In the US this depends on the local council regulations. There are two levels of regulation to consider when understanding where you can fly your drone in the US; national and local.
State and Local Council Regulations on Flying Drones
Local councils may have regulations under the premise of trespassing, invasion of privacy or being a nuisance. In Florida for example law SB 766 // 2015 forbids drones from taking photos or surveillance of private property or the owner/ occupier unless you have their written consent but does not exclusively ban your drone from flying over the property.
The only states in the US that DON’T have drone laws in place at the time according to World Population Review of writing this article are Alabama, Massachusetts, Missouri, Nebraska, New York, Ohio, and South Carolina.
As well as checking with your local council, the B4UFLY app has been developed to help identify areas with flight restrictions on an interactive map. More details on the (Apple Store / Google Play). The image below shows the permanent flight restrictions for Washington DC.
National Regulations on Flying Drones over Private Properties
The related federal laws (that effect everyone in the US) are communicated by the Federal Aviation Administration (FAA). The FAA controls the airspace over 400 feet (~12m), under this altitude is generally classified uncontrolled airspace. The airspace over private properties is not covered in this legislation.
What are the rules for flying a drone in the US?
If you are just flying the drone for your own enjoyment (and not receiving any payment for work) then you must abide by the following rules:
- Keep the drone within your site
- Steer clear of other air craft
- You must not fly over people or moving vehicles
- Stick to Class G airspace (uncontrolled airspace)
- Do not fly the drone at night unless it has lights
- *Register your drone with the FAA
See the full list of regulations here.
What drones have to be registered?
If your drone is less than 0.55lb (250g) then registration is generally not required but if it is over 55lb (25kg) then you will also need remote pilot certification. The DJI Mini falls just under this weight limit, our comparison table on the Best Drones For Beginners page shows how it stacks up against other UAVs.
Registration costs about $5 for three years and you’ll need to provide the make and model of your drone, your email and physical address.
Certification for Flying Drones for Commercial Use
To fly a drone for commercial use in the US or if your drone is over 55lb you need to get a remote pilot certificate from the FAA and N-number registration. This certifies that you understand how to operate the drone safely, that you know the regulations and the operating requirements.
Non-recreational and commercial drone flying has stricter rules. This includes paid activities such as real estate photography and undertaking roof inspections but can also include unpaid tasks like volunteer tasks for non-profit organisations.
Recreational use according to the FAA is flying only for fun and for personal use.
