Is It Illegal To Fly A Drone Over Private Property In Minnesota?

While I was having a discussion with a friend about my article related to the legalities of using a drone to photograph wildlife in Minnesota, I was asked if it is legal or not for a drone operator to fly over private property in the state.

It struck me as a good question in general, but then I remembered how a couple of years ago, a different friend of mine had someone fly a drone over their house a couple of times.

He ended up figuring out who it belonged to, and he talked to the owner, but the question of whether or not it's legal in Minnesota to do that is still there.

So, what does the law say?

What does Minnesota law say about flying drones over private property?

There isn't any law that specifically addresses flying drones over private property, except for in the case of law enforcement and how/when/why they can deploy drones in Minnesota.

In short, law enforcement needs an appropriate reason and/or approval to deploy a drone according to Minnesota state law.

In the case of private drone operators, there are no restrictions over private property in Minnesota, as long as they are flying in accordance with FAA regulations about proper lighting and operational altitude (below 400 feet and within visual line of sight). This is similar to how planes can fly over private property without needing approval from each property owner.

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That said, there are cases that could be made that could be defendable in court against drones over private property in certain circumstances. More on that in a bit.

There are some exceptions, with areas near airports, certain park spaces, places like the BWCAW, and other areas being designated no-fly zones for drones.

Some cities around Minnesota have additional ordinances about the usage of drones elsewhere in city limits. You can see some of those here.

When a drone flying over private property could come into legal question

If reading that drones aren't banned from flying over private property has you concerned, this should help at least a little.

Just because someone can legally fly over private property with a drone, that doesn't mean they can do whatever they want in that airspace.

READ MORE: Is it legal to shoot down a mysterious drone in Minnesota?

As pointed out in this legal research about drone use, if a drone is being a nuisance or is suspected of being used to spy on or peep on someone, there are some laws in place.

While the Minnesota Statute about "Interference with Privacy" doesn't specifically mention drones, a drone could be considered a device for observing, photographing, or recording a person. Because of that, a legal case could be made against someone who was using a drone for questionable reasons.