Yes, flying drones over private property in Virginia is generally legal but heavily restricted by federal, state, and local laws. Property owners retain rights under trespass and nuisance statutes, while drone operators must comply with FAA Part 107 rules and avoid violating privacy expectations. Recent 2026 compliance shifts emphasize stricter local ordinances, particularly in densely populated areas like Arlington and Fairfax.
Key Regulations for Flying Drones Over Private Property in Virginia
- FAA Part 107 Compliance: Operators must hold a Remote Pilot Certificate, adhere to altitude limits (400 ft AGL), and avoid restricted airspace (e.g., near airports like Richmond International or Dulles). Night operations require a waiver.
- Virginia Trespass & Privacy Laws: Drones may not capture images or data over private property without consent if it violates reasonable privacy expectations (Va. Code § 19.2-62). Localities like Alexandria have enacted ordinances banning drone surveillance near sensitive areas.
- Local Ordinances & 2026 Shifts: Counties such as Loudoun and Henrico have introduced 2026 amendments prohibiting drones over private residences without prior notice. Violations may trigger civil penalties or criminal charges under § 18.2-152.6 (computer trespass).
Additional considerations include:
- No-Fly Zones: Prohibited areas include military installations (e.g., Fort Belvoir) and national parks (e.g., Shenandoah).
- Consent Requirements: Explicit permission from property owners is mandatory for commercial operations or data collection.
- Enforcement: The Virginia Department of Aviation and local sheriff’s departments actively monitor violations, with fines up to $2,500 for repeat offenses.