Drone Laws & Airspace
Why does this page exist?
Drones are becoming an increasingly common tool for infrastructure inspection, mapping, and data collection. At the same time, there is still a lot of confusion around where drones are allowed to fly, who controls the airspace, and what laws apply. This page is meant to provide a clear overview of how drone regulations work in the United States.
This is not legal advice, and it is not intended to cover every edge case. Instead, it is a brief overview that explains the fundamentals, addresses common misconceptions, and points readers to authoritative sources if they want to explore further.
How does drone regulation actually work?
In the United States, drones are regulated primarily at the federal level by the Federal Aviation Administration (FAA). This is because drones operate in the National Airspace System, which is federally controlled. While states and local governments can regulate activities on the ground—such as privacy, trespass, or how public agencies use drones—they do not control the airspace itself.
This distinction is important. Property ownership does not automatically grant control of the airspace above that property, just as owning land next to a highway does not allow someone to control traffic passing over it. The FAA’s role is to ensure aviation safety and manage how aircraft, including drones, operate within shared airspace.
Property Rights vs Airspace Rights
Property rights and airspace rights are often assumed to be the same, but they are treated differently under U.S. law.
Landowners generally control access to their property on the ground, including who may enter, take off, or land from that land. Airspace, however, is regulated at the federal level by the FAA as part of the National Airspace System. This means that lawful drone operations may occur over private property when conducted safely and in compliance with applicable federal regulations.
How and where drones operate is governed by aviation safety rules rather than land ownership boundaries. Questions related to trespass, privacy, or land access are handled separately from airspace regulation and are typically addressed through existing state and local laws.
Privacy concerns around drones are understandable and are primarily governed by state law. In general, aerial imagery of infrastructure does not automatically violate privacy, but professional operators take steps to minimize unnecessary data capture.
At Infrasight, data is collected for defined inspection and mapping purposes, and internal procedures are used to limit incidental imagery and handle data responsibly. Professional operations focus on assets, not individuals.
Privacy and Data Collection
Protection of Aircraft and Critical Infrastructure
Under federal law, drones are legally considered aircraft. As a result, intentionally damaging, interfering with, or destroying a drone is treated seriously.
Title 18 of the U.S. Code, Section 32, makes it a federal crime to damage or destroy an aircraft, including unmanned aircraft systems. This statute exists to protect aviation safety and applies regardless of whether the aircraft is manned or unmanned.
Common Myths About Drones
“If a drone flies over my property, it’s trespassing.”
Flying over private property is not automatically trespassing. Airspace is federally regulated, and lawful operations may occur over private land.
“I can shoot down or interfere with a drone over my land.”
Interfering with or damaging a drone is illegal and may carry serious federal penalties.
“All drones require permission from property owners.”
Permission may be required to access land for takeoff or landing, but not necessarily to fly over it.
“Commercial drones operate under the same rules as hobby drones.”
Commercial operations are subject to stricter certification, authorization, and safety requirements.
Why do professional drone operations matter?
Professional drone operators are trained, certified, insured, and accountable. They follow established safety procedures, obtain airspace authorization when required, and understand how federal and state rules interact.
This level of compliance is what allows drones to be used safely and effectively for infrastructure inspections, mapping, and asset management.
Learn More or Get in Touch
For readers who want additional detail, the following resources provide authoritive information:
FAA UAS Overview: https://www.faa.gov/uas
FAA Recreational Rules: https://www.faa.gov/uas/recreational_flyers
FAA Part 107 Regulations: https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107
Missouri Drone Laws: https://drone-laws.com/drone-laws-in-missouri/
If you have any questions about drone inspections, mapping, or how regulations apply to a specific project, you are welcome to reach out to Infrasight. We’re always happy to explain how we operate and why compliance matters.