Yes, flying drones over private property in South Carolina is legal but tightly constrained by federal, state, and local laws. The FAA governs airspace, while South Carolina’s 2023 drone statute (S.C. Code § 16-13-330) prohibits trespassing via drone, requiring operators to respect property rights. Local ordinances, such as Charleston County’s 2024 restrictions near sensitive areas, further complicate compliance.
Key Regulations for Flying Drones Over Private Property in South Carolina
-
FAA Part 107 Compliance: All commercial drone operations require FAA certification, adherence to altitude limits (400 ft AGL), and avoidance of restricted airspace (e.g., near airports like Greenville-Spartanburg International). Recreational flyers must follow the FAA’s Recreational UAS Safety Test (TRUST) and register drones weighing over 0.55 lbs.
-
Trespassing and Privacy Laws: S.C. Code § 16-13-330 criminalizes drone use to intentionally photograph or record private property without consent, with penalties up to $500 and/or 30 days imprisonment. Property owners may sue for invasion of privacy under S.C. Code § 16-17-470, particularly if drones capture images in areas with a “reasonable expectation of privacy.”
-
Local Ordinances and 2026 Shifts: Municipalities like Columbia and Mount Pleasant enforce additional restrictions, such as no-fly zones over parks or near schools. The S.C. Department of Transportation’s 2026 Unmanned Aircraft Systems Integration Plan will expand geofencing requirements, mandating real-time compliance checks via apps like LAANC for certain airspace.