Drones Hovering Over My Yard: Privacy, Noise, and FAA Rules

The Golden Rule: You Don't Own the Air

The most frustrating reality for homeowners is that the Federal Aviation Administration (FAA) controls the airspace. Legally, you own the ground, but you do not own the air above your grass.

This means that simply flying a drone over your property is not illegal trespassing. Generally, if a drone is flying in compliance with FAA rules (under 400 feet, within line of sight), it has a right to be there.

When It Becomes Illegal: Harassment and Peeping

However, a pilot does not have the right to use a drone to harass you or invade your privacy. State laws often fill the gap where federal aviation law ends:

• Surveillance Laws: Using a drone to look into windows or record private activities (like sunbathing) where you have a "reasonable expectation of privacy" is illegal in many states.
• Harassment: If the drone follows you, hovers aggressively close to you, or dives at you, this is harassment. It is no different than a person following you on the sidewalk.

What About the Noise?

Drone noise is tricky. The high-pitched whine is annoying, but it rarely violates standard decibel limits unless the drone is very large or very close. However, "Continuous Nuisance" clauses may apply. If a neighbor flies a drone for hours every day, creating a persistent disturbance, it could be cited as a private nuisance, similar to a constantly barking dog.

What You Can Do (And What You Can't)

• DO NOT Shoot It Down: This is a federal crime. Shooting at an aircraft (yes, drones count) is a felony punishable by prison time. Do not throw rocks or nets.
• DO Call the Police: If you feel you are being spied on, call the non-emergency line. Report "suspicious activity" or "harassment," not just a noise complaint.
• DO Document It: Take photos and videos of the drone. Note the time and duration. This establishes a pattern of harassment.

The Takeaway

Drones occupy a legal gray area between federal airspace rights and local privacy rights. While a simple flyover is legal, persistent hovering or prying eyes are not. Focus your complaint on the invasion of privacy and harassment behavior rather than just the flight itself to get results.