Drone Regulations in Tennessee: 2024 Guide

Tennessee drone operators face a three-layer compliance stack: FAA rules come first and preempt most local attempts to regulate airspace. Tennessee state statutes add criminal liability for surveillance and privacy violations. Local ordinances may restrict where you launch and land. Know which layer applies before you fly.

Quick Answer: What Drone Rules Apply in Tennessee?

Federal FAA rules govern how and where you fly. Tennessee statutes govern what you do with the footage and who you point the camera at. Local governments may restrict ground-level operations like takeoff and landing sites.

The Three-Layer Framework

Layer 1: Federal (FAA). The FAA has exclusive authority over navigable airspace under 49 U.S.C. § 40103. Every drone operator in Tennessee, recreational or commercial, must comply with FAA registration, airspace authorization, and operational rules. State law cannot override these federal requirements.

Layer 2: Tennessee State Law. Tennessee has no single comprehensive drone statute. Instead, several provisions of the Tennessee Code Annotated (TCA) address specific conduct: surveillance, voyeurism, law enforcement use, and aeronautics authority. These statutes create criminal liability for misuse but do not replace FAA operational rules.

Layer 3: Local Ordinances. Nashville, Memphis, Knoxville, and other municipalities may impose restrictions on drone launches and landings from public property, require local film permits, or regulate drone use at city-owned facilities. These rules survive federal preemption only when they address land use and public safety on the ground, not airspace control. Consult the relevant city planning or parks department for current ordinances.

Regulatory Split at a Glance

Commercial vs. recreational threshold. If you receive any compensation, direct or indirect, for drone services or footage, you are a commercial operator under FAA rules and must hold a Part 107 Remote Pilot Certificate. Recreational use means flying purely for personal enjoyment with no compensation involved.

The only drone-related legislative action in the 2024 session was SJR 7132, a ceremonial resolution recognizing the Greeneville Civil Air Patrol Squadron's drone flight team. This resolution has no regulatory effect. No other substantive drone legislation was enacted or pending.

Tennessee State Statutes Governing Drones

Tennessee's drone statutes are found in its criminal and aeronautics codes.

TCA § 39-13-609: Unlawful Use of Unmanned Aircraft

This statute prohibits using a drone to conduct surveillance of an individual in a private place without that person's consent. "Private place" means a location where a reasonable person would expect to be free from surveillance. Violations are a Class C misdemeanor for a first offense. Repeat violations or surveillance conducted for commercial gain or with intent to harass can escalate penalties. Consult the Tennessee Attorney General opinion database for any interpretive guidance on what constitutes "surveillance" under this provision.

TCA § 39-13-610: Voyeurism via Drone

This statute specifically addresses using a drone to observe or photograph a person in a state of undress or engaged in sexual conduct without consent. This is a separate offense from general surveillance under § 39-13-609 and carries higher penalty tiers. A first offense is a Class A misdemeanor. Subsequent offenses or offenses involving a minor are felonies. The statute applies regardless of whether the drone operator is on public or private property at the time of the flight.

TCA § 39-13-903: Law Enforcement Drone Use

Tennessee restricts how government agencies may use drones. Key provisions include a warrant requirement before law enforcement may use a drone to gather evidence or conduct surveillance, with exceptions for emergency situations, wildfire response, and search and rescue operations. The statute also imposes data retention limits on footage collected by law enforcement drones. Consult the current codified text of TCA § 39-13-903 directly or contact the Tennessee Bureau of Investigation for the operative retention period.

TCA § 65-15-101 et seq.: Tennessee Aeronautics Act

The Tennessee Aeronautics Act establishes the TDOT Aeronautics Division as the state authority for aviation matters. The Act operates subordinate to FAA authority under the Supremacy Clause. The state cannot issue rules that conflict with 14 CFR Part 107 or FAA airspace designations. TDOT's practical role for drone operators is primarily advisory and administrative, including coordination on state airport matters and guidance on aeronautical activity.

Critical Infrastructure Protections

Tennessee does not have a standalone statute specifically criminalizing drone flights over critical infrastructure such as power plants, water treatment facilities, or oil pipelines beyond what federal law already covers. Consult the Tennessee Department of Homeland Security and the Tennessee Attorney General's office to confirm whether any administrative rules or recent legislation address this. Federal law under 18 U.S.C. § 1030 and related statutes may apply to drone-based interference with critical systems regardless of state action.

Flights over correctional facilities are addressed separately. Tennessee law prohibits drone operations over state prisons and correctional facilities. Violations carry criminal penalties. Consult the Tennessee Code Annotated directly or the Tennessee Department of Correction for the current operative statute and penalty tier.

FAA Requirements Every Tennessee Drone Pilot Must Meet

These federal requirements apply to all drone operations in Tennessee.

Registration (14 CFR Part 48)

Any drone weighing between 0.55 pounds and 55 pounds must be registered with the FAA before flight. The fee is $5 per drone for recreational operators and $5 per operator for Part 107 commercial operators, which covers all drones under that certificate. Registration is valid for three years. Register at faa.gov/uas via the FAA DroneZone portal.

Recreational Operators: TRUST Test

All recreational flyers must pass the FAA's free online safety test, The Recreational UAS Safety Test (TRUST). There is no expiration date and no fee. You must carry proof of completion when flying. The test is available through FAA-approved test administrators listed at faa.gov/uas/recreational_flyers.

Commercial Operators: Part 107 Certificate (14 CFR Part 107)

Commercial operators must hold an FAA Remote Pilot Certificate. Requirements include passing a knowledge test at an FAA-approved testing center, a TSA security background check, and being at least 16 years old. The certificate must be renewed every 24 months via an online recurrent knowledge test. There is no state-level commercial drone license in Tennessee beyond standard business registration.

Remote ID (14 CFR Parts 47, 48, 89, 91)

As of September 16, 2023, all registered drones must broadcast Remote ID information, which includes the drone's location, altitude, speed, and the operator's location. Drones must either have built-in Remote ID capability or use an FAA-accepted Remote ID broadcast module. Flying at an FAA-recognized identification area (FRIA) is the only exception for drones without Remote ID capability.

LAANC: Controlled Airspace Authorization

Tennessee has four major airports with controlled airspace requiring authorization before flight:

LAANC provides near-real-time authorization through apps including Aloft and DroneUp. Authorizations are grid-based with altitude ceilings that vary by location within the airspace. Some grids have a 0 ft ceiling, meaning no automatic authorization is available and you must apply for a manual Part 107 waiver through FAA DroneZone.

Altitude and Night Operations

The default altitude limit is 400 feet above ground level (AGL) under 14 CFR Part 107. Part 107 operators may apply for a waiver to exceed this limit. Night operations are permitted for Part 107 operators without a waiver, provided the drone is equipped with anti-collision lighting visible for at least three statute miles. Recreational night operations require a waiver from the FAA.

No-Fly Zones and Restricted Airspace in Tennessee

Airport Airspace

Class B airspace around Nashville BNA extends to a hard floor that varies by sector. No drone flight is permitted in Class B without LAANC authorization or a Part 107 waiver. Memphis MEM and Chattanooga CHA Class C airspace require the same. Knoxville TYS and Tri-Cities TRI (Class D) also require authorization. Check the FAA B4UFLY app or SkyVector before every flight near any airport, including smaller general aviation fields, which may have Class D or Class E surface airspace.

Temporary Flight Restrictions (TFRs)

TFRs are issued for sporting events, presidential movements, emergency operations, and other situations. Tennessee hosts NFL games (Tennessee Titans, Nashville) and major SEC football games (University of Tennessee, Knoxville) that routinely generate stadium TFRs extending to 3 nautical miles and 3,000 feet AGL. Check tfr.faa.gov and the B4UFLY app before every flight.

Great Smoky Mountains National Park

Drones are prohibited in Great Smoky Mountains National Park without a special use permit issued by the National Park Service (36 CFR § 1.5). The NPS has broad authority to close areas to drone use, and GSMNP has exercised that authority park-wide. Filming permits are also required for commercial photography under 36 CFR § 5.5. Contact the GSMNP permit office directly for current requirements.

Tennessee State Parks

Drone use in Tennessee state parks is subject to TDEC policy. Contact the Tennessee Department of Environment and Conservation directly before flying in any state park. Assume a permit or advance approval is required until TDEC confirms otherwise.

TVA Facilities

The Tennessee Valley Authority restricts drone operations near its dams, power plants, and transmission infrastructure. TVA's published security policies designate restricted zones around these facilities. Consult TVA's security and land management office directly before any flight near TVA infrastructure. Unauthorized drone flights over TVA facilities may also implicate federal critical infrastructure protection statutes.

Correctional Facilities

Tennessee law prohibits drone flights over state correctional facilities. Do not fly over any prison, jail, or detention facility without explicit authorization from the operating agency.

How to Check Before You Fly

Use all three of these tools together:

• FAA B4UFLY app (airspace status, TFRs, special use areas)
• Aloft or DroneUp (LAANC authorization requests)
• SkyVector (sectional charts for detailed airspace boundaries)

Commercial Drone Operations in Tennessee: Permits, Fees & Timelines

Approval Requirements Comparison

BVLOS Operations

Beyond Visual Line of Sight operations currently require an FAA waiver under 14 CFR Part 107.200. The FAA is developing a BVLOS-specific rule, but it has not been issued. Operators seeking BVLOS authorization must apply through FAA DroneZone and expect a lengthy review process. The FAA's BEYOND program and type certification pathway for certain BVLOS operations are developing frameworks but do not yet replace the waiver requirement for most operators. Monitor faa.gov/uas for rulemaking updates.

Tennessee Business Licensing

Tennessee does not require a state-specific drone operator license beyond standard business registration. Commercial drone service providers operating as a business in Tennessee must register with the Tennessee Secretary of State and obtain any applicable local business licenses. Consult the Tennessee Secretary of State's office (sos.tn.gov) for current business entity and licensing requirements. Real estate photography may intersect with Tennessee real estate licensing rules if the drone operator also markets property. Agricultural drone application of pesticides may require a Tennessee Department of Agriculture pesticide applicator license depending on the scope of services.

Privacy, Trespass & Liability: Tennessee-Specific Rules

Surveillance and Consent (TCA § 39-13-609)

Using a drone to surveil an individual in a private place without consent is a criminal offense in Tennessee. The statute does not require physical trespass. A drone hovering at legal altitude over a neighbor's backyard and recording individuals inside that space can constitute unlawful surveillance. Consent is a complete defense. Commercial operators filming events or private property should obtain written consent from identifiable individuals where feasible.

Voyeurism (TCA § 39-13-610)

Drone-based voyeurism, capturing images of individuals in states of undress or engaged in sexual conduct without consent, is a separate and more serious offense. First offenses are Class A misdemeanors. Offenses involving minors are felonies. The statute applies to the drone operator regardless of where the drone is physically located at the time of capture.

Law Enforcement Restrictions (TCA § 39-13-903)

Tennessee requires law enforcement agencies to obtain a warrant before using drones for surveillance, with exceptions for emergency response, wildfire operations, and search and rescue. The statute also imposes data retention limits on law enforcement drone footage. Confirm the exact retention period directly from the current codified text of TCA § 39-13-903.

Airspace, Curtilage, and Civil Trespass

Tennessee property owners do not own the airspace above their land to an unlimited height. FAA authority over navigable airspace limits property rights claims above a certain altitude. However, very low-altitude drone flights directly over a property's curtilage (the area immediately surrounding a home) may support a civil trespass claim under Tennessee common law, particularly if the flight interferes with the owner's use and enjoyment of the property. No Tennessee Supreme Court decision directly resolving this question has been identified. Consult the Tennessee Attorney General opinion database for any relevant opinions.

Shooting Down a Drone: Do Not Do It

Shooting down a drone is a federal crime under 18 U.S.C. § 32, which prohibits destruction of aircraft. Drones are aircraft under federal law. A landowner who shoots down a drone faces federal criminal exposure even if the drone was conducting unlawful surveillance. The civil remedy for drone trespass or surveillance is a lawsuit, not a shotgun.

Insurance

Tennessee does not mandate drone liability insurance by statute. However, commercial clients, including real estate firms, construction companies, and event organizers, routinely require proof of liability coverage of $1 million or more per occurrence before allowing a drone operator on site. Recreational operators have no state-mandated insurance requirement. Operators should consult their homeowner's or renter's insurance policy, as many policies exclude drone-related liability.

Media and Press Use

Tennessee has no press exemption from TCA § 39-13-609 or § 39-13-610. Journalists and media organizations using drones for newsgathering are subject to the same privacy statutes as any other operator. The First Amendment does not create a blanket right to surveil private individuals from the air without consent.

Next Steps: How to Fly Legally in Tennessee and Who to Contact

Compliance Checklist

1. Determine use type. Recreational or commercial? If any compensation is involved, you are a commercial operator and need Part 107 certification.
2. Register your drone with the FAA at faa.gov/uas if it weighs 0.55 lbs or more (14 CFR Part 48). Fee: $5.
3. Pass the appropriate test. Recreational: complete TRUST at an FAA-approved administrator. Commercial: pass the Part 107 knowledge test at a certified testing center.
4. Verify Remote ID compliance. Confirm your drone has built-in Remote ID or attach an FAA-accepted broadcast module (14 CFR Parts 47, 48, 89, 91).
5. Check airspace before every flight. Use B4UFLY, Aloft, or SkyVector. Request LAANC authorization if flying in controlled airspace near BNA, MEM, CHA, TYS, or other towered airports.
6. Review Tennessee privacy statutes before filming individuals or private property. TCA § 39-13-609 and § 39-13-610 carry criminal penalties.
7. Obtain site-specific permits before flying in Great Smoky Mountains National Park, Tennessee state parks, near TVA facilities, or over correctional facilities.

Key Contacts

TDOT Aeronautics Division Tennessee Department of Transportation, Aeronautics Division. Visit tn.gov/tdot for current contact information and guidance on state aviation matters.

FAA Atlanta FSDO The FAA Flight Standards District Office with jurisdiction over Tennessee is the Atlanta FSDO. Verify current jurisdiction and contact information at faa.gov/contact, as FSDO boundaries are subject to administrative change.

FAA DroneZone faa.gov/uas. Use this portal for drone registration, Part 107 waiver applications, and Remote ID compliance resources.

Tennessee Department of Environment and Conservation (TDEC) For state park drone permit inquiries: tn.gov/environment. Contact the specific park unit directly for site-level requirements.

Great Smoky Mountains National Park Permit Office For special use permits and commercial filming permits under 36 CFR § 5.5: nps.gov/grsm. Contact the park's permit coordinator directly for current processing times and fees.

Tennessee Wildlife Resources Agency (TWRA) TWRA manages wildlife management areas and may have drone restrictions relevant to hunting seasons or wildlife surveys. Consult twra.tn.gov before flying over TWRA-managed lands.

Tennessee Valley Authority For drone operations near TVA dams, power plants, or transmission infrastructure: tva.com. Contact TVA's land management or security office for site-specific authorization.

Local Municipalities For local ordinance questions and film or event permits:

• Nashville Metro: nashville.gov (Metro Planning and Metro Parks)
• Memphis: memphistn.gov
• Knoxville