Can you legally fly a drone over a person’s home in SC? Here’s what the law says
Hearing buzzing overhead usually used to mean there were bees or another type of angry flying insect close by.
Now that sound could be coming from a drone.
Drones have become increasingly popular in recent years as the technology has improved and costs have plummeted. The little flying machines are used in all sorts of ways, from surveillance to land surveying. They’re also used for recreation like aerial photography, videography and for exploring nature.
But when does using a drone cross the line from exploring to invasion of privacy? Can anyone just fly a drone over and around your home in South Carolina and take pictures, for instance?
Here’s what the law says on the matter.
Is it illegal to fly drones over SC homes?
According to state laws and federal regulations, a person can technically fly a drone above South Carolina homes, but with a lot of caveats, according to the Law Office of James R. Snell, Jr. in Lexington. The law office states that drone flying in South Carolina is bound by state law and guidelines from the Federal Aviation Administration. Such guidelines include:
- Drone operators must be at least 16 years old
- Drones with cameras must fly at least 200 feet away from any person, vehicle, building or structure
- Drones are forbidden from flying within 500 feet horizontally or 250 feet vertically of a Department of Corrections facility
- A drone may not be flown at night, including, with few exceptions, the 30 minutes after sunset or before sunrise
- Under FAA guidelines, all recreational drone fliers must pass the Recreational UAS Safety Test
- Commercial operators must obtain a remote pilot certificate from the FAA to demonstrate their understanding of the regulations and operating requirements
- All drones weighing over 0.55 pounds must be registered with the FAA
When flying a drone is a crime in SC
Here are some common violations by drone operators in South Carolina, according to the Law Office of James R. Snell, Jr.
- If a drone captures images or videos of people in situations where they have a reasonable exception of privacy, it could lead to legal penalties.
- The FAA states that drone operators must not interfere with manned aircraft, operate within the flier’s line of vision and refrain from flying over people who are uninvolved.
- A person flying a drone on private property near windows or to record private activities is considered an invasion of privacy or trespassing and could lead to criminal prosecution.
