Drone Laws in San Diego

Summary of Drone Laws in San Diego

Agencies Responsible for regulating drones in San Diego

Federal Aviation Administration

FAA Drone Website: https://www.faa.gov/uas/

California State Laws – Text Search of California Laws 

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UAS Laws – General rules for flying drones in San Diego

Drone operation in San Diego is broadly governed by The Federal USA agency responsible for drone safety, the FAA. Click here for details on FAA USA Drone Laws

The CA State and San Diego legislatures have enacted several supplemental rules specific to San Diego drone operations. Click here for details on CA State Drone Laws.

The highlights of San Diego UAS regulations are enumerated below.

Can you fly a drone in San Diego?

Drones are allowed in San Diego for recreational and commercial use, subject to FAA regulations and flight controls put in place by local governments. Read on for details.

Specific additional San Diego Drone Laws

County of San Diego Department of Parks and Recreation Unmanned Aerial Systems (UAS) Drone Application

7. UAS Operations On, Over, Or In County-Owned Property or Facilities

In accordance with the preemption principles and other limitations noted above, the County may restrict and/or regulate the operation of UAS by persons who are on or in County Property and County Facilities. The County may also regulate UAS operation to the extent there is a danger to the safety or health of persons on or in County Property or County Facilities.

7.1 Outdoor County Property Open To The Public

UAS may be operated by persons on County Property under the following conditions:

1. 7.1.1  All FAA rules and regulations must be followed. Following FAA regulations is a matter of public safety. Violation of FAA regulations is considered a danger to the public. Persons operating UAS while on County Property who are observed violating FAA regulations will be asked to leave and/or be cited.
2. 7.1.2  No ordinance, regulation or rule has been enacted or adopted prohibiting UAS operation by persons on the County Property.
3. 7.1.3  The UAS operator is at least 25 feet away in linear ground distance from any other UAS operator.
4. 7.1.4  UAS may not be launched or landed within 25 feet of any, permanent or temporary structure, or vehicle on County Property. A UAS that is launched or operated from County Property shall not be flown within 25 feet of any person other than the UAS operator and her or his immediate party if any, permanent or temporary structure or vehicle on County Property.
5. 7.1.5  All ordinances, rules and regulations otherwise governing the use of and permission to be on the County Property must be obeyed.
6. 7.1.6  UAS shall not be flown in a careless or reckless manner.
7. 7.1.7  All special conditions imposed by the County must be obeyed. See Section 7.4 below.

9. Requests For Recreational Use Access; Departmental Requirements

Launching, landing, and operation of UAS for non-commercial, non-governmental, recreational, or hobbyist purposes by persons on County Property generally does not require written permission as long as all other applicable requirements herein are met. As set forth above, permission is always required for UAS operation in or on County Facilities.

However, the County and/or its departments may impose a requirement for written permission to operate UAS while on County Property. Such requirements may be temporary or permanent.

If such a requirement is imposed, it shall include, but not necessarily be limited to, the following conditions:

9.1 Persons requesting permission to operate UAS for recreational or hobbyist purposes on County Property must:

• Request permission one business day in advance of the proposed use date and time.
• Provide proof of insurance upon request.
• Affirm that their UAS operation is not for commercial purposes.
• Agree to comply with all Federal, State and local laws and all FAA regulations.
• Agree to defend, indemnify and hold harmless the County of San Diego from any and all liabilities, losses, claims or damages resulting from UAS activities on County properties.
• Agree to maintain a valid permit of access for the duration of all operations. All access is granted as “single use” event permission(s) unless otherwise stated by the County department or agency controlling access to the specific County Property.
• Agree that no person other than the permittee will operate the permitted UAS.
• Not delegate, assign, or allow the use of their permit or permission by any other party.
• Agree that permission may be revoked at any time for any reason.

Changes Coming in the Future

California State Legislature has taken up and is considering a number of proposed bills. We highly recommend checking with the local jurisdiction for the latest information.

What you must know about San Diego No Fly Zones or No Drone Zones

You need to know if you can operate your drone. Under what limitations? Whether you will need authorizations? And, if so, how to get those authorizations.

We encourage you to read our explainer. It provides more details here: Explainer – What You Must Know About No Fly Zones or No Drone Zones

How do I check for no-fly zones, no-drone zones, and uncontrolled or controlled airspace in San Diego?

The FAA has partnered with Aloft to develop the B4UFLY mobile app. The app can tell you if there are any airspace restrictions where you want to fly.

If you are looking for a drone no-fly zone map, then B4UFLY is a good place to start.

The app provides situational awareness to recreational flyers and other drone users. You will need airspace authorizations to fly in controlled airspace. This app does not allow you to get airspace authorizations. Authorizations are available through the FAA’s Low Altitude Authorization and Notification Capability (LAANC).

The B4UFLY app is available to download for free:

Get the B4UFLY at the App Store for iOS.  https://apps.apple.com/us/app/b4ufly-drone-airspace-safety/id992427109

Get the B4UFLY at the Google Play store for Android.  https://play.google.com/store/apps/details?id=gov.faa.b4ufly2&hl=en_US&gl=US

B4UFLY is also available as a desktop version for preflight planning and research. https://b4ufly.aloft.ai/ (“B4UFLY App | Federal Aviation Administration”)

How do I get authorization to fly in controlled airspace in San Diego?

Low Altitude Authorization and Notification Capability (LAANC) is run by the FAA. It is the only way to get permission to fly in controlled airspace.

LAANC is available to drone pilots. It applies if you are operating under the Small UAS Rule Part 107. And it applies if you are operating under the exception for Recreational Flyers.

You can get access through one of the FAA-approved LAANC UAS Service Suppliers. Some providers have apps that can be used to apply for approval in near-real time.

There are two ways to use LAANC:

• Submit a near real-time authorization request for operations. Applies to flights under 400 feet in controlled airspace around airports. This is available to Part 107 Pilots and Recreational Flyers.
• Submit a “further coordination request.” This applies if you need to fly above the designated altitude ceiling in a UAS Facility Map, up to 400 feet.
  • You can apply up to 90 days before a flight. The approval is coordinated manually through the FAA. This is available to Part 107 pilots only.

LAANC is available at 726 airports. Use the manual process to apply for authorizations for airports not offering LAANC.

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Notes for recreational drone pilots flying for fun in San Diego

If you have a small drone of less than 55 pounds, you can fly recreationally by following Drone Laws in the USA defined by 49 USC 44809. However, San Diego has specific restrictions listed below.

In San Diego, recreational UAS operations (i.e., flying for recreational purposes) are approved under law, specifically 49 USC 44809, but restricted in San Diego as per local rules. Please check the specific city and state jurisdiction for additional permissions, licensing, or clearance requirements.

Following these rules will keep you and your drone safe. And that helps keep the airspace available to everyone.

All recreational flyers must pass an aeronautical knowledge and safety test. The Recreational UAS Safety Test (TRUST) meets this rule. You must provide proof of passage if asked by law enforcement or FAA personnel. 

TRUST provides education and testing on important safety and regulatory information. If you fly your drone recreationally under the Exception for Recreational Flyers, you must pass the test before you fly. 

Note: If your drone weighs more than .55 pounds (lbs), you must register your drone through the FAA’s Drone Zone.

For a complete discussion on drone registration, see our Drone Registration Explainer.

To fly your drone as a recreational flyer, it’s as easy as 1-2-3

1. Understand recreational flying requirements
   • Note: Non-recreational drone use is when you fly drones for business or to help out, not just for fun. For example, real estate agents may use drones to take photos of houses they are selling. Roof inspectors might use drones to get a closer look at roofs. A high school might have someone fly a drone to record football games and post videos on their website. Doing volunteer work with drones also counts as non-recreational use. So, non-recreational drone use is any time you operate a drone to do useful work. Or help others out. It is when you are not just doing it to enjoy flying it for hobby or sport. If you’re unsure which rules apply to your flight, fly under Part 107 (See below).
   • Visit the Recreational Flyers page to learn about the rules for recreational flyers.
   • Download the FAA’s B4UFLY mobile app for more recreational drone flying resources.
2. Take TRUST
   • You may take the free online test through any of the FAA-approved test administrators.
   • All FAA-approved TRUST test administrators offer the test free.
   • All test questions are correctable to 100% before issuing your completion certificate.
   • After completing TRUST, you must download, save, or print your completion certificate.
   • If you lose your certificate, you will need to retake TRUST.
   • View a list of TRUST Test Administrators
3. Receive your certificate
   • After you pass the test, you will receive a certificate. The test administrator you selected gives you your certificate.
   • Test administrators will not keep a record of your certificate. If law enforcement officers ask, you must present a copy of your certificate.

General Rules for Recreational Flyers

USC44809 is the Exception for Limited Recreational Operations of Unmanned Aircraft. It is the law that describes how, when, and where you can fly drones for recreational purposes. Following these rules helps keep people, your drone, and our airspace safe:

1. Fly only for recreational purposes (personal enjoyment).
2. Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO). Read Advisory Circular 91-57C. It provides more information on how to become an FAA-recognized CBO, 
3. Keep your drone within the visual line of sight. Or use a visual observer who is physically next to you and directly communicating with you.
4. Give way to and do not interfere with other aircraft.
5. Fly at or below FAA-authorized altitudes in controlled airspace with prior FAA authorization. Controlled airspace is Class B, C, D, and surface Class E designated for an airport. Get your FAA authorization using LAANC or DroneZone.
6. Fly at or below 400 feet in Class G (uncontrolled) airspace. Note: Flying drones in restricted airspace is not allowed. Before the flight, drone pilots should always check for airspace restrictions. You can do so on the B4UFLY app or the UAS Facility Maps webpage.
7. Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying.
8. Have a current FAA registration. Mark (PDF) your drones on the outside with the registration number. And carry proof of registration when flying. Starting September 16, 2023, registered drones must broadcast Remote ID information. The FAA has delayed enforcement to March 16, 2024.
9. Do not operate your drone in a manner that endangers the safety of the national airspace system.

Recreational drone pilots must not violate safety requirements. Nor should they operate their drone flight carelessly or recklessly. You could be liable for criminal and/or civil penalties if you do.

You do not need a drone license if your drone use is recreational and falls within the scope of 44809. But, to fly your drone commercially, you must first get a Remote Pilot Certificate (RPC). This is also true for flights under the FAA’s Small UAS Rule (Part 107). The RPC is also known as a drone license or a Part 107 certificate. You may want to get your drone license for the flexibility it allows in your drone flights.

For more details on drone licensing, please see our Drone License Explainer.

Hobbyist rules in California Parks, Recreation and Historic Preservation

Drones in State Wilderness Areas, Natural Preserves, and Cultural Preserves:
State Park regulations prohibit the use of motorized equipment (including UASs) within wilderness areas, cultural preserves, and natural preserves (Cal. Code Regs. tit. 14, § 4351.) Therefore, drone users should always check the designation of the park unit before operating a drone.

Recreational Drones:
California State Parks recommends that recreational drone users check with their local State Park District before operating a UAS within a State Park. Each park unit may have its own posted orders. Even absent a posted order on drones, it is within the discretion of park staff to contact drone operators when drones threaten visitors, property, wildlife, or privacy. If a drone operator continues to fly in a dangerous or reckless manner, they may be asked to stop flying and remove the drone from park boundaries.

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Notes for operating Commercial Drone Services in San Diego

If you have a small unmanned aircraft that is less than 55 pounds, you can fly for work or business by following the Drone Laws in the USA defined by FAA Part 107 guidelines, however, San Diego Drone Laws have specific restrictions listed below.

Commercial drone operations in CA State are approved under the FAA Part 107 but restricted in San Diego as per local rules. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

For a complete review of the FAA Part 107 regulation, please see our comprehensive FAA 107 Explainer.

Note: The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver as long as they meet the requirements defined in the rule. Airspace authorizations are still required for night operations in controlled airspace under 400 feet.

If you have a small drone of fewer than 55 pounds, you can fly for work or business by following the Part 107 guidelines. There are three main steps to fly under Part 107 rules.

Step 1: Learn the Rules

Ensure you understand what is and is not allowed under Part 107 rules.

• 14 CFR Part 107 Small Unmanned Aircraft Systems

If you are unsure if Part 107 rules work for you and your intended operation, check our user identification tool.

Some operations will need a waiver. Here are the regulations specified in §107.205 that are subject to waiver:

• Operation from a moving vehicle or aircraft – §107.25
• Operation at Night – §107.29(a)(2) and (b)
• Visual line of sight aircraft operation – §107.31
• Visual observer – §107.33
• Operation of multiple small unmanned aircraft systems – §107.35
• Yielding the right of way – §107.37(a)
• Operation over human beings – §107.39
• Operation in certain airspace – §107.41
• Operating limitations for small unmanned aircraft – §107.51
• Operations Over Moving Vehicles – §107.145

Learn more about Part 107 Waivers.

Drone operators should avoid flying near airports. It is difficult for crewed aircraft to see and avoid a drone while flying. Remember that the drone operator must avoid manned aircraft. You are responsible for any safety hazard your drone creates in an airport environment.

Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test

For more details on drone licensing, please see our Drone License Explainer.

To be eligible to get your Remote Pilot Certificate, you must be:

• At least 16 years old
• Able to read, write, speak, and understand English
• Be in a physical and mental condition to safely fly a UAS

Study for the Knowledge Test

• Review Knowledge Test Suggested Study Materials provided by the FAA.

Get an FAA Tracking Number (FTN)

• Create an Integrated Airman Certification and Rating Application (IACRA) profile. Then, register for the knowledge test.

Schedule an Appointment

• Take the Knowledge Test at an FAA-approved Knowledge Testing Center.

Complete FAA Form 8710-13

• Once you’ve passed your test for a remote pilot certificate (FAA Airman Certificate and/or Rating Application), log in to the FAA Integrated Airman Certificate and/or Rating Application System (IACRA)* to complete FAA form 8710-13.
• Review the entire process to get your Remote Pilot Certificate.

Step 3: Register your Drone with the FAA

For a complete discussion on drone registration, see our Drone Registration Explainer.

Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy to register. Learn more about registering your drone.

• Create an account and register your drone at FAADroneZone. Select “Fly sUAS under Part 107.”
• Once you’ve registered, mark your drone (PDF) with your registration number. The number will be useful in case it gets lost or stolen.

Commercial rules in Parks, Recreation and Historic Preservation

Commercial Drones:
The FAA requires commercial drone operators to receive special authorization; either a Section 333 Exemption or a Special Airworthiness Certificate. The FAA defines commercial drone use as, among other things: filming for hire; selling aerial photography or videography; inspections for hire; surveying for hire, or flying to further a business purpose. Operating a drone for commercial purposes within a state park also requires a permit. Commercial Drone users must submit a copy of their FAA authorization to the appropriate State Park District(s). Depending on the proposed use, the District Superintendent may require a Special Event permit, Right of Entry permit, or other approval. Further, commercial photography or filming within State Park also requires a permit from the California Film Commission. (Cal. Code Regs. tit. 14, § 4316.)

Research Drones:
Drones may prove a valuable tool for scientific research and surveys. The operation of a drone for research purposes requires approval from the FAA. Before operating a drone for research purposes within a state park, please submit a copy of your FAA authorization to the appropriate State Park District(s). California State Parks requires a scientific collection permit (DPR 65) for any scientific research and surveys within a State Park.

Public Agency Drones:
The FAA requires public entities to obtain a Certificate of Waiver or Authorization (COA) to operate public aircraft. Before operating a drone for governmental purposes within a state park, please submit a copy of your COA to the appropriate State Park District(s).

County of San Diego Department of Parks and Recreation Unmanned Aerial Systems (UAS) Drone Application

8. Commercial UAS Operations

Operation of non-recreational, non-“model aircraft” UAS for commercial or business purposes (“commercial UAS operation”) must adhere to all requirements of this Administrative Item, not in conflict with this section.

Commercial UAS operation by persons on County Property or on or in County Facilities requires prior written permission from the department or agency of the County that controls the County Property or County Facility.

8.1 Persons requesting to operate a UAS for commercial purposes on County Property or in or on County Facilities must:

1. Request permission four business days in advance of the expected operation date and time.
2. Receive written permission to use specific facilities or properties from the County department or agency controlling access to the property.
3. Provide to the County proof of appropriate insurance coverage.
4. Provide proof of compliance with all the requirements of 14 CFR Title 14 Part 107 Subpart C relating to Remote Pilot Certification.
5. Agree to comply with all applicable FAA regulations.
6. Agree to defend, indemnify and hold harmless the County of San Diego from any liabilities, losses, claims or damages resulting from commercial UAS activities on or in County properties.
7. Agree to maintain a valid permit of access for the duration
   of all operations. All access is granted as “single use” event permission(s) unless otherwise stated by the County department or agency controlling access to the specific County Property.
8. Not delegate or assign their permission or access to any other party.
9. Agree that permission may be revoked at any time for any reason.

8.2 County Film Permitting Procedures

Persons or entities desiring to conduct filming on County property must comply with County Film Permitting Procedures as promulgated by the Chief Administrative Officer.

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Useful published information on flying drones in San Diego

We have partnered with the FAA and other drone enthusiasts in supporting an internet educational campaign called Know Before You Fly. The tips, pointers, and resources apply to San Diego Drone Users also. Please visit the site for additional information: Know Before You Fly

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NOTE: This page is about the Regulation of Unmanned Aerial Vehicles: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model Aircraft, toy, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.

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Traveling with a Drone?

Click here to read our Comprehensive Guide For Traveling With A Drone.

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