- November 11, 2025
- Criminal Defense
Drones have become incredibly popular for recreation, business, and law enforcement. However, as private parties, businesses, and government agencies expand their drone use, many people have become concerned about the privacy they lose when drones fly over their homes. State and federal regulations govern public agencies’ and private parties’ use of drones, including in protected areas and residential neighborhoods. A knowledgeable lawyer can help you protect your rights and privacy if you’re concerned about drones flying over your home.
Overview of Drone Laws and FAA Regulations
The Federal Aviation Administration governs the use of airspace in the U.S., including by drones. Specifically, Part 107 of the FAA regulations applies to the operation of drones weighing less than 55 pounds. Part 107 requires a remote pilot certificate with a small unmanned aircraft system rating. Additionally, operators must qualify for waivers to operate drones under specific conditions, including from a moving vehicle or aircraft, at night, outside a visual line of sight, or over human beings. Furthermore, operators must obtain air traffic control clearance to operate in controlled airspace.
However, FAA regulations provide an exception to many Part 107 regulations for recreational drone operators (i.e., those operating a drone for personal enjoyment). To qualify for an exception, an operator must:
- Follow the safety guidelines of an FAA-recognized community-based organization.
- Keep the drone within visual line of sight or the line of sight of a visual observer next to and in direct communication with the operator.
- Yield the right of way to other aircraft and not interfere with the operation of aircraft or airports.
- Fly at or below FAA-authorized altitudes for controlled airspace.
- Fly at or below 400 feet in uncontrolled airspace.
- Pass The Recreational UAS Safety Test (TRUST).
- Have a current FAA registration mark on the drone and carry proof of registration when flying.
- Have a Remote ID transmitter or FRIA equipped on a drone that requires an FAA registration number.
Michigan-Specific Drone Laws
In Michigan, the Unmanned Aircraft Systems Act regulates drone use under state law. Some of the provisions of the law include:
- Prohibiting the operation of drones in a manner that interferes with the official duties of law enforcement officers, firefighters, emergency medical services personnel, search and rescue personnel, or corrections officers
- Prohibiting the use of drones to subject a person to harassment or in proximity to a person whom the operator cannot contact or approach under a restraining or judicial order
- Prohibiting the use of drones to capture records of an individual in a manner that would violate their reasonable expectation of privacy
- Prohibiting the use of drones by registered sex offenders to follow, contact, or record an individual in violation of the offender’s sentence
What to Do If a Drone Flies Over Your Home?
If you notice a drone hovering or flying over your home, you should not attempt to disable, damage, or take down the drone, as doing so can violate Michigan criminal law or FAA regulations. Instead, you can:
- Document the incident by taking photos or videos of the drone or noting the dates and times of flights
- Identify the drone operator through visual contact or ID signal, but do not confront or accost the operator
- Contact local law enforcement if you suspect harassment, stalking, or unlawful operation
- File a complaint with the FAA for unsafe operation or if you suspect that a flight violates FAA regulations
Finally, you can contact an attorney to discuss potential civil remedies against the operator under an invasion of privacy claim or the possibility of obtaining injunctive relief against the operator.
Contact an Attorney Today
Contact the Law Office of John Freeman today for an initial consultation with an experienced attorney and learn more about the rights you may have if a drone flies over your home in Michigan.