§ 4626. Drones; operation over private property without consent of owner; civil penalty
(a) A person shall not fly a drone for hobby or recreational purposes at an altitude of
less than 100 feet above privately owned real property unless the person has obtained
prior written consent from the property owner.
(b) A person shall not, without the prior written consent of the property owner or occupant,
use a drone to record an image of privately owned real property or of the owner or
occupant of the property with the intent to conduct surveillance on the person or
the property in violation of the person’s reasonable expectation of privacy. For purposes
of this subsection, a person is presumed to have a reasonable expectation of privacy
on the person’s privately owned real property if the person is not observable by another
person located at ground level in a place where the other person has a legal right
to be, regardless of whether the person is observable from the air using a drone.
(c) A person engaged in the business of selling drones shall provide written notice to
each purchaser of a drone required to be registered by the U.S. Department of Transportation
about the requirements under subsections (a) and (b) of this section for flying a
drone above privately owned real property without the property owner’s prior written
consent.
(d) A person who violates this section shall be assessed a civil penalty of not more than:
(1) $50.00 for a first violation; or
(2) $250.00 for a second or subsequent violation.
(e) As used in this section:
(1) “Property owner” means a person who owns, leases, licenses, or otherwise controls
ownership or use of land, or an employee or agent of that person.
(2) “Surveillance” means:
(A) with respect to an owner or occupant of privately owned real property, the observation
of the person with sufficient visual clarity to be able to obtain information about
the person’s identity, habits, conduct, movements, or whereabouts; or
(B) with respect to privately owned real property, the observation of the property’s physical
improvements with sufficient visual clarity to be able to determine unique identifying
features about the property or information about its owners or occupants.
(f) This section shall not apply to the use of drones by:
(1) distribution or transmission utilities or their contractors for purposes of ensuring
system reliability and resiliency; or
(2) a law enforcement officer for legitimate law enforcement purposes. (Added 2023, No. 161 (Adj. Sess.), § 40, eff. June 6, 2024.)