As the popularity of drones continues to soar, more and more Michiganders are taking to the skies to capture stunning aerial views of the Great Lakes, scenic countryside, and bustling cityscapes. But with this newfound interest comes a host of questions and concerns about drone usage, particularly when it comes to flying over private property. In this article, we’ll delve into the complexities of drone law in Michigan, exploring the dos and don’ts of flying over your own property, and what to do if someone else’s drone is trespassing on your turf.
Michigan Drone Laws 101: A Primer
Before we dive into the specifics of flying over private property, it’s essential to understand the broader legal landscape surrounding drones in Michigan. In recent years, the Wolverine State has enacted legislation to regulate the use of unmanned aerial vehicles (UAVs), ensuring public safety while also promoting innovation and entrepreneurship in the drone industry.
Recreational Drone Use: For hobbyists and recreational drone pilots, Michigan follows the Federal Aviation Administration’s (FAA) guidelines, which require registration of drones weighing over 0.55 pounds and adherence to basic safety rules, such as:
- Flying below 400 feet above ground level
- Avoiding restricted airspaces, like airports and national parks
- Staying clear of people and vehicles
- Not flying beyond visual line of sight (VLOS)
Commercial Drone Operations: A Different Story
Commercial drone operators, on the other hand, must obtain a Part 107 waiver from the FAA, which involves passing a written exam, undergoing a background check, and obtaining liability insurance. Additional requirements include:
- Obtaining airworthiness certifications for their drones
- Conducting pre-flight checks and maintaining records
- Ensuring their drones are equipped with anti-collision lights and propeller guards
Flying Over Private Property in Michigan: The Rules
Now that we’ve covered the basics of Michigan drone laws, let’s focus on the specific rules governing flying over private property. The Michigan Legislature has explicitly addressed this issue in recent years, providing clarity for property owners and drone enthusiasts alike.
Property Owner Rights: In Michigan, property owners have the right to control the airspace above their land, but this doesn’t necessarily mean they can shoot down a drone that enters their property. According to Michigan Compiled Laws (MCL) 259.321b, “a person shall not intentionally and without consent of the owner, operator, or lessee of the property, fly an unmanned aircraft over private property or otherwise trespass on private property with an unmanned aircraft.”
What Constitutes Trespassing?
So, what exactly constitutes trespassing with a drone over private property? The law defines trespassing as “entering or remaining upon the property of another without permission.” This means that if a drone pilot fails to obtain permission from the property owner before flying over their land, they may be deemed to be trespassing.
Exceptions and Exemptions: There are, however, certain exceptions and exemptions to this rule. For instance, law enforcement agencies, public utilities, and other government entities may be exempt from obtaining permission to fly over private property in certain circumstances.
Shooting Down a Drone: Legal Implications
While property owners may feel tempted to take matters into their own hands and shoot down a trespassing drone, this is strongly discouraged and can have serious legal consequences.
Criminal Charges: In Michigan, shooting down a drone can result in criminal charges, including malicious destruction of property (MCL 750.377a) or felony firearm (MCL 750.224f). These offenses can carry significant penalties, including fines and imprisonment.
Civil Liability: Moreover, property owners who shoot down a drone may also face civil liability claims from the drone’s owner or operator. These claims could include trespass to chattels (interference with personal property), conversion (unauthorized taking of property), or nuisance (interference with the use and enjoyment of property).
What to Do If a Drone Is Trespassing on Your Property
So, what should you do if you spot a drone trespassing on your property? Here are some steps to follow:
- Contact the Drone Pilot or Operator: If possible, try to communicate with the drone pilot or operator and ask them to leave your property. You can also ask for their contact information and the purpose of their flight.
- Contact Local Law Enforcement: If the drone pilot refuses to leave or you feel threatened, contact local law enforcement and report the incident. Provide as much information as possible, including the drone’s description, location, and any other relevant details.
Additional Options
Depending on the circumstances, you may also consider the following options:
- Installing “no drone zone” signs or other visual warnings to deter drone pilots from entering your property
- Documenting the incident with photos or videos, which can serve as evidence in case of a dispute
- Seeking a court injunction or restraining order to prevent further drone trespassing on your property
Conclusion: Drone Etiquette in Michigan
In conclusion, flying a drone over private property in Michigan requires a clear understanding of the legal framework governing drone usage, respect for property owners’ rights, and adherence to basic safety principles. While property owners have the right to control their airspace, drone pilots must also respect these boundaries and obtain necessary permissions before flying over private land.
Remember, shooting down a drone is never an acceptable solution and can lead to serious legal consequences. Instead, prioritize communication, education, and cooperation to ensure a harmonious coexistence between drone enthusiasts and property owners in the Great Lakes State.
By embracing responsible drone practices and respecting each other’s rights, we can unlock the full potential of drone technology while preserving the beauty and tranquility of Michigan’s landscapes.
Can I shoot a drone over my property in Michigan?
While it may be tempting to shoot a drone that is flying over your property, it is generally not legal to do so in Michigan. Not only can shooting a drone cause damage to the device, but it can also lead to criminal charges. Additionally, it is unlikely that a drone operator would be held liable for any damages or trespassing claims if they were operating the device in compliance with FAA regulations.
In Michigan, shooting a drone could be considered criminal mischief, which is punishable by fines and imprisonment. Furthermore, if the drone is being operated by law enforcement or another government agency, shooting it could be considered obstruction of justice, which is a more serious offense. It is important to remember that drones are considered aircraft, and the FAA has jurisdiction over their operation. If you have concerns about a drone flying over your property, it is best to contact the authorities or the drone operator directly.
What is the law regarding drone usage over private property in Michigan?
In Michigan, there is no specific law that prohibits drone usage over private property. However, drone operators must still comply with Federal Aviation Administration (FAA) regulations, which include obtaining permission from the property owner before flying over private land. Additionally, drone operators must respect individuals’ privacy and not capture images or video of people or property without their consent.
While there is no specific law, Michigan courts may use nuisance laws or trespassing laws to address complaints about drone usage over private property. If a drone is causing a disturbance or interfering with a person’s quiet enjoyment of their property, the property owner may be able to file a nuisance claim. Additionally, if a drone is entering a person’s airspace without permission, it could be considered trespassing.
Can I claim trespassing if a drone flies over my property in Michigan?
In Michigan, it is possible to claim trespassing if a drone flies over your property without your permission. However, the law is still evolving in this area, and courts may have different interpretations of what constitutes trespassing by a drone. Traditionally, trespassing requires physical entry onto another person’s property, but some courts have expanded this definition to include aerial trespassing.
To claim trespassing, you would need to prove that the drone entered your airspace without your permission and caused some kind of harm or damage. This could include invasion of privacy, nuisance, or actual physical damage to your property. It is important to note that Michigan courts have not yet definitively ruled on the issue of drone trespassing, so the outcome of such a claim is uncertain.
How high can a drone fly over my property in Michigan?
In Michigan, there is no specific altitude limit for drone flights over private property. However, drone operators must comply with Federal Aviation Administration (FAA) regulations, which require that drones stay below 400 feet above ground level (AGL) in most cases. Additionally, drone operators must avoid flying in controlled airspace, such as near airports or in areas with restricted air traffic.
If a drone is flying too low over your property, you may be able to claim nuisance or trespassing, as mentioned earlier. However, if the drone is flying at a reasonable altitude and not causing any disturbance, it is likely operating within its legal rights. It is important to note that drone operators may need to fly at higher altitudes to avoid obstacles or to capture certain types of footage, so it is important to consider the context of the flight before making a complaint.
Can I sue a drone operator for invasion of privacy in Michigan?
In Michigan, you may be able to sue a drone operator for invasion of privacy if they are capturing images or video of you or your property without your consent. The Michigan Supreme Court has established that individuals have a reasonable expectation of privacy in their homes and backyards, and that aerial surveillance can constitute an invasion of privacy.
To bring a successful lawsuit, you would need to prove that the drone operator intentionally captured images or video of you or your property without your consent, and that they did so in a way that was highly offensive to a reasonable person. You would also need to demonstrate that the drone operator’s actions caused you harm or damages. It is important to note that Michigan courts have not yet ruled on the specific issue of drone-related invasion of privacy, so the outcome of such a lawsuit is uncertain.
Do I need to register my drone in Michigan?
In Michigan, you do not need to register your drone with the state, but you do need to register it with the Federal Aviation Administration (FAA) if it weighs more than 0.55 pounds and is operated for recreational or commercial purposes. The FAA registration process is simple and can be completed online. You will need to provide your name, address, and email address, as well as the make and model of your drone.
In addition to registering your drone, you must also follow all applicable FAA regulations, including obtaining any necessary licenses or permits, marking your drone with your registration number, and adhering to airspace restrictions. Failure to comply with these regulations can result in fines and penalties. It is important to note that the FAA has the authority to regulate drone usage, so you should always check with the FAA for the most up-to-date information on drone registration and usage.