Can Someone Legally Fly a Drone Over Your Property in Texas?

(KNUE-FM) As drones become increasingly mainstream, more people are inquiring about Texas laws regarding the operation of drones. 

Particularly when we're talking about flying drones over private property.

Is It Illegal to Fly a Drone Over Private Property in Texas?

Drones have become quite common for use in photography, business, and hobby flying. There's a chance you've seen a drone flying above your property. Now, part of you may be like "oh cool, look, it's a drone!"

Get our free mobile app

But another part of you might be wondering, "Wait, is that even legal? What are they doing up there? Should we be concerned about our security and personal privacy?

So, is it illegal to fly a drone over private property in Texas?

Like with many things, there's context.

It depends on what the drone is doing up there.

It's usually legal.

What the FAA Allows in Texas Skies

The Federal Aviation Administration (FAA) is the government entity responsible for regulating U.S. airspace, as opposed to individual states.

That being the case, if a drone flies under 400 feet, avoids designated restricted zones, such as an airport or other properties or areas (like where the President might be at any given time), and stays in the line of sight of pilots, that yeah, it's usually legal for a drone to fly over private property.

READ MORE: What Do You Think About Drones Instead of Fireworks on the 4th of July?

At the same time, although the state of Texas doesn't have the power to override the FAA's airspace authority, it does have the power to regulate the utilization of those drones.

Texas Drone Privacy Laws You Should Know

What if that drone is recording you without your consent?

That's a big no-no here in Texas, according to Texas Government Code 423. That's not allowed, even if the drone is flying "legally" otherwise, and offenders could receive a Class C or Class B Misdemeanor.

What Happens If Someone Breaks the Rules

Under Texas law, civil lawsuits may be brought in cases related to drones and privacy. A plaintiff can sue for up to $5,000 per image captured illegally by a drone over their private property.

No, You Can’t Shoot It Down

Keep in mind, however, that even if you see a drone flying over your private property and believe it's taking photos of your property, it's not legal to shoot the drone down. Shooting down a drone is considered destruction of aircraft, which is a federal offense.

What to Do If a Drone Is Watching You

The best course of action in these situations is to gather evidence of the flight and document it in some way, and then call the police to report it. You can also hire an attorney if it is discovered that illegal images were captured.