All About Minnesota Drone Laws: The Complete Overview

A Beginner’s Guide to Minnesota’s Drone Laws

Drones have become an increasingly significant presence in our world. Their applications range from the recreational to the practical, and more recently they have demonstrated economic potential for businesses. The Federal Aviation Administration expects that by 2025, there will be over two million drones registered. In Minnesota, coupled with the federal requirements, there are also a range of state laws with respect to the operation, use, and regulation of drones. Understanding them is becoming an essential part of being responsible and successful.
Unlike the federal drone regulations, which are uniform, state law can vary significantly from one jurisdiction to another. Some states have very comprehensive drone laws, while others are still emerging. Minnesota’s drone legislation falls in the middle of the road. As of 2018, Minnesota has adopted laws and rules that govern the use of drones in several different contexts. For instance, Minnesota has drone laws for airports and other public airports, false alarms, government data, hunting, industrial hemp, pet tracking and trespass .
However, there are important legislation items in the works that will add on to our branch of the regulation tree. Regardless of how extensive the tree is, each branch is important.
Why Legislation is Important and How It Helps
Legislation increases the likelihood that drone will be used in the correct way, which makes the future of drone technology in Minnesota brighter. The technology behind drone UAS (unmanned aerial systems), is like nothing anyone has ever seen before. The perfect storm of highly advanced wireless technology and rapidly changing legislative guidelines means that it is too soon to determine fully how drone regulations will develop in the long term. Because the technology involves a melding of airspace regulation, ground regulation, wireless regulation and others, there is no specific handbook of guidelines to follow. Hopefully, something will be drafted so that all drone operators will have the same standards. We owe it to ourselves, our neighbors, and our businesses, to understand drone laws and avoid missteps.

Drone Laws: Minnesota State or Federal?

Federal drone laws set by the Federal Aviation Administration (FAA) prescribe a standard operating procedure for drones across the country. This includes all of Minnesota. While an attempt by the FAA to monopolize drone regulation has been the source of many a spirited debate, the fact is that the standards set by the FAA are a baseline level of regulation.
States (and localities) are free to raise control of drone operations above that provided by the FAA. Minnesota is one of those states that has done exactly that.
Minnesota Statutes § 360.0651 regulates both drone use in general and drone use near correctional facilities. This law (unlike many laws on this subject) does not exempt commercial operators. It, in fact, provides that any individual who works with drones cannot "sell a product or service, charge a fee, accept advertising, or accept other compensation" through the use of his or her drone. That means that even recreational operators like hobbyists can’t turn around and offer their service to film someone’s wedding. The law also goes on to require that individuals who use a drone must still follow the rules set forth by the FAA. Unsurprisingly, therefore, the law provides that violation of the statute is a misdemeanor.

The Minnesota Drone Laws You Need to Know

Here are some key drone regulations that every Minnesota drone pilot should be aware of:
Registration
You do not have to register your drone with the state or federal government if it is under 55 pounds and is not exclusively used for commercial purposes. If your unmanned aircraft is in the heavy weight category, you are required to register the craft with the United States Federal Aviation Administration (FAA).
Do I need to pass a test?
In order to operate a drone for commercial reasons in Minnesota, you must pass a test administered by the FAA that covers multiple subjects, including airspace rules, regulations, weather, and emergency procedures. You will also need to pass a background check.
General Restrictions
Minnesota does not have many rules pertaining to the operation of drones. However, all drone pilots should familiarize themselves with the Federal Aviation Administration’s Section 333 Exemption and Part 107 of the Code of Federal Regulations (Title 14, Chapter 1, Subchapter F, Part 107) related to drone operations.
What happens if I break one of these laws?
Depending on the law you violated, you could face civil, state, or federal penalties. It is always best to understand the law to avoid walking into a situation where you may face the penalties.

Can You Fly a Drone in Minnesota on Private Property?

The world of drones on public and private property in Minnesota is as nuanced and complex as it comes. Under the Minnesota Constitution, Article I, Section 10, you cannot intercept private communications, photographs, or video recordings if they are private or they have a reasonable expectation of privacy. To further complicate things, many municipalities have adopted further restrictions to drone usage on public and private property. Lastly, the federal government has regulations in place that may affect where and how you can operate your drone in certain constrained areas.
Private Property
Except when prohibited by the Constitution, restrictions on film obtained from a drone are not yet addressed by Minnesota law. Indeed, there is a lack of clarity on the legality of any recorded images obtained from a drone on private property in Minnesota. There is a significant concern from private property owners regarding drones and their right to privacy. While images and video obtained by a device that is on the property is likely illegal, the legality of images and video obtained via drones on private property remains uncertain due to the lack of express authority. As a point of reference, however, the Minnesota Supreme Court found in State v. Hayes,340 N.W.2d 25 (Minn. 1983), that a warrant was necessary when the police flew a helicopter over private property for the express purpose of obtaining evidence against a defendant.
Public Property
With regard to drones on public property, as an initial matter, you cannot fly when there is a substantial probability that you would cause an aircraft to collide with another aircraft or a ground or water vehicle. This can include operating in restricted air space, as defined by the Federal Aviation Administration ("FAA"). In addition, the FAA has set a maximum altitude of 400 feet, which means you cannot operate your drone when you exceed that height. There are exceptions to this altitude requirement, including flying over a building or structure that is taller than 400 feet. As an aside, the FAA has stated that drones are always in the Class G airspace (uncontrolled airspace) from the surface up to 14,500 feet in altitude. Other restrictions include the following:

Commercial Drone Use in Minnesota

Drone operations for commercial purposes are subject to state and federal law. The FAA’s Small Unmanned Aircraft Rule (Part 107) regulates most commercial drone operations, regardless of weight. Nothing in Part 107 preempts state or local laws, but they can be complementary to FAA regulations. We regularly help commercial drone operators of all sizes navigate airspace restrictions, zonings, permits, and other requirements by state and local governments.
Drone operations that are outside of the Part 107 that also do not meet the requirements for a public airspace usage (e.g., by a government agency) require an FAA Certificate of Authorization (COA) . These are rare and usually take many months to obtain. Although public agencies are exempt, school or government entity that wants their own drones operated should look into obtaining an FAA Exemption from Regulation.
Minnesota has specific laws that apply to the use of drones in Minnesota. For example, dusk to dawn surveillance is illegal with a few exceptions and data collection without the consent of the subject is strictly limited. Likewise, any operation from a moving vehicle or watercraft is prohibited without a favorable waiver from the FAA. Aerial spraying is also strictly prohibited.

Safe and Legal Ways to Fly Your Drone in Minnesota

Best Practices for Safe and Legal Drone Flying in Minnesota
By ensuring proper preparation and understanding of Minnesota’s regulations, drone operators can avoid penalties while conducting safe operations. Prior to any operation, the FAA requires the responsibility of all UAV operators to be familiar with the rules and regulations, and it is safe to assume that Minnesota has added an additional layer of responsibility to its drone law. This means that aside from just being familiar with the FAA rules, Minnesota operators should understand both the pre-flight requirements and your responsibilities once you are airborne.
Before You Fly
Be Aware of Restricted Areas: Always check the airspace restrictions within the vicinity of your operation before launch. The most up to date method of checking for restricted areas is by using B4Ufly which is available for both iPhone and Android. A check of the B4Ufly app is an absolute must prior to any launch or operation that is permitted under the FAA’s model aircraft rules. Additional sources of information on restricted areas, such as the FAA sectional charts, should also be reviewed prior to launching your drone. Pre-Flight Preparation: Prior to any flight, pilots should familiarize themselves with the area in which they will be operating. For instance, when operating within the vicinity of trees, but fairly far off from any roads or houses, know in advance how your drone will react if you experience a fly away. Therefore, if you have a fly away, at what point could you have regained control of the drone if you would have been prepared for the various scenarios? You cannot predict the future, but with the proper preparation you can increase the likelihood that your drone will not end up colliding with another person’s property, or worse, injuring someone.
During the Flight
Avoid Surfaces and Structures that Pose Additional Risks: Minnesota’s drone law specifically prohibits operation within 5 miles of a helicopter port or heliport as well as above buildings and sparsely populated areas. This is an indication that the legislature recognized that certain areas carry an additional risk. But it has not provided us with guidance on what we should do in order to lower our risk of collision and what activities should be avoided. Respect Privacy: Avoid flying over or recording individuals that have not consented to being recorded, or have not acknowledged the operation of your drone. There is often a fine line between ensuring our own safety and respecting the rights of others to their privacy, and there is no one set rule that will satisfy each situation. Post Flight Analysis: Assess whether the conditions during your flight meet the same conditions that existed prior to your flight. If you noticed any changes or issues with your drone during your flight, review what changes may be attributed to the actions you took prior to or during your flight. Were there missed pre-flight preparations, or was there any other factor that led to unexpected changes or results? Understand what steps you can take before your next flight to mitigate future issues in order to create a safer operation for you and those around you.

Minnesota Drone Laws: Recent Changes and Updates

After the 2019 session, it appears that the Minnesota Legislature thought the state’s drone regulations were adequate. In fact, of the two relevant bills introduced, both died in committee to become law. S.F. 1045 introduced in January and H.F. 1728 introduced in March of 2019, both failed to reach any further than the House Public Safety and Security Policy Committee and the Senate Transportation Finance and Policy Division, respectively.
H.F. 1728 would have enacted the "Drone Privacy Act" in the state. If passed, it would have made flying a drone over private property an offense, punishable by a fine of $500 for the first offense and $1,000 for each subsequent offense, as well as the potential for civil damages. What amounts to a first offense? Or a subsequent?) There is also the potential for a property owner to request a restraining order against a drone operator who violates the act, and notification of a violation to local law enforcement, who may then notify the Federal Aviation Administration (FAA).
The bill also would have established a "Drone Registration Program" in which a drone operator must register the device with the commissioner of public safety (the "Commissioner"). Certain exemptions would have applied, including state or federal government-operated drones, and drones registered elsewhere that meet certain FAA requirements. Nevertheless, failure to register would carry a possible fine of $300.
There is an exemption as well for drone flights operated by law enforcement or other government agencies, but only if the flight complies with all other laws applicable.
It was never clear whether this requirement to register drones with the Commissioner extends to Minnesotans who travel to other states.

Drone Resources for Minnesota Pilots

Staying up to date on Minnesota’s drone regulations is critical for those who fly for commercial purposes and is also helpful in ensuring that hobbyists are in compliance with the law. Below are some useful resources for Minnesota drone operators:
State Resources
Minnesota Department of Transportation UAS Advisory Group – representatives from the Minnesota Department of Transportation have established a UAS working group to develop stakeholder outreach programs and responsibilities.
Minnesota Department of Transportation UAS Plan – the working group also developed a plan for drone technology that includes information on drone-related airport and aviation issues.
Minnesota Department of Public Safety – the state’s Department of Public Safety maintains an online database of all public safety departments and police departments in the state, some of which own and operate drones for investigative purposes.
City and County Resources
It’s important to understand if your city or county has any additional ordinances , regulations or policies governing drone usage. In particular, public parks, public rights-of-way and other public land may be subject to local laws on drone usage.
Flight Planning and Application Resources
Litchi App – a flight application for Android devices that allows drone pilots to plan, save and share their missions. The app is compatible with most Android devices and can be used to safely navigate flight patterns, avoid obstacles, and locate points of interest.
Koptere – provides drone pilots with a quick and easy way to plan safe flight routes in their area, in addition to access to a database of local regulations applicable to flights in that area.
AirMap – the leading provider of airspace management technology designed for drone operators. Updated frequently, it supports flight planning, avoiding airspace restrictions and regulatory compliance.
AirData UAV – cloud-based software that provides extensive analytics and flight visualization tools. The software works only with DJI drones at the moment, but has been in development for other makes and models of UAVs.