# How high can a drone legally fly?

**400 feet above ground level, for both recreational flyers and Part 107 pilots.** In the United States a drone may not fly higher than 400 feet above ground level. That single ceiling applies to certificated Part 107 operations under 14 CFR 107.51 and, as FAA guidance, to recreational flyers as well. The one exception lets a Part 107 pilot go higher only while within a 400-foot radius of a structure, and no higher than 400 feet above that structure. Near an airport, controlled airspace can lower the ceiling further, and you always have to keep the drone within visual line of sight. The airspace is federal, so a city or state cannot set its own altitude rule. Every figure here is attributed to the FAA or the Code of Federal Regulations, not a DEPLOY estimate.

Last verified Jun 22, 2021. 5 sources.

## Short answer

The legal ceiling for a drone in the United States is 400 feet above ground level. For a certificated pilot flying under Part 107, that limit is written into 14 CFR 107.51. For recreational flyers, the FAA applies the same 400-foot limit as guidance in uncontrolled airspace.

There is one narrow exception. Part 107 lets a pilot fly higher than 400 feet only when the drone stays within a 400-foot radius of a structure and does not climb more than 400 feet above that structure's highest point. This exists so a pilot can inspect a tower or a tall building, not to allow free flight at altitude.

Altitude is not the only limit. The pilot must keep the drone within unaided visual line of sight (14 CFR 107.31), groundspeed is capped at 100 miles per hour, and flight visibility must be at least 3 statute miles. Near an airport, controlled airspace may allow a ceiling well below 400 feet, and a flyer has to get an authorization (usually through LAANC) before flying there.

One thing people often get wrong: the airspace is federal. The FAA regulates the navigable airspace of the United States, so a city or a state cannot lawfully set its own drone altitude ceiling, even over private property. DEPLOY does not sell drones and makes no recommendations; it cites the rule and links the source.

## The rules that set the ceiling

| Rule | Kind | Date | Source | Authority |
| --- | --- | --- | --- | --- |
| Recreational flyers are also held to 400 feet. | FAA rule | Jun 22, 2021 (as reported) | [FAA](https://www.faa.gov/uas/recreational_flyers) | FAA, Recreational Flyers |
| 400 feet above ground level is the Part 107 ceiling. | Federal rule | Aug 29, 2016 | [Cornell Law (14 CFR)](https://www.law.cornell.edu/cfr/text/14/107.51) | 14 CFR 107.51 (Operating limitations) |
| You may exceed 400 feet only close to a tall structure. | Federal rule | Aug 29, 2016 | [Cornell Law (14 CFR)](https://www.law.cornell.edu/cfr/text/14/107.51) | 14 CFR 107.51 (Operating limitations) |
| You must keep the drone within visual line of sight. | Federal rule | Aug 29, 2016 | [Cornell Law (14 CFR)](https://www.law.cornell.edu/cfr/text/14/107.31) | 14 CFR 107.31 (Visual line of sight) |
| The same rule caps speed at 100 mph and visibility at 3 miles. | Federal rule | Aug 29, 2016 | [Cornell Law (14 CFR)](https://www.law.cornell.edu/cfr/text/14/107.51) | 14 CFR 107.51 (Operating limitations) |
| A city or state cannot set its own drone altitude ceiling. | FAA rule | Aug 29, 2016 | [FAA](https://www.faa.gov/newsroom/small-unmanned-aircraft-systems-uas-regulations-part-107) | FAA, Small UAS Rule (Part 107) |

## How the altitude rules stack up

- **Jun 22, 2021 (as reported): Recreational flyers are also held to 400 feet.** The FAA tells recreational flyers to keep the drone at or below 400 feet in uncontrolled (Class G) airspace. To fly in controlled airspace near an airport, a recreational flyer must first get an authorization, typically through LAANC, which can grant a lower ceiling than 400 feet in that area. (FAA, Recreational Flyers)
- **Aug 29, 2016: 400 feet above ground level is the Part 107 ceiling.** Under 14 CFR 107.51, a small drone flown for work or business may not go higher than 400 feet above ground level. This is the core altitude limit for certificated (Part 107) operations, measured from the ground directly below the aircraft, not from sea level. (14 CFR 107.51 (Operating limitations))
- **Aug 29, 2016: You may exceed 400 feet only close to a tall structure.** 14 CFR 107.51 carries one exception: a drone may fly higher than 400 feet above the ground if it stays within a 400-foot radius of a structure and does not rise more than 400 feet above that structure's uppermost limit. This lets a pilot inspect a tower or tall building, not fly freely at altitude. (14 CFR 107.51 (Operating limitations))
- **Aug 29, 2016: You must keep the drone within visual line of sight.** 14 CFR 107.31 requires the remote pilot (or a visual observer in contact with the pilot) to keep the drone within unaided visual line of sight throughout the flight. In practice this caps real-world altitude and distance well before 400 feet, because you have to be able to see the aircraft. (14 CFR 107.31 (Visual line of sight))
- **Aug 29, 2016: The same rule caps speed at 100 mph and visibility at 3 miles.** Alongside the altitude limit, 14 CFR 107.51 caps groundspeed at 87 knots (100 miles per hour) and requires at least 3 statute miles of flight visibility from the control station. These sit in the same operating-limitations section as the 400-foot ceiling. (14 CFR 107.51 (Operating limitations))
- **Aug 29, 2016: A city or state cannot set its own drone altitude ceiling.** The airspace itself is federal. The FAA regulates the navigable airspace of the United States, and the Part 107 rules govern small drones under 55 pounds nationwide. A local government cannot lawfully set its own altitude rule for the airspace, though it may regulate where a person launches or lands. (FAA, Small UAS Rule (Part 107))

## How we know this

- [FAA](https://www.faa.gov/uas/recreational_flyers)
- [FAA](https://www.faa.gov/uas/recreational_flyers/where_can_i_fly)
- [Cornell Law (14 CFR)](https://www.law.cornell.edu/cfr/text/14/107.51)
- [Cornell Law (14 CFR)](https://www.law.cornell.edu/cfr/text/14/107.31)
- [FAA](https://www.faa.gov/newsroom/small-unmanned-aircraft-systems-uas-regulations-part-107)

## Common questions

### How high can a drone fly legally in the US?

400 feet above ground level. For certificated Part 107 pilots that limit is set by 14 CFR 107.51, and the FAA applies the same 400-foot ceiling to recreational flyers in uncontrolled airspace. You may exceed it only within a 400-foot radius of a structure, and never more than 400 feet above that structure.

### Can a drone fly above 400 feet?

Only in one narrow case. 14 CFR 107.51 lets a Part 107 pilot fly higher than 400 feet above the ground when the drone stays within a 400-foot radius of a structure and does not rise more than 400 feet above the top of that structure, which allows tower and building inspections. Otherwise 400 feet above ground level is the ceiling. Going higher without meeting the exception, or without an FAA waiver, is a violation.

### Is the 400-foot limit measured from the ground or from sea level?

From the ground. The Part 107 limit is 400 feet above ground level, meaning the height above the terrain directly below the drone, not the altitude above sea level. Flying along a hillside, the drone must stay within 400 feet of the ground beneath it.

### What is the altitude limit for recreational drones?

The FAA tells recreational flyers to stay at or below 400 feet in uncontrolled (Class G) airspace. To fly in controlled airspace near an airport, a recreational flyer must first obtain an authorization, often through LAANC, which may set a ceiling lower than 400 feet for that specific area.

### Are there other limits besides altitude?

Yes. The remote pilot must keep the drone within visual line of sight (14 CFR 107.31), groundspeed is capped at 100 miles per hour, and there must be at least 3 statute miles of flight visibility. These sit in the same operating-limitations rule as the 400-foot ceiling.

### Can my city set a different drone height limit?

No. The airspace is federal. The FAA regulates the navigable airspace of the United States and the Part 107 rules apply nationwide, so a city or state cannot set its own altitude ceiling for drones. Local governments can regulate where a person takes off or lands, but not the airspace itself.

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