Yes, flying drones over private property in California is legal but tightly controlled by federal, state, and local laws. Property owners retain airspace rights below 400 feet, and operators must avoid trespassing or violating privacy statutes like Penal Code § 647(j). The FAA’s 2026 Remote ID mandate and California’s SB 807 (2022) further restrict unauthorized surveillance, requiring compliance with both Part 107 rules and local ordinances.
Key Regulations for Flying Drones Over Private Property in California
- FAA Part 107 Compliance: Operators must hold a Remote Pilot Certificate, register drones, and adhere to altitude limits (≤400 feet AGL) unless obtaining a Part 107 waiver. Night flights require additional certification under FAA guidelines.
- California Privacy Laws: SB 807 prohibits drone use to capture images or data over private property without consent, with penalties up to $5,000 per violation. Local agencies, like the Los Angeles Police Department’s UAS Unit, enforce these rules aggressively.
- Local Ordinances: Cities such as San Francisco and San Diego impose additional restrictions, including no-fly zones near sensitive areas (e.g., schools, government buildings). The California Department of Transportation (Caltrans) may require permits for flights near highways or state property.
Violations may trigger civil lawsuits, criminal charges under Penal Code § 632 (eavesdropping), or FAA enforcement actions. Operators should consult the FAA’s B4UFLY app and local municipal codes before flight operations.