Yes, flying drones over private property in Maine is legal under federal and state law, provided operators comply with FAA Part 107 rules and respect property rights. Maine’s 2024 privacy statute (LD 1891) imposes additional restrictions, requiring operators to avoid capturing images or data without consent when trespassing or infringing reasonable expectations of privacy. Local municipalities, such as Portland and Bangor, may enact supplementary ordinances, particularly near sensitive areas like schools or critical infrastructure.
Key Regulations for Flying Drones Over Private Property in Maine
- FAA Part 107 Compliance: Operators must hold a Remote Pilot Certificate, adhere to altitude limits (400 feet AGL), and avoid flying over people unless waived. Night operations require prior FAA approval and anti-collision lighting.
- Maine’s Privacy Statute (LD 1891): Prohibits drone surveillance of private property without explicit consent if the activity constitutes an invasion of privacy, such as recording through windows or capturing intimate activities. Violations may result in civil penalties up to $10,000.
- Local Ordinances: Municipalities like Portland enforce buffer zones near schools and parks, while Augusta’s 2023 ordinance bans drone use within 500 feet of residential properties without prior notice to residents. Operators should consult municipal websites for real-time updates.
Failure to comply risks federal enforcement (e.g., FAA civil penalties) and state-level injunctions under Maine’s privacy law. Operators should conduct pre-flight due diligence, including property owner notifications and airspace authorization via LAANC for controlled airspace.