Drone Photography Rules Every Client Should Know

Category:

Aerial & Drone

Aerial & Drone

By Jacob Mercer

8 min read

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“Can you get a drone shot of it?”

Usually yes. Sometimes no. And the reason for no is almost never the drone — it’s airspace, weather, or permission, and understanding which one is in play saves everyone a wasted trip.

Here’s what actually governs aerial work.

Certification comes first

Any drone flight for commercial purposes in the United States requires an FAA Part 107 remote pilot certificate. Not recommended — required. That covers anything where the footage supports a business, which includes real estate listings, dealership content, event coverage, and brand campaigns.

Plenty of aerial footage in circulation was flown by people operating without it. It’s worth asking directly, because the exposure isn’t only the operator’s. If uncertified footage ends up in a commercial listing or ad campaign, that’s a problem attached to your project.

I fly under Part 107 for every commercial job, whether it’s an aerial property tour or tracking shots on an automotive build.

The 400-foot ceiling

Part 107 caps commercial drone flight at 400 feet above ground level in uncontrolled airspace.

That sounds restrictive until you see what 400 feet actually gives you. It’s high enough to show a full property with its surroundings, high enough to establish a location, and high enough that a car on a road below reads as part of a landscape rather than a subject. Most of the aerial work worth doing happens well under the limit anyway — a lot of the best automotive aerials sit between 80 and 150 feet.

Flying higher requires specific authorization, and it’s rarely what a shot needs.

Controlled airspace is the real constraint

This is what most often turns a yes into a maybe.

Airspace around airports is controlled, and flying in it requires authorization through FAA’s LAANC system. Much of it comes through in seconds. Some of it doesn’t come through at all, depending on the zone and the airport’s traffic.

Savannah is a useful example. Savannah/Hilton Head International sits northwest of downtown, and its controlled airspace covers a meaningful chunk of the metro including Port Wentworth and parts of Pooler. That doesn’t mean no flying — it means checking the specific location before committing to aerial coverage, and sometimes flying at a reduced ceiling.

Other restrictions that come up:

Temporary flight restrictions. Stadium events, presidential movement, wildfires, and active law enforcement operations all create no-fly zones that appear and disappear with little notice.

National parks. Drone takeoff and landing is prohibited in most units of the National Park System.

Certain government facilities. Military installations, some federal buildings, and critical infrastructure carry standing restrictions.

I check airspace before every shoot involving aerial work. When it’s restricted, I say so before you’re paying for a travel day.

Property permission is separate from airspace

These get conflated constantly. They’re different questions with different answers.

Airspace authorization comes from the FAA. Property permission comes from whoever owns the ground.

Takeoff and landing require the property owner’s permission — you can’t launch from someone’s yard without asking. Flight over private property occupies murkier legal territory, but the practical answer is straightforward: I get permission where it’s reasonably obtainable, because a neighbor who didn’t know a drone was coming is a problem nobody needs mid-shoot.

For real estate work, this is usually handled as part of shoot planning. For event and motorsport coverage, the venue often has its own policy that supersedes everything else — some tracks and Concours grounds prohibit drone operation entirely regardless of FAA status.

Weather grounds more shoots than regulation

Wind is the main one. Consumer and prosumer drones handle sustained wind up to roughly 20 to 25 mph depending on the airframe, but “handles it” and “produces stable footage” are different thresholds. Gusty conditions produce visible correction in the footage even when the aircraft stays controlled.

Rain grounds everything. Most camera drones aren’t weather-sealed, and the ones that claim to be aren’t worth testing on someone else’s project.

Light matters as much as it does for ground work. Aerial imagery at midday reads flat because there are no shadows to give terrain and structures dimension. Early morning and late afternoon produce the long shadows that make aerial work look like something rather than a map.

If weather compromises the shoot, we relocate or reschedule — that’s covered in my FAQ and in the travel policy for anything requiring a trip.

What this means for planning your shoot

Give me the address early. Airspace checks take minutes, but they have to happen before travel is booked, not after.

Flag the venue. If your shoot is at a track, an airport, a stadium, or a government property, tell me up front. Those carry restrictions beyond standard airspace.

Build in weather flexibility for anything where aerial is essential rather than supplemental.

Ask about certification — of me or anyone else. It’s a fair question and any legitimate operator will answer it directly.

The short version

Commercial drone work requires Part 107. Flight is capped at 400 feet AGL. Controlled airspace near airports requires authorization that may or may not come through. Property owners control takeoff and landing. Weather grounds more shoots than paperwork does.

None of that stops most projects. It just means aerial coverage is something to plan rather than assume.

If you’ve got a location in mind and want to know whether aerial is possible, send me the address and I’ll check it before you commit to anything. More detail on what I shoot and how it works is on the FAQ page, and recent aerial work is in the portfolio.