Rules regulating flights over private property

I am growing concerned about flying over private property while mapping construction sites but also while capturing video and photos for realtors. Other than flying over crowds are there any regulations in California I should be aware of?

Hi @hts

Thank you for the question. This is not legal advice and should not be taken as such.

Whenever flying a UAV, please be sure to take into account Federal, State, and Local regulations. The FAA does limit flying over people, and I would recommend taking a look at their UAS page as a good starting point.

This article, by a non-governmental private organization, also may be able to help you with California-specific questions.

And then I would recommend checking local laws - municipalities, counties, or state parks.

Lastly, please always be sure to adhere to the DJI Fly Safe geofencing.

What @Adam_Carp said.

But (in my friendly voice) if you do not hold a part 107 certificate then you cannot legally fly anywhere in the US for any kind of compensation. I only say this because if you are certificated then you would already know this. :wink:

That’s a great question and you should be very concerned. Yes, there are Federal, State and local laws that can have a direct impact on what you’re attempting to do here. But I have to strongly agree with Dave, why are you asking this? You should know the regulations if you hold a Part 107 ticket. If you do not, then you’re operating illegally and that not only can hurt you and the people around you, it hurts all of us. Get your license and all those questions will be answered and you’ll be safe and legal in the process, hts.

OK I should have been more specific because I already know all of the above. Does anyone know of new California laws besides AB856, AB1680 or SB807 that will affect flights over private property? (Super “friendly” voice)

Thanks for the clarification !

I did a quick search of the California Penal Code and the only reference to “drone” or “remote controlled” I could find was regarding operating around an emergency situation which could be a misdemeanor, here.

That leaves the city or county. What I do is try a search for online information and if I can’t find it, or it is not definitive, I call the agency’s attorney’s office and ask. It’s generally pretty straight forward and keeps you in the clear.

I can’t comment on California, but there is almost no place on Pennsylvania to fly for practice. My question is how in the world can you get enough experience to offer commercial service if you cannot fly? I am part 141 pilot, and Faa licenced commercial UA. Although I live near many local parks, woods, oceans, etc not allowed to fly. The governor of PA even just passed a law making it a crime if you take off from your own back yard, a neighbor can file a complaint that you are spying on them. How they determine this I don’t know. I feel my drone is worthless. I thought I could build a fun little business for retirement. Now I don’t think so. Any ideas?

1 Like

This all does not seem to be too out of whack if you stick to the rules. It specifically states that no one under the state level can regulate UAV operations.