Flying Over Fear: Clearing Up the Confusion About Drones and Private Property in Utah.

At Ember Sky, one of the most common challenges our FAA-certified drone pilots face isn't technical—it's social. It’s the public misconception that flying a drone over private property is illegal. let's face it Flying Over Fear is heavy in Utah

Let’s clear the air: it’s not.

🚁 Who Owns the Sky? (Hint: It’s Not the Landowner)

Many people believe that their ownership of land extends indefinitely into the sky. While that used to be the assumption, the federal government—through the Federal Aviation Administration (FAA)—now controls all navigable airspace in the United States. That means from just above the treetops and rooftops on up, the airspace is federally managed.

So when an Ember Sky drone flies over private property—at legal altitudes and within FAA regulations—we’re not trespassing. We're flying in federally regulated airspace, just like any small aircraft, helicopter, or commercial plane.

🛑 But What About My Privacy?

That's a valid concern—and one we take very seriously.

While flying over property is legal, recording people in private areas without consent is not. Under Utah Code § 76-9-402, drone operators are prohibited from recording individuals in places where they have a reasonable expectation of privacy, such as:

• Inside their homes

• Fenced yards

• Secluded private land not open to the public

At Ember Sky, we never film individuals without permission. Our drones are focused on structures, land, construction sites, and public environments—not people. If a person appears in a shot incidentally, that footage is reviewed for compliance with privacy standards.

📍 Private Property ≠ No-Fly Zone

We often hear:

Actually, you can fly over private land, just as long as:

• You don’t launch or land on the property without permission

• You don’t hover excessively or cause nuisance or harassment

• You’re not recording private activities

• You're following FAA Part 107 rules

This is backed by both federal law and Utah state law (U.C.A. § 76-6-206). In fact, Utah law explicitly allows flight over private property if the property is open to the public, or if no unreasonable intrusion or loitering occurs.

👮 What If the Police Get Involved?

Law enforcement can ask for a pilot’s credentials and investigate if there's a safety or privacy complaint. But it’s important to know:

Local police do not have the authority to tell a drone pilot to land or stop flying simply because someone is uncomfortable with a legal flight.

Ember Sky pilots carry FAA-issued Remote Pilot Certificates and comply with all FAA and Utah laws.

🎯 What We Ask from the Public

1. Please don’t assume we’re spying. We’re professionals doing a job.

2. Ask respectfully. Our pilots are happy to answer questions—just not mid-flight.

3. Don’t take matters into your own hands. Threatening a drone or a pilot is a criminal act, and shooting at a drone is a federal felony under 18 U.S. Code § 32.

✈️ Final Thoughts

We understand that drones are still new for many people, and that privacy matters. That’s why Ember Sky goes above and beyond to operate legally, ethically, and respectfully. We fly for clients in construction, real estate, public safety, and environmental monitoring—not to violate anyone’s personal space.

If you ever have a concern about one of our flights, we invite you to contact us directly at embersky911@gmail.com or 801-644-9709.

We’re not just drone operators—we’re part of your community.

Fly legal. Fly smart. Fly Ember Sky.🌐 www.embersky911.com