DJI Mavic, Air and Mini Drones
Friendly, Helpful & Knowledgeable Community
Join Us Now

Taking Photos of Someone Else’s Farmland—What’s the law?

dronerat

Well-Known Member
Joined
Oct 15, 2022
Messages
68
Reactions
19
Age
35
Location
Long Island, New York, USA
I want to take aerial shots of some crop circles/farmland. It is someone else’s land but I can pull my car over next to it to get a good view. I’ve done that to take quick photos before…obvi a drone launch will be a little more involved.

What’s the legality of doing that? If I launch from the street is it technically legal for me to fly over the land and photograph it? If not, is it legal to photograph the view of the land from above the street? Plus…is it even legal to launch close to and fly over streets?

This is in Southhampton NY if that makes a difference.
 
Actually...it depends. You might be perfectly fine. And you might be breaking a slew of regulations and putting others at risk. It all depends on the location.

The act of photography is not regulated. But flying your drone may be...it all depends on location.

There are two potential issues you need to understand: where you're flying (the airspace you would be flying through), and the place where you would be taking off and landing your drone.

First, you need to check the airspace where you want to fly. Near an airport...? Like the one in Westhampton Beach? (KFOK, Gabreski Field), or East Hampton Town Airport (just east of the town of Southhampton). Both of these airports have control towers and are Class D airspace. You need to stay clear of that (you REALLY need to learn about this stuff and learn about different classes of airspace before you start flying your drone...this is serious and you need to understand the rules before you start flying around). Flying your drone in controlled airspace (near an airport and in other places) you may not only be breaking FAA regulations, you may be a danger to others. The FAA has jurisdiction over all the airspace in the USA and they take it seriously, so you need to, too; you can't just fly your drone wherever you want.

If you are asking this question here, it shows you really need to educate yourself about the rules and regulations.

Second, assuming the airspace is OK, then there's the question about any local regulations. Local communities can not regulate airspace (sometimes places think they can regulate flights and try to, but in fact only the FAA can do that). But cities, towns, and other jurisdictions CAN (and do) regulate where you can and can not takeoff or land a drone. This is surprisingly common. So, you need to do a little research about the specific location where you would launch and land the drone (assuming there's no restriction on the airspace) to see if launching/landing a drone there is regulated. Where I live (unfortunately), the city has bans in place for launching or landing a drone from all public spaces, including streets, sidewalks, parks, city property, and all private property unless you have the permission of the owner. The only place you can takeoff or land a drone legally is from your own property, or the property of someone else who gives you permission. It's a real pain (fortunately, this is not the norm everywhere).

Have you taken the TRUST test yet? You need to -- before you fly your drone.
 
Good morning to all-

Lord, I am so very glad I don't live in such a highly-regulated place such as you describe. Must be awful.

My opinion? Find a good parking spot off the road, launch the drone, fly the drone, take your photos/videos, come back, land, pack up and go home.

Don't sweat the small stuff- and after all, it's ALL small stuff.

you all be safe and keep well- Ed
 
Lord, I am so very glad I don't live in such a highly-regulated place such as you describe. Must be awful.
It is indeed a major pain in the arse, but it is the future for most of us (eventually all of us, including you) if people are irresponsible and/or clueless and just do whatever the hell they feel like doing, regulations be damned.
My opinion? Find a good parking spot off the road, launch the drone, fly the drone, take your photos/videos, come back, land, pack up and go home.

Don't sweat the small stuff- and after all, it's ALL small stuff.
This Is Why We Can't Have Nice Things.

No, it's NOT all "small stuff" and frankly, this attitude is irresponsible and will lead to exactly the kind of over-regulation that you say you don't want. It also might get someone killed.

There are two class D airports close by (OP doesn't specify the exact location, but I know the area, and his description is right between not one but two class D airports, which sometimes get a lot of small aircraft traffic).

OP has posted multiple threads that strongly suggest he/she does not understand the basic requirements to fly a drone, and has no understanding of FAA regulations regarding airspace.

OP lives in a place that may be highly regulated and also that may potentially have local laws pertaining to drone ops, plus a population that might be highly inclined to look for every opportunity to "stick it" to drone operators. You might want to get out a map and take a look at where OP is proposing to fly: it's "the Hamptons", a region of Long Island (New York state) that is legendary for the rich and famous, it's the favorite "getaway"/second home for LOTS of the elite, very rich folks from NY City (some of whom might charitably be described as "privacy zealots"). It's also in some ways a small farm town (so yeah, there are farms). It was a small farm town long before the rich elite moved there with their palatial homes, and it still is; there are tensions between the super-rich city-folk homeowners and working class locals. There are also longstanding, contentious conflicts between some locals and its two airports. I don't know anything about what local regulations on drones there may be (there may be none), but it's exactly the kind of place where there could easily be the same kind of "you can't takeoff or land anywhere" local laws that I described above that make it so difficult to legally fly near where I live. I live 3000 miles away, so it's not really my problem -- OP needs to look it up, there may be no local regs at all. But the FAA regs for multiple nearby airports absolutely do apply (if his/her flights are in the Class D airspace...and based on the location, they might be).

It's easy to shrug and just go fly hoping that you're not going to bother anyone and get busted for dinging some local ordinance, and you might get away with that. In quiet, rural places that are far from airports you usually probably would be fine, just looking around and using common sense.

It's another thing entirely to be so clueless you don't even realize you are about to launch your drone in Class D airspace near a busy airport (potentially two of them!), even worse to not even understand there's a system in place that regulates this, and that doing so could not only get you into serious legal trouble with the feds, it could also kill someone (collisions with the small planes using these airports are potentially deadly events, which is why it's regulated).

Nobody enjoys regulations. Nobody likes having restrictions on where and when you can fly your drone. But the regs are there precisely because people have done and continue to do stupid and dangerous things. You gotta understand the basics and it's your responsibility to know about the airspace you seek to fly in. Ignoring that will only lead to more and more restrictions for all of us.

To the OP: You REALLY need to learn the basics BEFORE you fly. Please stop what you're doing, invest a little time and effort to do so, so you don't wreck things for everyone. Once you know the basics, then go have fun (after checking your proposed flight location).
 
Good morning to all-

Well, Aeropohile- and by the way, I do appreciate and like your screen name very much- I reckon we see things through different eyes. I find your attitude towards less tightly wound fliers a little too restrictive, but then, I don't expect that we will ever meet and certainly will never fly drones together, so that's fine. To each his/her own.
Where I live and fly, there's really very little danger I represent to anyone else, and when I do fly where others are present, I make sure I'm legal, I make sure conditions are acceptable, and I make sure that my flying will not inconvenience anyone else
But I sure as God made little green apples don't fret myself about the "small things" that might be present. And if you find my attitude "irresponsible" I find your somewhat over-assertive and pushy. but to each hus/her own.

you all be safe and keep well- Ed
 
Putting all the other stuff aside for a moment, yes, check the airspace for any restrictions. Once you have that sorted out, if airspace permits, maybe introduce yourself to the land/homeowner and ask permission to photograph their property. In doing so, get permission to launch and land from their property, and even offer to share some of your photographs with them. I do this often, as I live in a rural area with lots of great landscapes.

99 out of 100 say yes and they might even be interested in watching along with you. It’s also a great way to help “educate” people about drones who you may not otherwise encounter on a regular basis and would give them a positive experience with a drone operator vs the negative attitudes that go along with drones.

Again, check your airspace and make sure you’re good to go then happy flying 🙌🏻
 
This might be a different point of view but I start with the assumption that the pilot is complying with all FAA rules and is clear to fly based on B4UFly so this isn't about any airspace restrictions or takeoff permissions; those wasn't part of the OP's question.
So, considering a private pilot flying at 500 feet above this rural farmland. Is it legal for the pilot to take pictures of the farmland below? I think the answer to that would be the same as the answer to the drone pilot.
On the other hand what the pilot does with the pictures afterwards might have some impact. That's a different matter than actually taking the pictures.
 
It is indeed a major pain in the arse, but it is the future for most of us (eventually all of us, including you) if people are irresponsible and/or clueless and just do whatever the hell they feel like doing, regulations be damned.

This Is Why We Can't Have Nice Things.

No, it's NOT all "small stuff" and frankly, this attitude is irresponsible and will lead to exactly the kind of over-regulation that you say you don't want. It also might get someone killed.

There are two class D airports close by (OP doesn't specify the exact location, but I know the area, and his description is right between not one but two class D airports, which sometimes get a lot of small aircraft traffic).

OP has posted multiple threads that strongly suggest he/she does not understand the basic requirements to fly a drone, and has no understanding of FAA regulations regarding airspace.

OP lives in a place that may be highly regulated and also that may potentially have local laws pertaining to drone ops, plus a population that might be highly inclined to look for every opportunity to "stick it" to drone operators. You might want to get out a map and take a look at where OP is proposing to fly: it's "the Hamptons", a region of Long Island (New York state) that is legendary for the rich and famous, it's the favorite "getaway"/second home for LOTS of the elite, very rich folks from NY City (some of whom might charitably be described as "privacy zealots"). It's also in some ways a small farm town (so yeah, there are farms). It was a small farm town long before the rich elite moved there with their palatial homes, and it still is; there are tensions between the super-rich city-folk homeowners and working class locals. There are also longstanding, contentious conflicts between some locals and its two airports. I don't know anything about what local regulations on drones there may be (there may be none), but it's exactly the kind of place where there could easily be the same kind of "you can't takeoff or land anywhere" local laws that I described above that make it so difficult to legally fly near where I live. I live 3000 miles away, so it's not really my problem -- OP needs to look it up, there may be no local regs at all. But the FAA regs for multiple nearby airports absolutely do apply (if his/her flights are in the Class D airspace...and based on the location, they might be).

It's easy to shrug and just go fly hoping that you're not going to bother anyone and get busted for dinging some local ordinance, and you might get away with that. In quiet, rural places that are far from airports you usually probably would be fine, just looking around and using common sense.

It's another thing entirely to be so clueless you don't even realize you are about to launch your drone in Class D airspace near a busy airport (potentially two of them!), even worse to not even understand there's a system in place that regulates this, and that doing so could not only get you into serious legal trouble with the feds, it could also kill someone (collisions with the small planes using these airports are potentially deadly events, which is why it's regulated).

Nobody enjoys regulations. Nobody likes having restrictions on where and when you can fly your drone. But the regs are there precisely because people have done and continue to do stupid and dangerous things. You gotta understand the basics and it's your responsibility to know about the airspace you seek to fly in. Ignoring that will only lead to more and more restrictions for all of us.

To the OP: You REALLY need to learn the basics BEFORE you fly. Please stop what you're doing, invest a little time and effort to do so, so you don't wreck things for everyone. Once you know the basics, then go have fun (after checking your proposed flight location).
The b4ufly app clearly shows the town as *between* the airspace of several airports. The bubbles shown on the map dont cover the town or areas I want to fly so Im not sure why you keep repeating that. I am definitely a newb so correct me please if im reading the map wrong.

Just curious if it is common policy to forbid launching from a car parked on the grass on the side of a street for example to at least get the view from the street. And then how to go about figuring out if it is a nogo to fly over the farmland itself
 
Taking off from a parked car at the side of a street could be problematic as it indicates it is congested business or residential area where flying over passing moving vehicles, pedestrians, and such is a serious problem and potentially not legal. So, check into flight restrictions where people and vehicles are located.
 
What’s the legality of doing that? If I launch from the street is it technically legal for me to fly over the land and photograph it?
Depends on your state, I think. Not the flying, but the photographing.

Some states have "ag-gag" laws which make filming or photographing agricultural land/facilities illegal without permission. These have been challenged in court, but I have no idea where they stand with appeals and final verdicts.
 
The b4ufly app clearly shows the town as *between* the airspace of several airports. The bubbles shown on the map dont cover the town or areas I want to fly so Im not sure why you keep repeating that. I am definitely a newb so correct me please if im reading the map wrong.
Great, you're checking maps, you're using the b4ufly app (I saw no indication of that in your post, apologies if I missed that), that's all good, that's important. So kudos to you and thank you for that.

That said, details of the location do matter. In your post, you said "a farm" and "Southampton." I'm guessing (it's been years since I was there) that there probably aren't many large farms right within the town itself (the built-up, "urban" area) of Southampton, but there definitely are some outside of town, north, east and west of there. So the specific location matters - 2 miles east or 3 miles west of the town center, you would be in the Class Delta.

So, right in the downtown? No problem from the FAA (assuming you're not flying over other people, a separate issue). A few miles east or west...then you gotta look more closely at your specific location.

I know you're new to this (I've read your other posts). Don't be afraid, but you do want to learn the rules (please take the TRUST test and get your drone registered, nothing to fear from that).

Keep in mind, you are in an area with some moderately complex airspace - see below for a portion of the local aeronautical chart (not as bad as a bit further west...the entire NY City metro area is pretty complex, of course).

The areas in "solid yellow" on this kind of chart depicts built-up areas (areas that at night, would appear "lit up" by ground lights to airplane pilots). You can see that the built-up area depicted for "Southampton" sprawls a bit. Note that how it's depicted here is not a political or jurisdictional boundary, it's just how the area would appear at night to someone flying over. But you can see, the eastern edge of "Southampton" gets pretty close to the Class Delta for East Hampton Town airport (less than a mile). North of town, not so much. West of town...look out if you cross that bridge at Hampton Bays, the airspace for FOK (Gabreski) starts just past it.

Hamptons.png

So for the airspace issues (FAA regulated) it would be pretty clear: you should be good to go, as long as you stay outside the Class Delta airspace (depicted by the dashed, dark-blue circles around Gabreski and East Hampton Town airports, typically a 5-mile radius around the airport). Do keep an eye out for low flying aircraft and maintain awareness (also note that heliport out on the beach south of town).

There are no regulations laws against taking pictures of farmland (or much else) from above (other than simple privacy concerns, usually just common-sense stuff). On a nice day, there will be a lot of small aircraft traffic around here.

As I said above, there MAY be local regulations limiting where you can takeoff or land a drone. Given the "fame and fortune" of more than a few Southampton residents, I would not be shocked if there was some local regulations restricting that (takeoffs and landings). Google is your friend (try something like "[town name] + drone + regulations" and parse what comes up). If you find nothing prohibiting takeoff or landings of drones from roads and other public property, go have fun. Do try to keep a low profile, but be reasonable, friendly if approached, do your best to respect others, common sense stuff.

Just curious if it is common policy to forbid launching from a car parked on the grass on the side of a street for example to at least get the view from the street. And then how to go about figuring out if it is a nogo to fly over the farmland itself
I don't know how common it is, but such regulations definitely do exist in some places. In others there may be few or no restrictions. The "Southampton" crowd includes plenty of wealthy NYC people with their lawyers, and that's not a helicopter I would want to run my drone into. As long as you know the regs, you know your location, and you are in the clear for that, don't let anyone bully you.

The farmland's owner generally has no right to stop overflight (same as airplanes), though some may not like it. Try to be on your best behavior, as you would hope any visitor to your own home would be.

One last item: do check for TFRs (temporary flight restrictions). These can pop up unexpectedly when there's a major event, disaster or VIP visit (often confused with a disaster...). It's campaign season, and when major political figures visit, TFRs often precede them. It sucks to live in a state with a hotly contested, high-profile election looming, you get too many TFRs as politicians come to raise money (lotta money to be raised in the Hamptons, I'd guess).

Here's a good website you can use to check for TFRs: FAA Graphical TFRs

Good luck.
 
Last edited:
  • Wow
Reactions: Ex Coelis
It is indeed a major pain in the arse, but it is the future for most of us (eventually all of us, including you) if people are irresponsible and/or clueless and just do whatever the hell they feel like doing, regulations be damned.

This Is Why We Can't Have Nice Things.

No, it's NOT all "small stuff" and frankly, this attitude is irresponsible and will lead to exactly the kind of over-regulation that you say you don't want. It also might get someone killed.

There are two class D airports close by (OP doesn't specify the exact location, but I know the area, and his description is right between not one but two class D airports, which sometimes get a lot of small aircraft traffic).

OP has posted multiple threads that strongly suggest he/she does not understand the basic requirements to fly a drone, and has no understanding of FAA regulations regarding airspace.

OP lives in a place that may be highly regulated and also that may potentially have local laws pertaining to drone ops, plus a population that might be highly inclined to look for every opportunity to "stick it" to drone operators. You might want to get out a map and take a look at where OP is proposing to fly: it's "the Hamptons", a region of Long Island (New York state) that is legendary for the rich and famous, it's the favorite "getaway"/second home for LOTS of the elite, very rich folks from NY City (some of whom might charitably be described as "privacy zealots"). It's also in some ways a small farm town (so yeah, there are farms). It was a small farm town long before the rich elite moved there with their palatial homes, and it still is; there are tensions between the super-rich city-folk homeowners and working class locals. There are also longstanding, contentious conflicts between some locals and its two airports. I don't know anything about what local regulations on drones there may be (there may be none), but it's exactly the kind of place where there could easily be the same kind of "you can't takeoff or land anywhere" local laws that I described above that make it so difficult to legally fly near where I live. I live 3000 miles away, so it's not really my problem -- OP needs to look it up, there may be no local regs at all. But the FAA regs for multiple nearby airports absolutely do apply (if his/her flights are in the Class D airspace...and based on the location, they might be).

It's easy to shrug and just go fly hoping that you're not going to bother anyone and get busted for dinging some local ordinance, and you might get away with that. In quiet, rural places that are far from airports you usually probably would be fine, just looking around and using common sense.

It's another thing entirely to be so clueless you don't even realize you are about to launch your drone in Class D airspace near a busy airport (potentially two of them!), even worse to not even understand there's a system in place that regulates this, and that doing so could not only get you into serious legal trouble with the feds, it could also kill someone (collisions with the small planes using these airports are potentially deadly events, which is why it's regulated).

Nobody enjoys regulations. Nobody likes having restrictions on where and when you can fly your drone. But the regs are there precisely because people have done and continue to do stupid and dangerous things. You gotta understand the basics and it's your responsibility to know about the airspace you seek to fly in. Ignoring that will only lead to more and more restrictions for all of us.

To the OP: You REALLY need to learn the basics BEFORE you fly. Please stop what you're doing, invest a little time and effort to do so, so you don't wreck things for everyone. Once you know the basics, then go have fun (after checking your proposed flight location).
Dude they just asked if flying over farmland and taking photos was legal or not...
 
Dude they just asked if flying over farmland and taking photos was legal or not...
Yes, and as I said, the answer to that question is: It depends on where you are flying.

In some places, it's perfectly legal. In other places it's not. This seems to shock and outrage folks?

OP is new to all this (as is evident from his previous posts). As it turns out, where he's proposing to fly is quite close to a couple airports. I'm pretty familiar with the area he's looking to fly in (although the exact location wasn't specified). Details matter.
 
  • Like
Reactions: MavicFlyer2
Exactly where is it you expect to shoot these “crop circles”? As someone with a background in this area I can quickly give you the yes or no.
Yes, and as I said, the answer to that question is: It depends on where you are flying.

In some places, it's perfectly legal. In other places it's not. This seems to shock and outrage folks?

OP is new to all this (as is evident from his previous posts). As it turns out, where he's proposing to fly is quite close to a couple airports. I'm pretty familiar with the area he's looking to fly in (although the exact location wasn't specified). Details matter.

Most of Southampton (the town itself not to be confused with the township) does not even touch airspace for the airports you mentioned. I too am more than familiar with this area I grew up there and lived there most of my life and fly there at least twice a month.

There is ZERO regulation from the town of Southampton on where you can or can’t take off and launch a drone (Except for FAA rules).
 
The tricky part of doing something like this is finding a safe place to pull off and park where you aren't parking or standing on somebody's property while you are flying. This is where asking permission might be better so you can pull safely off the road and stand someplace comfortable to fly. I'm not an outgoing person so I haven't done that myself.

First time I did this I saw a man approaching me out of the corner of my eye and I groaned internally thinking I'm about to have my first confrontation regarding my drone. The guy turned out to be quite friendly and just wanted to check out what I was doing. Turned out I was not the first person to pull off there to fly a drone :)
 
I want to take aerial shots of some crop circles/farmland. It is someone else’s land but I can pull my car over next to it to get a good view. I’ve done that to take quick photos before…obvi a drone launch will be a little more involved.

What’s the legality of doing that? If I launch from the street is it technically legal for me to fly over the land and photograph it? If not, is it legal to photograph the view of the land from above the street? Plus…is it even legal to launch close to and fly over streets?

This is in Southhampton NY if that makes a difference.
Why don't you just politely ask the land owner for permission? Chances are they would love to have an aerial photo themselves?
Just a thought.
 
I want to take aerial shots of some crop circles/farmland. It is someone else’s land but I can pull my car over next to it to get a good view. I’ve done that to take quick photos before…obvi a drone launch will be a little more involved.

What’s the legality of doing that? If I launch from the street is it technically legal for me to fly over the land and photograph it? If not, is it legal to photograph the view of the land from above the street? Plus…is it even legal to launch close to and fly over streets?

This is in Southhampton NY if that makes a difference.
Based on FAA rules you have the right to "navigate" through his land meaning you can fly through his airspace. Taking pictures of his land is probably an ownership or privacy issue. It's best to talk to the owner; offer to give him a copy of the images/videos you take.
 
Lycus Tech Mavic Air 3 Case

DJI Drone Deals

New Threads

Members online

Forum statistics

Threads
131,282
Messages
1,561,633
Members
160,234
Latest member
jw312569