We have had reports of drones operating in the neighborhood close to people’s homes. In Texas, it is not illegal fly drones below 400 feet over private property as long as the drone remains in the operator’s line of sight, or is line of sight of someone in direct communication with the drone operator, as long as the operator’s intent is not “surveillance” or “spying”. As one can guess, it is fairly difficult to prove “intent”.
It is illegal to use means to “take down” or damage the drone flying over private property. Even though it is flying over your property, the drone is considered private property of its owner and the property owner could be held liable for damages to the drone.
Part of the problem is that federal law succeeds state or local law. In cases where the laws from various enties conflict, federal will win out over state and state will win out over municipal. The FAA claims jurisdiction over all air space and they state that you can operate anywhere below 400 feet.
Nevada passed a law that prohibits operating a drone below 250 feet over private property with the permission of the property owner. This seems to be a great compromise and doesn’t seem to conflict with the FAA control of everything above 400 feet.
So what are our options? Remember that we are neighbors first. It’s easy to treat neighbors as we would like to be treated, though we are all guilty of forgetting that sometimes.
As property owners ouwselves, more importantly as neighbors, let’s remember to be respectful of our neighbors privacy. If your neighbor has a large, treeless lot that you would like to use for UAV flying practice, simply ask permission. If they say no, you can always avail yourself of one of the several parks in our area that do allow drone flight.
If someone is operating an unwelcomed drone over your property, you can contact the San Antonio Police Department’s Non-emergency number at 210-207-7273 or the Prue Road Station at (210) 207-7425 and report the incident. Right now, there is little they will do other than ask the person not to fly the drone over your property. But, as one SAPD office said to a recent complainant, “If you don’t report it, then it didn’t happen.”
So let your representative know what you want. If we want laws that better protect property owner rights, then we need to report incidents when they occur. You can also call your city, state and federal representatives. The more they hear about issues, the more likely they are to take action.
Additional Drone Resources
There is a lot of conflicting information out there, especially on social media sites like Nextdoor. Here are some official sites that will help get you started if you want to do a deep dive on this subject and learn what is allowed and what is prohibited.
Federal Aviation Administration:
https://www.faa.gov/uas/recreational_flyers
https://www.faa.gov/uas/resources/community_engagement/no_drone_zone
Any drone that weight more than 0.55 pounds must be registered with the FAA
https://faadronezone-access.faa.gov
US Parks Department:
Drones are not allowed without a permit in our National Parks, which includes the San Antonio Mission Parks.
https://www.nps.gov/saan/learn/management/drones.htm
State of Texas:
Texas Law: https://guides.sll.texas.gov/recording-laws/drones
Texas Parks Policy: https://tpwd.texas.gov/warden/law-enforcement-faq/drones-uavs
The City of San Antonio
It appears, according to several unofficial sites, that drones are allowed in city parks, as the city has yet to prohibited operationing UAVs in its parks and the airspace, up to 400 feet, is Class G (Uncontrolled) and it is designated as a public space. When operation our UAVs in a public space remember to be considerate of others who are enjoying the space and be mindful of safety considerations, especially around the elderly or children who may not be able to move swiftly to avaoid contact with the drone.
https://311.sanantonio.gov/kb/docs/articles/transportation/drone-flying-information
https://flysanantonio.com/business/about-saas/operations/
Below is a good YouTube video that explains the rules of drones over private property: