Tennessee drone laws combine federal FAA rules with a set of state statutes that restrict surveillance, trespass, and flights near sensitive places. The federal side governs registration, pilot certification, and airspace. The state side adds its own no-fly zones and criminal penalties, and one of them is a felony: flying within 250 feet of a power plant, refinery, or other critical infrastructure facility to surveil or record it.
What the FAA Requires Before You Fly
Any drone between 0.55 pounds and 55 pounds must be registered with the FAA. Registration costs $5 and lasts three years. Recreational flyers pay once and the registration covers every drone they own; commercial operators pay $5 for each aircraft.1Federal Aviation Administration. How to Register Your Drone Tennessee has no separate state registration, but officers can check your FAA status during any encounter.
Skipping registration is not a small matter. FAA civil penalties reach $27,500, and criminal penalties can hit $250,000 in fines and up to three years in prison.2Federal Aviation Administration. Is There a Penalty for Failing to Register?
Since September 2023, the FAA has also required Remote ID. Your drone must either broadcast identification and location through built-in Remote ID, carry an attached broadcast module, or fly only within an FAA-Recognized Identification Area. If you use a broadcast module, you must keep the drone within visual line of sight at all times.3Federal Aviation Administration. Remote Identification of Drones
Recreational vs. Commercial Pilots
Recreational flyers do not need a license, but they must pass the free Recreational UAS Safety Test (TRUST) and carry proof of completion.4Federal Aviation Administration. The Recreational UAS Safety Test (TRUST) They must stay within visual line of sight, remain at or below 400 feet in uncontrolled airspace, and get LAANC authorization before entering controlled airspace near airports.5Federal Aviation Administration. Recreational Flyers and Community-Based Organizations
Any flight for a business purpose requires a Remote Pilot Certificate under FAA Part 107. You have to be at least 16, able to read, write, speak, and understand English, and pass the Unmanned Aircraft General knowledge test at an FAA-approved center.6Federal Aviation Administration. Certificated Remote Pilots Including Commercial Operators The exam covers airspace, weather, and emergency procedures.7Federal Aviation Administration. Become a Certificated Remote Pilot
Where You Cannot Fly in Tennessee
State law puts several places off limits regardless of what the FAA rules allow.
Critical Infrastructure (Felony)
Flying within 250 feet of a critical infrastructure facility to conduct surveillance or record information is a Class E felony under Tennessee Code § 39-13-903. The statute covers power generation and transmission systems, petroleum refineries, chemical and rubber manufacturing plants, water and wastewater treatment facilities, natural gas storage and pipelines, railroad yards closed to the public, and communication service facilities.8Justia. Tennessee Code 39-13-903 – Unlawful Capture of Image With Intent to Conduct Surveillance Commercial operators flying with proper FAA authorization are exempt.
Correctional Facilities
Knowingly operating a drone over the grounds of a correctional facility is a Class C misdemeanor, regardless of whether you are carrying anything.8Justia. Tennessee Code 39-13-903 – Unlawful Capture of Image With Intent to Conduct Surveillance
Ticketed Events and Fireworks Displays
Tennessee prohibits flying over a ticketed open-air event with more than 100 attendees without the venue operator’s consent. Dropping anything into that airspace is covered too. Separately, flying inside a designated fireworks discharge site, display site, or fallout area during an event requires the event operator’s consent. Both are Class C misdemeanors.8Justia. Tennessee Code 39-13-903 – Unlawful Capture of Image With Intent to Conduct Surveillance
State Parks and Natural Areas
Drone flights are prohibited in Tennessee state parks and natural areas except by permit. Contact the park manager in advance. Managers weigh impact on other visitors, noise, viewsheds, and effects on wildlife before granting one. Even with a permit, FAA rules still apply.9Tennessee State Parks. Photography
Surveillance and Privacy Rules
Tennessee’s core drone privacy statute, § 39-13-903, makes it a Class C misdemeanor to use a drone to capture images of a person or privately owned property with the intent to conduct surveillance. Intent matters. Incidentally photographing a rooftop while flying by is not the same as targeting it.8Justia. Tennessee Code 39-13-903 – Unlawful Capture of Image With Intent to Conduct Surveillance
The companion section, § 39-13-902, spells out lawful uses that override the surveillance prohibition: academic research, land surveying by a licensed surveyor, utility facility inspections, mapping, real estate marketing by a licensed broker (as long as no individual is identifiable), law enforcement with proper authorization, emergency response, and flights over public property.10Justia. Tennessee Code 39-13-902 – Lawful Capture of Images If your flight fits one of these categories, the surveillance rule does not apply.
Trespass Over Private Property
Tennessee’s criminal trespass statute, § 39-14-405, treats flying a drone into the airspace above someone’s land as an “entry” onto that land, as long as the airspace is not regulated as navigable by the FAA.11Justia. Tennessee Code 39-14-405 – Criminal Trespass Low flights over a neighbor’s yard without consent can be prosecuted like walking across it.
The boundary is not a clean 400-foot line. Part 107 caps drones at 400 feet above ground level, general aviation minimums vary, and the trespass statute simply defers to whatever the FAA regulates as navigable. Everything below that belongs to the property owner for trespass purposes. Criminal trespass is a Class C misdemeanor.11Justia. Tennessee Code 39-14-405 – Criminal Trespass
A property owner facing repeated low flights can also bring a civil nuisance suit. That path does not require the elements of a crime, but it does require showing substantial interference with use of the land.
Hunting and Wildlife
Tennessee prohibits using a drone to scout for game or lead hunters to animals. Starting August 1, 2026, drones may be allowed for deer recovery on private land, meaning a hunter could use one to locate a deer after the shot, but only on private property. Using a drone to conduct video surveillance of someone who is hunting or fishing without their consent is a Class C misdemeanor.
What the Penalties Actually Are
Tennessee drone offenses fall into two tiers:
- Class C misdemeanor. Drone surveillance with intent, flying over a correctional facility, flying over a large ticketed event or fireworks display without permission, criminal trespass, and surveilling hunters or anglers. Maximum penalty is 30 days in jail and a $50 fine.12Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Misdemeanors
- Class E felony. Flying within 250 feet of a critical infrastructure facility to surveil or record it without the operator’s written consent. Sentencing ranges from one to six years in prison depending on your criminal history.13Justia. Tennessee Code 40-35-112 – Sentence Ranges
Federal penalties can stack on top. The FAA can impose civil penalties up to $27,500 for registration violations, up to $75,000 per violation for safety infractions under its revised enforcement approach, and criminal penalties reaching $250,000 in fines and three years in prison.2Federal Aviation Administration. Is There a Penalty for Failing to Register?
Civil exposure matters just as much. A property owner can sue for trespass or nuisance if your drone causes damage or interferes with their use of the land, and insurance may not cover incidents that arose from illegal operation. The statutory fines for most Tennessee drone offenses are modest on paper. A felony record from a critical infrastructure violation, or a civil judgment from a trespass suit, is not.