Drone Laws in California
If you are drone owner living in the state of California, it’s very important that you know and understands all of the drone laws for your state.
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This article will give a brief overview of the laws in your state, but we can’t keep cover all the minutae in only two thousand words. That’s why we highly recommend that you do some research on your own time and, ideally, enroll in a professional course if you’re actually looking to get certified. Though there’s lots of options for learning more about drone laws, we highly recommend the#1 Rated Professional Course: Drone Pilot Ground School. Get $50 Off as a Dronethusiast reader, just click the link and sign up. It’s a great way to learn about drone laws and piloting that’s cheaper than most of its competition, you can purchase it once and own it forever and they’re constantly updating their professional training.
All that said, let’s move on to the important stuff.
Flying Over California
Lake Tahoe, located on the border of Nevada and California, is North America’s largest alpine lake. The gorgeous pines and beautiful crystal blue water stretching across the landscape is one of the best areas to fly in all of California.
Speaking of bodies of water, Clear Lake in Northern California is also an awesome area to fly a drone over. Though it’s just a simple freshwater lake, it has a beautiful backdrop and scenery to it, not to mention the potential for open air and the maneuverability factor.
Huntington State Beach in Orange County is another perfect location. You’ve got 121 acres of pure sun, sand, and water. The incredible cliffs and water is a sure spot to fly over if you’re a big fan of everything that’s there. Crystal Cove is also another location you definitely don’t want to overlook, as well!
The Registering Process in California
The Federal Aviation Administration (FAA) requires that all Small Unmanned Aircraft Systems (UAS) owners follow strict regulations and laws. You will need to file your name, home address and your email address as a start.
From there, you will receive a Certificate of Aircraft Registration and Proof of Ownership. These will include an identification number for your aircraft. You must have this number displayed on your drone at all times. The number will be valid for up to three years.
All aircraft that weighs more than 0.55 pounds, or 250 grams, and less than 55 pounds, or 25 kilograms, must be registered. This also includes any added payloads, such as an onboard camera.
You must be at least 13-years-old in order to register and, effective December 21st, 2015, all newly purchased or made drones must be registered before their first flight. You are able to register through a paper-based process, but you can also do so online by clicking here.
Proximity to Airports in California
As a general rule of thumb, and in accordance with the law from the FAA, you may not flay within a 5 mile radius of any airport. In 2012 the FAA enacted the Modernization and Reauthorization Act which requires hobbyist drone operators, meaning residential, to contact air traffic control and/or airport management if they are operating within a 5 mile radius of a local airport.
This is enacted nationwide, not only in California, under Part 101 of the Act, being Special Rule for Model Aircraft, to ensure that drone operations under unsafe conditions are disapproved before the drone can be launched.
Regardless of the local airport you will be flying near, and possibly breaching airspace, you will need to contact either the airport air traffic control tower or the airport operator.
You will need to establish an agreed-upon operating procedure with airport air traffic or the airport operator and answer a couple of questions. For example, questions relating to how long you are going to be flying for.
Unique Drone Laws in California
Aside from the drone laws that are nationwide and set by the FAA, California has a couple of unique drone laws set only statewide. At this time of writing all laws, bills, acts, etc., listed are in effect.
Civil Code 43.101.
(a) An emergency responder will not be liable for any caused damage to a UA or UAS if said damage occurred during a response to an emergency if the UA or UAS was interfering with the enabling, support, or operation of the emergency services that are listed in Section 853 of California’s Government code.
(b) (1) “Emergency responder” meaning personnel acting within the range of authority or provided expressly by a public local entity or public employee of one local public entity who is providing emergency services being:
(A) An unpaid or paid volunteer
(B) A private entity
(2) The following terms listed below hold the same exact meaning as the terms used within Chapter 4.5 paired with Section 853 of Part 2 of Division 3.6 as well as Title 1 for California’s Government Code:
(A) A local public entity
(B) A public employee from a local public entity
(C) Unmanned aircraft (UA)
(D) Unmanned aircraft system (UAS)
Civil Code 1708.8.
(a) An individual is fully liable for any physical invasion of privacy if/when they knowingly enter owned land or airspace that is above another individual without permission or permit and has committed a trespass for the purpose of capturing any type of sound recording, physical impression, or visual image of another engaging in family, personal, or private activity and deemed offensive to the plaintiff.
(b) An individual is fully liable in the case of constructive invasion of privacy when an individual attempts to offensively capture, to a reasonable degree, any type of sound recording, physical impression, or visual image of another individual even if no physical trespass has occurred, regardless whether or not the information taken was unable to be done without the device
(c) False imprisonment or an assault has been committed with the clear intent to capture a sound recording, physical impression or visual image take of the plaintiff is subject to the subdivisions of (d), (e), and (h).
(d) An individual who has committed any of the acts described in subdivisions (a), (b), or (c) is fully liable for up to triple the amount of any special and/or general damages that were caused by the section’s violation. Said individual may, in addition, be liable for punitive damages subjective to proof collected in accordance with Section 3294.
If the plaintiff is able to prove that the privacy invasion was committed for commercial purposes, the individual will, in addition, be subjected to disgorgement to the plaintiff for any proceeds or other forms of consideration obtained for the section’s violation.
An individual who has come within this subdivision’s description will also be subjected to a civil fine of no less than $5,000 and no more than $50,000.
(e) An individual who solicits, directs, induces, or causes another individual to violate any subdivision’s provision, whether or not there is an employee-employer relationship or vise versa, of (a), (b), or (c) is fully liable for any consequential, special, and/or general damages as a result of said violation.
In addition to such, the individual that solicits, directs, induces, or causes another individual to violate any section will also be liable for punitive damages to the extent of an employer being subjected to punitive damages in accordance with Section 3294’s subdivision (b).
An individual who has come within this subdivision’s description will also be subjected to a civil fine of no less than $5,000 and no more than $50,000.
(f) (1) The actual knowledge of a broadcast, transmission, publication, offer for sale, sale, or any other use for any sound recording, physical impression, or visual image captures or taken in violation with subdivision (a), (b), or (c) cannot constitute a violation in regard to this section unless the individual has provided compensation through remuneration or consideration, monetary and/or otherwise, for the rights to the obtained sound recording, physical impression, or visual image unlawfully.
(2) “Actual knowledge” in paragraph (1) relating to the recognition, understanding, and full awareness of obtaining the information prior to doing so when the trade or sale took place in violation with subdivision of (a), (b), or (c). The plaintiff will establish actual knowledge through convincing and clear evidence of such.
(3) Any individual who publicly broadcasts, offers for sale, publishes, transmits, or sells any format, work, medium, sound recording, visual image, or any other type of physical impression previously publicly transmitted, broadcast, sold, offered for sale or any relation to such by another individual is exempt from any liability under this section.
(4) If an individual’s first public publication, sale, offer for sale, or broadcast of a sound recording, visual image, or other physical impression of any sort captured or taken in violation with subdivision (a), (b), or (c) does not constitute any violation of this section.
That individual’s subsequent public transmission, broadcast, offer for sale, sale, publication, in any form, work, format, or medium of the sound recording, physical impression or visual image does not constitute a violation of this section.
(5) This section only applies to any sound recording, physical impression or visual image taken or captured in California is violation with subdivision (a), (b), or (c) after January 1st, 2010 and does not apply to any sound recording, physical impression or visual image captured or taken outside of California.
(6) Nothing within this specific subdivision can be construed to limit or impair a special motion for the purpose of striking pursuant with Section 425.16, 425.17, or 425.18 of California’s Code of Civil Procedure.
(7) This section cannot be construed to limit all of the other remedies or rights of the plaintiff in equity or law, which also include, but are not limited to, the publication of any involved private facts.
Further Reading
Kennedy Martinez
kennedy@dronethusiast.comKennedy Martinez is a resident writer who joined Dronethusiast at the beginning of 2019. She has years of experience reviewing drones and other tech products. When it comes to flying drones, Kennedy loves the ability to create artistic videos from a unique point of view. Kennedy enjoys researching new drones and other exciting products that are available to consumers which is why she is committed to creating the best buyer's guides for our readers.
Is there anyway to find out who is operating the drones? I have several drones that fly over my property at all hours of the day and night and i would like to get this stopped.
Well seeing as all drones need to be registered with the FAA, if a drone operator *is doing something illegal* by flying a drone over your house, you can report it the police. If the police act on your report, they can find out who the drone is registered to and take action. If it’s not registered, then it is not legal to fly it, allowing the police to act from there. If it is legal for a drone to fly over your house then you just have to deal with it. Your best path is to catch the drone doing something illegal. So first, get video of the drones flying over your house, and try to video the ID number on the drone that registered drones must have, if it’s not registered it is illegal right off the bat. Second, determine if it is a drone with a camera, most are nowadays. Then try to video the drones from a place on your property where you wouldn’t be publicly visible at ground level, as in some states, it’s only a violation if you are recorded by drone in a place where you have a reasonable expectation of privacy. Also, most drones have a maximum battery fly time of 30 minutes or less, so with a little effort, you should be able to track a drone to the operator by following it.
That’s only partially true on registration. The drone itself only has to be registered with the FAA if operated under Part 107. Otherwise, you can operate under Section 336 as a model aircraft and only need a Small UAS Certificate of Registration which is a identifying number, but can be shared with multiple model aircraft. Besides, you are not going to see any numbers like you would a N number on an aircraft. But just under Civil Code 1708.8 section (a) you may have something? But do you live by a park or something that would be used as a make shift landing zone? You said several so I doubt they are “trespassing” for any of the civil code reasons. Check for any city codes that may be in place.
Do you want them stopped because of the sound or the concern from the use of the camera?
I wish he would have answerd… thank you friend.
Drone Guy, I appreciate your rational & reasonable approach to this issue although you’re an enthusiest, I understand. You’re not ignoring the fact there are individuals that are not abiding by the FAA regulations & I commend you for your honesty. Thank you.
I would also like to know the answer to that! Thanks!
Suck it up butter cup.
Drones are here to stay and the more the populous pushed against the drone community the worst it will get. This is just like cell phone cameras when they started coming out.
Based on attitudes like yours, I will just shoot them out of the sky when over my property.
because you want to get prosecuted for property damage, firearms discharge and wildlife/ human endangerment etc etc. have fun with your 5 year prison stint because you are a wacko that has such a sad life with nothing going on you fixate on toys that you could otherwise ignore. let me guess, you have a survival bunker in case ISIS attacks middle of nowhere bumpkinland and you have a “make america great” hat?
Wow. How do you conflate someone wanting to protect their right to privacy with being a “wacko”? So if some pedo feels like filming your children playing in the privacy of a yard it’s OK?
The “right to privacy” is legally construed as “the right of the individual to be free from unwanted GOVERNMENTAL intrusion”, not intrusion by another individual. The U.S. Supreme Court came out with the definition, not me. Intrusion by a separate individual is recognized as a “trespass.”
Trishn29 shooting down a drone is a felony you might as well shoot down an airliner.
You’re going to shoot down a drone flying at an altitude of about 400 feet at a land speed of 35 miles per hour? You’ll have a better chance of having your bullets break windshields and dent your neighbors’ cars. Good luck.
100 feet above your home is public airspace. Get over it.
That is not trtue
The comment on allowing drones at the Yolo Bypass Wilderness Area is incorrect. When you look it up it comes up as Yolo Bypass Wildlife area and that this is west of Sacramento and is illegal to fly drones by the DFW.
The entire bypass isn’t a Wildlife area though, that’s only the area between Davis and West Sacramento. The part of the bypass that is north of there, between Woodland and Sacramento is not a Wildlife Area.
I just purchase a Drone and I am thinking it was a mistake. I am in San Diego.
I am in San Diego and thinking about getting one. I would love to hear your thoughts. Why do you think, it was a mistake? Thanks,
There are very few places in the City of San Diego where you can legally fly a drone without getting permission. People still do it. Some drones wont even start in some locations of the City. Another thing to consider is all the radio wave interference in a big city. It can effect the way a drone fly’s sometimes. You can still find safe places to fly in San Diego, just make sure you do your research. Also I recommend downloading the UAV Forecast Application.
Drone piloting in California is basically illegal.
Damn close…look at this BS. I agree we have a right to privacy but we also have a right to fly in public (controlled by the FAA) airspace but California has pretty much taken over the FAA’s control of the airspace.
Civil Code 1708.8.
(a) An individual is fully liable for any physical invasion of privacy if/when they knowingly enter owned land or airspace that is above another individual without permission or permit and has committed a trespass for the purpose of capturing any type of sound recording, physical impression, or visual image of another engaging in family, personal, or private activity and deemed offensive to the plaintiff.
(b) An individual is fully liable in the case of constructive invasion of privacy when an individual attempts to offensively capture, to a reasonable degree, any type of sound recording, physical impression, or visual image of another individual even if no physical trespass has occurred, regardless whether or not the information taken was unable to be done without the device
(c) False imprisonment or an assault has been committed with the clear intent to capture a sound recording, physical impression or visual image take of the plaintiff is subject to the subdivisions of (d), (e), and (h).
(d) An individual who has committed any of the acts described in subdivisions (a), (b), or (c) is fully liable for up to triple the amount of any special and/or general damages that were caused by the section’s violation. Said individual may, in addition, be liable for punitive damages subjective to proof collected in accordance with Section 3294.
I agree it’s almost any location in California is either “ no fly zone “ or Private property
It seems risky to fly
What is the current law on aerial drone surveillance on city streets using drones?
For example, observing traffic conditions and/or groups of individuals (such as like a mob).
I recently purchased a drone for $$$. I liked the drone, fun to fly but no matter where I fly, in the empty place or remote park where there are hardly anyone, some person will come and say it is illegal to fly at that place, I have never flown over private properties.
With laws and city codes changing everyday, it is difficult to follow them and I don’t want to break the law.
My drone is becoming a show piece.
With how the FAA has the restrictions, it make flying anywhere illegal except this is insane
Can I legally shoot a drone that is flying within 385 ft above my property. What is the law in California for such an incident.
Don’t shoot the drone under any circumstances. The drones are considered aircraft by the FAA and interfering with the operation of an aircraft (like by shooting it down) is a federal crime. Not to mention shooting a gun into the air is really not a good idea and probably illegal where you live. I understand it can be really annoying having a drone buzzing around where you don’t want it but shooting at it is currently a very serious crime. If you can find the operator ask him to please stop flying over your house. Most of them will be very understanding and if that doesn’t work, or you cant find the operator, call the police.
You using a firearm to shoot down a relatively harmless drone puts people at actual risk for serious bodily harm from projectiles falling out of the sky. Not only is it illegal to discharge a firearm in residential areas, but it could actually kill someone. A drone flying over your house, while only being a mere potential privacy issue (and in rare cases, a security issue) with a very low risk of actually being hit by the thing, does not justify retaliation with firearms in any case unless they pose a major security threat to, say, a military installation. Basically, civilians should never use firearms against drones, even if it’s technically legal in your area. You’re just being selfish in doing so, so call the police instead of putting lives at risk over a tiny, harmless UAV.
They made a shot gun just for this reason but it shoots a net, also sling shots that have wire or strong string that when launched is very effective in taking out a drone, and legal.
It would be nice if someone simply published a map of where you CAN fly a drone. With airports peppered across the state (hardly anywhere in the west Bay Area is < 5 miles from an airport), The NOAA marine exclusion zones across most of the coastline (minimum 1000/2000 feet altitude which exceeds the 400ft height restriction for hobby flights), unclear demarcation lines for the national parks, strategic resources (bodies of water designated as reservoirs are restricted) and city/county specific exclusions, I haven't found anywhere where it's clearly permitted. I don't understand why it's not the responsibility of the FAA to decide and classify the acceptable usage of airspace in the continental US. I'm sure there are some permitted regions but I can't seem to identify them.
The FAA rolled out the LAANC (Low Altitude Authorization and Notification Capability) for many areas of the country – including the west coast in the past few weeks. Apps like AirMap can give Remote Pilot Certificate holders instant permission to fly in allowed areas. This includes areas within the 5 mile radius of airports at certain altitudes.
https://www.faa.gov/uas/recreational_fliers/where_can_i_fly/b4ufly/
Piloting drones is illegal in California. I treat it like I’m committing a felony. I get in, fly quick, pack up and run. I ignore the laws almost entirely because the laws make it impossible to take aerial photography.
I’m so glad you all enjoy your hobby, but I DON’T enjoy your drones buzzing around my back yard. Not only is the sound annoying, disturbing my peace and quiet, but to me, it’s the same as some peeping Tom looking in my window. How about if I start looking in your window AND filming it too? Would you be comfortable with that? How about your child’s bedroom window? My privacy is more important than your playtime. Grow up!
You have no expectation of privacy when someone is filming from a public place. In the case of drones, this also applies. As long as the drone operator is adhering to guidelines. I’d recommend getting some good shades for your windows if this is a huge concern. Telling people to grow up isn’t going to change what is a growing trend. Now it’s on you.
Dear All,
I’m going to California this Summer, and will make it from San Francisco to San Diego. I have an Mavic Pro Drone, bought in Europe, and was thinking abou taking it with me for this journey. Do I need to apply for the documentation, and if it accepted can I fly it over some places, with exception to places near the airport?
Can some one help me with this, and give me some tips where best to fly it?
The young man who rents the property across the street seems to spend at least 20 minutes flying over my yard when my 13 year old granddaughter and her friends are in the pool. Its starting to be creepy….Ive spoken to him…..his attitude is I cant prove anything. I hate to start calling the law but I would hate for him to be filming these girls. What would you do?
Most people do not have clear understanding of drones. There are areal photography drones, which capture high resolution video like 4K, examples would be DJI Mavic Pro, Phantom etc. Those are not to be confused with race drones. Race drones usually do not carry high resolution cameras, but transmit low quality analog video back to the operator only for navigation purposes. In that kid of video you cannot recognize a person. Anyone would look from 20 ft away like a shape of a person, and you would not be able to recognize them even with the best FPV cameras. If you see a Mavic Pro hovering over your yard, than I would be concerned, but fast flying drones zooming around trees, even with best FPV cameras, cannot see any details only general location of trees and objects.
Is it legal for my neighbor to fly drones right above my free ranging chickens? The chickens are freaked out by the drone – as they must think it is a hawk or other predatory bird. The drone has the chickens running around in the yard. Harassing animals on private property with a drone ought to be illegal if it isn’t already!
How about if I hit the drone with my shotgun? is that illegal?
Please comment.
There are some great iOS apps to show where it’s legal to fly your UAV:
Drone Buddy
Hover
UAV Forecast
If you’re flying for recreational purposes, you don’t need a license. You do need to register your craft with the FAA to get your Small UAS Certificate of Registration. You need to be respectful and follow the FAAs Special Rule for Model Aircraft:
Register their UAS with the FAA
Fly for hobby or recreational purposes only
Follow a community-based set of safety guidelines
Fly the UAS within visual line-of-sight
Give way to manned aircraft
Provide prior notification to the airport and air traffic control tower, if one is present, when flying within 5 miles of an airport
Fly UAS that weigh no more than 55 lbs. unless certified by a community-based organization
https://www.faa.gov/uas/faqs/#ffr
You folks have ruined Calif. it used to be a great place to live, and play. Now, uptight jerks can find any reason to make someone’s life crappy. How does it feel to be such an ass?
Seems to me that we all pay to support our parks and rec areas. Parks need to make accomkdation for all users. That does not mean that every square foot of parkland shoukd be open to drone use. Crowded areas do need restrictions, but the vast open areas of most parks shoukd not be no fly zones. There are abusers in every sport, but most drone fliers are either just enjoying the experience if flight or trying to take great areial photos or videos. We pay for the parks, we should be able to fly in them.
so many people on here concerned about privacy, noise, etc from drones. are you all also complaining about helicopters and airplanes flying over your homes all the time, with probably much better camera systems on them? nope.. I understand one’s right to privacy, but I can assure you that 99.9% of drone pilots are not trying to record you or your family. also, many drones are used for getting real estate and construction photos, by FAA liscenced pilots. assuming that a drone pilot is flying in your neighborhood because they’re a pedophile or pervert is irrational and says more about you than anything. it won’t be long before people are wondering why drones are not flying over their neighborhoods. “where’s my toothpaste delivery?” #amazon #ups
I live in chino, calif is it illegal to fly over houses and parks? Does anyone know the rules?
Why doesn’t California start a “Volunteer” drone fire detection organization with so many drone enthusiasts in the State?
The sooner a fire is detected with reportable GPS coordinates the sooner fire fighters can get on the scene to contain the
fire and keep it from spreading!
Once the effectiveness of this activity is proven maybe CalFire will decide to startup its own drone detection units throughout the State
which of course could mean jobs for the Dronenthusiasts?
Just a suggestion.
What time is illegal to fly a drone in california? Like when should I stop? Like is over past 10 flying late or ok? Spending 5 hours on the internet trying to find a answer damn near bout to call 911 just for a easy direct fucking answer!!!
I own a dji drone and like to fly it in my front yard. I try not to fly it over people’s homes and backyards. It is wrong to assume that everyone that owns a drone is a peeping Tom type of person. The only time I would be concerned if some one is recording you is, if you spot the drone hovering in one spot or hovering in your windows that is what a peeping Tom would do. If it just happens to fly over your backyard but dosen’t stop I wouldn’t worry about it. I had a neighbor that hunted me down for briefly flying over her backyard and gave me a peace of her mind on how she thought is wasn’t fair that I could fly over her backyard. I insured her I wasn’t recording and was just fly back to my starting point. She then went on to tell me not to fly over her house or backyard again. I told her I would do my best not to. People can be overly paranoid when it comes to drones some times but the person that has someone spying on her grandkids when they are in the pool is definitely creepy the the odds are if the drone is hovering in one spot over the pool that person is definitely recording
A neighbor just called the cops on me for flying my Mavic 2 Pro around the neighborhood.
I live by train tracks so I like to fly it over the tracks when the trains come and get video. I can’t see peoples’ yards because there are trees the line the side of the tracks.
When I land it I can obviously see over peoples’ fences but I don’t take pictures or record or anything. I don’t care what these people are doing in their own yards/houses/whatever. I just need to see where I’m going.
Anyway the cops came and knocked at the door. They asked if I have a drone and I told them I do.
They asked if it has a camera. I said yes it does.
They said someone complained that it may have been taking pictures or video and that I should remove the camera if I’m going to fly it in a residential area.
The camera doesn’t come off.
I didn’t break any laws. They cannot prove that I was “taking pictures or video” of them for several reasons: 1) I don’t know who complained 2) I wasn’t taking pictures or videos 3) even if I did how would they be able to prove that?
The laws are not clear. It says an invasion of privacy occurs if someone gets their picture taken from a place it wouldn’t normally be able to be taken, but what if the dingus only THINKS it was taken, but it wasn’t really?
ITs a sad day in America when you can get online and see so many people complaining about such a small issue as drone flight, and what the imaging is being used for. You are so worried about privacy??? How about google earth? ever use google earth to find your house? You can see whats in your yard pretty good. whos going to shoot down that drone???? HA HA, good luck on that. Can you sue google for putting your house online??? Doubtful… google puts your info online too, pictures of you, clips of things you post of facebook.etc, all of which you can do nothing about since it is of public interest!!!! If photographing people was illegal, there would be no popporatsi. Now popporatsi are just looking to film you……if you are famous. If you are not famous, chances are, nobody is going to waist their time filming you unless you are (1) doing something illegal, (2)running around naked. (3) hurting someone, etc. or (4) possible serveillance due to something related to (1),(2), or(3). if none of these apply to you, then my advice to you would be to ignore the drone, because its ignoring you. Get over yourself, or buy a drone and see exactly why they are in the air in the first place. The fun you have will make you one of the many,flying your drone while trying to ignore the few who try to ruin an otherwise enjoyable hobby.