Yes, flying drones over private property in Utah is legal but tightly controlled by federal, state, and local laws. The FAA governs airspace, while Utah’s SB 157 (2023) and Salt Lake City’s 2026 drone ordinance impose additional restrictions on privacy and altitude near residential zones.
Key Regulations for Flying Drones Over Private Property in Utah
- FAA Part 107 Compliance: Operators must hold a Remote Pilot Certificate for commercial flights, adhere to 400-foot altitude limits, and avoid flying over people without consent. Recreational flyers must follow the FAA’s Recreational UAS Safety Test and notify airports within 5 miles.
- Utah SB 157 (2023): Prohibits drone surveillance of private property without written consent, criminalizing unauthorized recording of individuals. Violations may result in misdemeanor charges or civil liability for invasion of privacy.
- Local Ordinances: Salt Lake City’s 2026 drone policy bans flights below 200 feet over residential properties between 9 PM and 7 AM, requiring permits for commercial operations in designated zones. Other municipalities may impose stricter height or time restrictions.
Critical Considerations:
- Trespassing Risks: Even if airspace is legal, landing or hovering near private property may constitute trespassing under Utah Code § 76-6-206.
- Privacy Laws: Utah’s Invasion of Privacy Act (UCA § 76-9-402) applies to drone footage, mandating consent for capturing images in areas where individuals have a reasonable expectation of privacy.
- Enforcement: The Utah Attorney General’s Office and local law enforcement actively monitor drone misuse, with penalties escalating for repeat offenses or violations near sensitive sites (e.g., schools, correctional facilities).