Yes, flying drones over private property in Wisconsin is legal under federal FAA rules and state statutes, but strict privacy and local ordinances apply. Wisconsin Statute § 943.70 prohibits drone surveillance violating reasonable expectations of privacy, while municipal codes (e.g., Madison’s 2024 drone ordinance) may impose additional height or noise restrictions. Operators must also comply with FAA Part 107 rules, including airspace authorization near airports.
Key Regulations for Flying Drones Over Private Property in Wisconsin
- Privacy Violations Prohibited: Under Wis. Stat. § 943.70, capturing images or data of individuals on private property without consent constitutes a Class A misdemeanor if it intrudes upon a “reasonable expectation of privacy.” This includes drones hovering over fenced yards or through windows.
- Local Ordinances: Cities like Milwaukee and Madison enforce additional rules, such as maximum altitudes (often 100–150 feet) or noise limits (e.g., Madison’s 2024 ordinance banning drones within 500 feet of schools during hours). Violations may trigger fines up to $1,000.
- FAA Airspace Restrictions: Wisconsin’s Class B and C airspaces (e.g., near Milwaukee Mitchell International Airport) require FAA authorization. Operators must use LAANC or Part 107 waivers to fly in controlled zones, even over private land.
Additional Considerations:
- Trespassing Risks: While flying over property isn’t inherently trespassing, landing or hovering too close to structures (e.g., within 50 feet) may violate local trespass laws.
- 2026 Compliance Shifts: Wisconsin’s Department of Transportation is drafting rules to align with the FAA’s 2026 Remote ID mandate, requiring drones to broadcast identification signals—critical for law enforcement tracking.