This is one of the most searched drone questions on the internet and the answer is more nuanced than most people expect. The short version: under federal law, the FAA controls navigable airspace and private property owners do not own the sky above their land. But that does not mean you can fly wherever you want without consequence. Here is the full picture.
What Federal Law Says
The FAA has jurisdiction over the navigable airspace of the United States. Under federal law, that airspace is public — it does not belong to whoever owns the ground below it. This is the same principle that allows commercial airlines to fly over your backyard without asking permission.
Part 107 does not contain any rule that prohibits flying over private property specifically. Your authorization requirements are determined entirely by the airspace class at your location — not by who owns the land below. If you are in Class G airspace below 400 feet AGL, you can legally operate under Part 107 without the landowner's permission from an FAA standpoint.
Where It Gets Complicated — State and Local Laws
Federal airspace law is one layer. State and local laws are another, and this is where private property becomes genuinely complicated for drone pilots.
Many states have passed drone-specific laws that go beyond federal Part 107 rules. Some of these laws restrict flying over private property without consent, create privacy protections against aerial surveillance, or establish minimum altitudes for flying over certain property types like farms or critical infrastructure. These laws vary significantly by state and are still evolving.
Local ordinances add another layer. Some cities and counties have their own drone rules. The FAA has pushed back on many local drone laws as federal preemption applies to airspace regulation, but the legal landscape is still being sorted out in courts.
The practical reality is that even if you are technically legal under Part 107, flying low over someone's private property without permission can expose you to state privacy claims, harassment complaints, or civil liability — even if the FAA has no objection.
The Low Altitude Question
The legal concept of property ownership historically included the airspace immediately above the land — enough to reasonably use and enjoy the property. Courts have generally recognized that landowners have some rights to the airspace directly above their property at very low altitudes, even though the FAA controls navigable airspace higher up.
There is no bright line altitude that definitively separates "your" airspace from public navigable airspace for low-altitude drone operations. This is an area of ongoing legal development. Flying at 400 feet over someone's backyard is very different legally and practically from hovering at 20 feet outside their window.
Situations Where Permission Is the Smart Move
Even when you are legally in the clear under Part 107, getting permission before flying over private property is almost always the right call in these situations:
- Residential neighborhoods. Flying low over people's homes creates privacy concerns and can generate complaints even if nothing you are doing violates any rule.
- Commercial shoots on or near private land. If your flight path takes you directly over private property as part of a paid job, a simple conversation with the property owner protects you from disputes after the fact.
- Agricultural land. Several states have specific protections for farms and agricultural operations. Do not assume open fields mean open airspace legally.
- Critical infrastructure. Power plants, water treatment facilities, and similar sites often have additional airspace restrictions on top of trespassing laws. Check before you fly.
What You Cannot Do Regardless
Even with a Part 107 certificate and legal airspace access, some things are off limits:
| Activity | Why It's a Problem |
|---|---|
| Surveilling people without consent | Privacy laws in many states prohibit using drones to observe or record people in places where they have a reasonable expectation of privacy, regardless of airspace legality. |
| Flying over critical infrastructure | Specific FAA rules and federal laws restrict drone operations over power plants, dams, water treatment facilities, and similar sites. |
| Harassment | Using a drone to repeatedly fly over, follow, or intimidate someone is actionable regardless of whether you are in legal airspace. |
| Flying in a way that endangers people or property | Part 107 prohibits reckless operations. Flying low and fast over a populated backyard is a regulatory issue on top of any property dispute. |
The Common Sense Rule
The fact that something is federally legal does not mean it is consequence-free. A homeowner who feels their privacy is being violated is going to call the police. A neighbor who sees a drone hovering over their yard is going to complain. Even if every complaint leads to nothing legally, the hassle and reputational damage to your business is real.
The commercial drone pilots who build strong businesses treat property access the same way they treat airspace authorization — something to sort out before the flight, not something to argue about after.
Know the rules before you fly
FAA 107 Prep covers Part 107 regulations, airspace, and everything else on the exam with practice questions and plain English explanations.