laws regulating the use of unmanned aircraft systems (UAS) are constantly changing as the technology develops and gains broader adoption among consumers. If you're unsure about the laws in your state or have a particular legal need with respect to drones, consider meeting with an attorney licensed to practice in your state.
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