Yes, flying drones over private property in Arkansas is legal under federal FAA rules, but strict state and local restrictions apply. Property owners retain rights to privacy and nuisance claims, while Arkansas’s 2024 drone legislation (Act 1042) imposes additional compliance burdens, including mandatory registration with the Arkansas Department of Transportation by 2026.
Key Regulations for Flying Drones Over Private Property in Arkansas
- Privacy Violations Prohibited: Arkansas Code § 17-80-113 criminalizes drone surveillance of private property without consent, including capturing images or data that infringe on reasonable expectations of privacy. Violations may result in misdemeanor charges or civil liability.
- Local Ordinances Override State Law: Cities like Little Rock and Fayetteville enforce local drone restrictions, such as no-fly zones near schools or parks. Operators must verify municipal ordinances, as non-compliance risks fines up to $1,000 under municipal codes.
- FAA Part 107 Compliance Mandatory: All commercial drone flights require FAA Part 107 certification, while recreational flyers must follow FAA recreational guidelines. Arkansas’s 2026 registration mandate for all drones (including recreational) aligns with federal standards but adds state-level tracking.
Additional considerations include:
- No-Fly Zones: Prohibited airspace includes within 5 miles of airports (e.g., Bill and Hillary Clinton National Airport) without prior ATC coordination.
- Liability Risks: Property owners may sue for trespass or invasion of privacy if drones operate below 400 feet over their land without permission, even if no images are captured.
- Permit Requirements: Special waivers are needed for flights over sensitive areas (e.g., power plants, correctional facilities) under Arkansas’s Critical Infrastructure Protection Act.