Can You Fly a Drone Over Private Property in Michigan

Drones have become a popular tool for hobbyists, photographers, and businesses in Michigan, but flying them over private property can be a legal gray area. Whether you’re a drone pilot or a concerned property owner, understanding the rules is crucial to avoid fines, lawsuits, or even criminal charges. In this guide, we’ll break down federal, state, and local drone laws in Michigan, clarify common misconceptions, and provide best practices for flying responsibly.

FAA Part 107 Rules for Drone Operations

The Federal Aviation Administration (FAA) regulates drone flights nationwide through Part 107, which applies to commercial and recreational pilots. To operate a drone legally, you must:

• Obtain an FAA Part 107 certification if flying for commercial purposes
• Keep the drone below 400 feet in uncontrolled airspace
• Maintain visual line of sight unless waived
• Avoid flying over people or moving vehicles unless compliant with Part 107 rules

Recreational flyers must pass the FAA’s TRUST program, but they still face restrictions to protect privacy and safety.

Privacy and Trespassing Concerns Under Federal Law

The FAA focuses on airspace safety, but privacy concerns are often addressed by state and local laws. Federal courts have ruled that drones can invade privacy by capturing images or recording activities without consent. While the FAA doesn’t explicitly prohibit flying over private property, state laws often fill the gap by defining trespassing in the airspace.

Notable cases, such as Florida v. Riley, established that hovering low over a property without permission may violate privacy laws, even if the drone is legally in navigable airspace.

Michigan’s Drone Privacy Act (Public Act 7 of 2016)

The Michigan Drone Privacy Act prohibits using drones to capture images or recordings of private property without consent. Key provisions include:

• Bans drone surveillance over private property without permission
• Allows exceptions for law enforcement, media, and emergency responders with proper authorization
• Imposes penalties for violations, including fines and legal action

This law complements FAA regulations by addressing privacy concerns at the state level.

Trespassing and Invasion of Privacy Laws

Michigan defines trespassing in the airspace as flying at a height where the drone could interfere with property rights. For example, flying below 300 feet over someone’s backyard to capture images may constitute trespassing, even if the drone is technically in public airspace.

Property owners can pursue civil lawsuits or press criminal charges if a drone operator violates privacy laws. Documenting evidence, such as timestamps and flight logs, is essential for legal claims.

City and County Regulations in Michigan

Some Michigan cities and counties have stricter drone laws than the state. For example:

• Detroit prohibits drone flights in certain downtown areas without permits
• Ann Arbor restricts drones near schools and public events

Before flying, check local ordinances through city websites or county clerks to avoid unintentional violations.

Obtaining Permission Before Flying

Respecting property owners’ rights is the best way to avoid legal trouble. If you need to fly over private land:

• Request written permission from the property owner
• Use a liability waiver to clarify purposes and restrictions
• Provide contact information in case of disputes

Documenting consent can protect you if privacy concerns arise later.

Avoiding Conflicts and Legal Issues

If confronted by a property owner, stay calm and explain your purpose. If the owner demands you stop:

• Comply immediately to avoid escalation
• Record the interaction for documentation
• Consult a lawyer if legal threats arise

Keeping flight logs and adhering to regulations can strengthen your defense if disputes occur.

Civil and Criminal Consequences

Violating drone laws in Michigan can result in:

• Civil lawsuits for invasion of privacy or trespassing
• Criminal charges, including misdemeanors for reckless drone use
• FAA penalties, such as fines up to $1,000 for Part 107 violations

In 2020, a Michigan drone pilot faced legal action after flying over a neighbor’s property to capture images without consent, leading to a settlement.

Steps to Take if You See a Drone Invading Privacy

If a drone is flying over your property without permission:

• Note the drone’s location, time, and any identifying features
• Record video or take photos as evidence
• Report the incident to local law enforcement or the FAA

Avoid confronting the pilot directly, as this could escalate the situation.

Flying a drone in Michigan requires balancing federal, state, and local regulations while respecting privacy. By understanding the laws, obtaining proper permissions, and avoiding restricted areas, you can enjoy drone flying responsibly. Stay informed, fly safely, and always prioritize privacy and safety.

FAQs

Do I need a license to fly a drone in Michigan?

Yes, if flying for commercial purposes, you need an FAA Part 107 certification. Recreational flyers must follow FAA’s TRUST guidelines.

Can a property owner legally shoot down a drone flying over their land?

No, it is illegal to shoot down a drone in the U.S. Property owners should report violations to authorities instead.

How high can I fly a drone in Michigan without permission?

Under FAA rules, recreational drones must stay below 400 feet, while commercial drones have more restrictions.

What should I do if a drone is flying over my private property?

Document the incident, note the drone’s details, and contact local law enforcement if you feel your privacy is being violated.

Are there any exemptions for law enforcement drones in Michigan?

Yes, law enforcement may use drones with a warrant or in emergency situations, but they must comply with state and federal regulations.