Yes, flying drones over private property in North Dakota is legal under federal and state frameworks, but strict compliance with aviation and privacy laws is mandatory. The FAA governs airspace regulations, while North Dakota’s 2023 SB 2305 imposes additional privacy protections, including heightened restrictions near residential areas. Violations risk civil penalties or criminal charges under state wiretapping statutes.
Key Regulations for Flying Drones Over Private Property in North Dakota
- 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 Grand Forks AFB). Recreational flyers must follow the FAA’s Recreational UAS Safety Test and notify airports of operations within 5 miles.
- State Privacy Protections: North Dakota’s SB 2305 (effective 2024) prohibits drone surveillance of private property without consent, targeting “peeping Tom” violations. Courts may suppress evidence obtained via unauthorized aerial monitoring, per State v. Bitz (ND Sup. Ct., 2022).
- Local Ordinances: Cities like Fargo and Bismarck enforce additional restrictions, such as no-fly zones over parks or event venues. The North Dakota Aeronautics Commission (NDAC) maintains a 2026 update to its drone policy, aligning with federal Remote ID mandates.
Critical Considerations:
- Trespass Risks: Even if FAA-compliant, descending below 400 ft over private property without permission may constitute trespass under NDCC § 20.1-01-05.
- Data Retention: SB 2305 requires operators to delete collected imagery within 30 days unless under subpoena.
- Emergency Exceptions: Law enforcement may deploy drones without consent for search-and-rescue or disaster response, per NDCC § 29-29.1-03.