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Writer's pictureFred Salinas

Can You Fly a Drone over Private Property....Maybe



DJI Inspire flying over property

Flying drones over private property in Mississippi comes with several legal considerations, blending federal regulations with state-specific rules. Understanding these laws is crucial for drone enthusiasts and operators to ensure they respect property rights and avoid legal repercussions.

Federal Regulations

The Federal Aviation Administration (FAA) governs airspace in the U.S., including Mississippi, and sets the baseline rules for drone usage. Key federal regulations include:

  • Altitude Restrictions: Drones must fly below 400 feet and avoid controlled airspace unless prior approval is obtained from the FAA.

  • Line of Sight: Drones must remain within the operator's visual line of sight.

  • No Flying Over Crowds: Drones are prohibited from flying over large gatherings without a waiver.

  • No Flying Near Airports: Operators must stay at least five miles away from airports without FAA authorization.

These regulations apply to both recreational and commercial drone pilots, with additional requirements such as registration for drones over 0.55 pounds​

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Mississippi State-Specific Drone Laws

Mississippi has introduced laws aimed at balancing drone innovation with privacy concerns. One key law, Senate Bill 2022, passed in 2015, addresses privacy issues by prohibiting drone usage for spying or capturing images of individuals without their consent. Violating this law can lead to serious penalties, including imprisonment for up to five years if the offense involves spying on a minor​

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In addition, Senate Bill 1246, known as the Uncrewed Aircraft Systems’ Rights and Authorities Act, was enacted to ensure that Mississippi’s airspace remains under FAA jurisdiction, preventing local governments from imposing burdensome restrictions on drone operations. This law clarifies that flying a drone over private property does not automatically constitute trespassing, as long as operators follow federal guidelines and respect privacy​

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Trespassing and Privacy Concerns

Although Mississippi's drone laws generally align with FAA rules, privacy violations remain a significant concern. Under Section 97-29-61 of the Mississippi Code, it is a felony to use drones to invade someone's privacy, especially in private settings like homes or dressing rooms. Capturing images or videos without consent in such situations can lead to fines and imprisonment​

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For property owners, the law permits reasonable expectations of privacy, but airspace at a higher altitude is considered public, and drones flying above may not necessarily be violating any laws unless they intrude on private activities​

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Commercial Drone Operations

Commercial drone operators in Mississippi must obtain a Part 107 certification from the FAA. This involves passing a knowledge test and registering the drone. Commercial pilots are also subject to additional rules, such as not flying over people, unless granted a waiver​

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Key Takeaways

  • FAA Preemption: The FAA controls airspace, and Mississippi follows these guidelines with minor state-specific modifications.

  • Privacy Protection: Drone operators must avoid capturing private footage without consent, as this could result in severe legal consequences.

  • Commercial Use: Commercial operators need proper certification and must adhere to stricter operational guidelines.

Being aware of these regulations ensures that both recreational and commercial drone operators in Mississippi fly responsibly, respecting both the law and the privacy of residents.

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