The FAA, as a federal agency, supersedes state and local laws. You have FAA rules telling you that it’s okay to fly over someone else’s house and state and/or local laws telling you that you cannot. These laws can prohibit the usage of commercial and recreational drones around private property.Īgency drone pilots, also known as government pilots, such as law enforcement are usually the exception. If you read our drone law series for all 50 states in the US, then you’ll recall that most states have at least some state laws and that many of them have local laws as well. That goes for your own property as well! What about state and local laws? Do FAA regulations supersede these laws? Thus, a homeowner doesn’t have a claim to the airspace even if it is on their property. Instead, the federal government owns that airspace. Okay, but we’re sure you’re wondering, if someone owns property, then doesn’t that include the airspace above their property as well? That does indeed permit you to fly your drone over houses in your neighborhood and even adjoining neighborhoods if you wanted to. In other words, you have to keep your drone within 400 feet to stick within the allowed parameters. This airspace is also “below 400 above ground level.” The FAA allows drones in uncontrolled airspace, which is defined as airspace that doesn’t fit into any airspace class. Of course, for the purposes of this blog, we’ll focus on FAA rules only as they apply to drones. FAA rules are for far more than drones but all sorts of aircraft.
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