Texas Drone Laws: Flying Over Private Property in Austin & Beyond

Legal Drone Compliance For Businesses, Professionals, & Hobbyists

Austin’s skyline is changing fast, and so is the technology capturing it. From real estate showcases in Travis County to construction progress reports in Williamson County, drones have become an essential tool. However, with this rise in aerial technology comes a complex web of regulations that can be tricky to navigate.

For property managers, business owners, and even hobbyists, understanding Texas drone laws is critical to avoiding hefty fines and legal headaches. Whether you're looking to hire a pilot for drone photography or considering flying one yourself, this guide breaks down what you need to know.

Federal vs. State Regulations

Before diving into Texas statutes, it’s important to understand how drone laws are structured.

• Federal Regulations: The Federal Aviation Administration (FAA) primarily regulates the airspace. If you are flying for any commercial reason (like real estate marketing or inspections), you must hold a valid FAA Part 107 Remote Pilot Certificate. This certification ensures the pilot understands airspace rules, weather, and safety protocols.

• State Regulations: While the FAA controls the sky, the State of Texas controls what you can capture from the sky. This means state laws govern privacy and what you're allowed to photograph or record.

Recreational drone pilots must also comply with FAA rules, including registration and airspace restrictions.

Flying Drones Over Private Property: What's Legal?

The most common question we get at Violet Crown Aerial is about privacy. Can a drone fly over my house? Can I fly over someone else's?

Under the Texas Privacy Act (Texas Government Code Chapter 423), it is illegal to use an unmanned aircraft to capture an image of an individual or privately owned real property with the intent to conduct surveillance without the owner's consent.

If you are caught flying drones over private property for surveillance purposes, you could face:

• A Class C misdemeanor charge.

• Civil penalties up to $5,000 per image if the property owner sues.

• Additional fines if the images are distributed or displayed.

This law is designed to protect residents from prying eyes, but it creates a gray area for legitimate businesses. This is why hiring a professional, licensed drone operator is essential. We ensure that every flight path is planned to respect privacy boundaries while capturing the data or imagery you need.

Key Texas Laws on Drones: The "No-Fly" Zones

Beyond privacy, there are several strict "no-fly" zones mandated by state law, though some restricted locations may allow drone operations with written consent or proper authorization.

To ensure compliance, avoid operating drones over:

1. Critical Infrastructure: This includes power plants, water treatment facilities, and oil and gas refineries. Flying lower than 400 feet over these facilities is a Class B misdemeanor.

2. Correctional Facilities: It is illegal to operate a drone over a prison or detention center.

3. Sports Venues: Large stadiums and arenas are generally off-limits, particularly during events.

Violating these Texas laws on drones can result in criminal charges, not just civil penalties.

Exceptions for Drone Photography and Drone Videography

While the laws sound strict, they are not meant to ground legitimate business operations.  Texas law provides more than a dozen exceptions for specific professional uses for drone videography and photography, including:

• Licensed Real Estate Agents: Can use drones for marketing property, but only with the seller’s written consent.

• Professional Videography: Allowed for artistic purposes, including for film and television, with proper authorization.

• Surveying: Licensed engineers and surveyors can use drones for their work.

• Inspections: Employees of insurance companies, utilities, and oil and gas pipelines can operate drones for inspections and maintenance.

• Academic Research: Law enforcement and university professors can use drones for research purposes.

At Violet Crown Aerial, we specialize in navigating these exceptions safely. Whether conducting 3D mapping for a construction project or shooting a private event, we ensure all operations are fully compliant with both state and federal regulations.

Why Hire a Professional Drone Operator?

The risks of non-compliance are high. Texas drone laws change, and enforcement varies by location. A hobbyist might not realize their cool shot of a downtown building is a violation of critical infrastructure laws.

When you hire Violet Crown Aerial, you get:

• FAA Part 107 Licensed Pilots: Certified professionals who understand the law.

• Full Insurance Coverage: Our $50K insurance liability policy protects your project.

• Local Market Expertise: Deep knowledge of Austin, San Antonio, Houston, and Waco.

• Peace of Mind: We handle the legal compliance so you can focus on your business.

Don't risk a lawsuit for a drone photo. Let the experts handle your aerial needs.

Elevate Your Project Safety

Understanding Texas drone laws is the first step toward a successful aerial project. Whether you need construction progress monitoring or cinematic marketing materials, compliance is key to protecting your investment in Austin and beyond.

Ready to see your project from a new perspective?

Contact Violet Crown Aerial today for a free consultation and estimate. First-time customers can receive up to 10% off, and we offer up to 20% off for monthly service packages.

Legal Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. Drone laws and regulations may change and can vary based on location, flight purpose, and authorization. Always consult current federal, state, and local regulations or a qualified legal professional before operating a drone.