Yes, flying drones over private property in New Hampshire is legal but tightly constrained by federal, state, and local laws. The Federal Aviation Administration (FAA) governs airspace, while New Hampshire’s 2023 SB 313 and local ordinances impose additional restrictions, particularly regarding privacy and trespass. Violations risk civil penalties or criminal charges under RSA 644:9 (criminal trespass).
Key Regulations for Flying Drones Over Private Property in New Hampshire
-
FAA Part 107 Compliance: Operators must hold a Remote Pilot Certificate for commercial flights, adhere to altitude limits (≤400 ft AGL), and avoid restricted airspace (e.g., near Manchester-Boston Regional Airport). Recreational flyers must follow the FAA’s Recreational UAS Safety Test and notify airports of operations.
-
Privacy and Trespass Laws: Under RSA 644:9, drones may not capture images or data over private property without consent if it violates reasonable expectations of privacy (e.g., peering into windows). Local municipalities, such as Portsmouth and Nashua, have enacted ordinances banning drone surveillance in sensitive areas like schools or parks.
-
Local Ordinances and 2026 Compliance Shifts: Several towns (e.g., Hanover, Durham) prohibit drone flights over residential zones without permits. The 2026 NH Department of Transportation (NHDOT) Unmanned Aircraft Systems Strategic Plan will further restrict flights near critical infrastructure, requiring geofencing compliance for all operators.
Violations may trigger enforcement by the NH Attorney General’s Office or local law enforcement, with penalties escalating for repeat offenses. Always verify FAA NOTAMs and municipal codes before flight operations.