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Drone Laws in Tennessee: Surveillance Rules, Penalties, and Where to Fly (2026)

Updated

By Paul Posea

Drone Laws in Tennessee: Surveillance Rules, Penalties, and Where to Fly (2026) - drone reviews and comparison

Drone Laws in Tennessee: Quick Overview

Tennessee Drone Regulations at a Glance
Registration
Required for drones over 250g (FAA). No state-level registration required.
License
Recreational: TRUST test (free). Commercial: FAA Part 107 ($175).
Max Altitude
400 feet AGL (FAA standard)
Key State Law
TCA 39-13-903: Unlawful drone surveillance, each image = separate offense
Privacy Law
TCA 39-13-901 through 905 (UAS surveillance statutes) + TCA 39-13-609 (Freedom from Unwarranted Surveillance Act)
State/National Parks
Great Smoky Mountains NP: no drones. Tennessee state parks: generally prohibited without permit.
Night Flying
Allowed with anti-collision lights visible for 3 statute miles (FAA rule)
Critical Infrastructure
Flying within 250 ft = Class E felony (TCA 39-13-905). Up to 6 years prison.
Max Penalty
Class E felony: 1 to 6 years in prison + $3,000 fine (critical infrastructure violations)
Authority
FAA (federal) + TDOT Aeronautics Division (state)
50Photos = 50 separate charges
6 yrsMax prison (critical infrastructure)
15+Exceptions for lawful drone use

Tennessee stands out because of its per-image offense model and the breadth of its surveillance statutes. Most states treat drone privacy violations as a single offense per flight. Tennessee counts every image separately, which can turn a single flight into dozens of charges. The state also carved out very specific bans for events, fireworks, and hunting that you won't find in most other states' drone laws.

Federal Drone Rules That Apply in Tennessee

Every FAA rule applies in Tennessee as the regulatory baseline. State laws add restrictions on top of these, but they cannot override or relax federal requirements.

Note: Federal rules are the floor, not the ceiling. Tennessee state law and local city ordinances can be stricter than the FAA, but they can never permit something the FAA prohibits.
RuleRequirementPenalty
RegistrationAll drones over 250g must be FAA-registered ($5 for 3 years)Up to $27,500 civil / $250,000 criminal
Remote IDRequired on all registered drones since March 2024Up to $27,500 civil
Recreational LicensePass the TRUST test (free, online, one-time)No direct penalty, but flying without is a violation
Commercial LicenseFAA Part 107 certificate ($175 test fee)Up to $32,666 per violation
Altitude400 feet AGL maximumCertificate action + civil penalty
Visual Line of SightMust maintain VLOS at all timesCertificate action + civil penalty
Night FlyingAllowed with anti-collision light visible for 3 statute milesCertificate action

For a full breakdown of federal costs, see our drone license cost guide. For airspace restrictions, check the drone no-fly zones guide.

Tennessee Drone Laws: What's Different From Federal Rules

Tennessee has built one of the more detailed state-level drone law frameworks in the country. The UAS surveillance statutes (TCA 39-13-901 through 905) specifically target image capture, critical infrastructure, events, and hunting. Here's what makes Tennessee different.

RestrictionStatutePenalty
Unlawful drone surveillance (capturing images without consent)TCA 39-13-903Class C misdemeanor: $50 fine, 30 days jail. Each image = separate offense.
Distributing unlawfully captured drone imagesTCA 39-13-903Class B misdemeanor: $500 fine, 6 months jail
Flying within 250 ft of critical infrastructureTCA 39-13-905Class E felony: 1-6 years prison, $3,000 fine
Surveilling hunters or fishers without consentTCA 39-13-903(c)Class C misdemeanor: $50 fine, 30 days jail
Flying over open-air events (100+ attendees) without consentTCA 39-13-903(d)Class C misdemeanor: $50 fine, 30 days jail
Flying in fireworks area during an eventTCA 39-13-903(e)Class C misdemeanor: $50 fine, 30 days jail

The per-image offense model

TCA 39-13-903 is the statute that sets Tennessee apart from nearly every other state. It makes each unlawfully captured image a separate criminal offense. A single flight where you take 50 surveillance photos could result in 50 individual misdemeanor charges. The $50 fine per image sounds modest until you multiply it across a memory card full of photos.

The surveillance statute applies when you use a drone to capture images of a person on private property without their consent, where the person has a reasonable expectation of privacy. It does not apply to every flight over private land. Flying over an empty field without a camera running would not trigger the statute.

Warning: Distributing unlawfully captured images escalates the charge from Class C to Class B misdemeanor. That raises the penalty from $50 to $500 per offense, plus up to 6 months in jail. Posting drone surveillance footage on social media could compound your charges significantly.

The 15+ lawful exceptions

TCA 39-13-902 lists more than 15 exceptions where drone image capture is lawful. These include higher education research, military operations, law enforcement with proper authorization, utility infrastructure inspection, real estate photography, mapping and surveying, and several more. If your use falls within one of these categories, the surveillance statutes do not apply.

Critical infrastructure felony

TCA 39-13-905 makes it a Class E felony to operate a drone within 250 feet of critical infrastructure. This includes power plants, water treatment facilities, oil refineries, and similar sites. A Class E felony in Tennessee carries 1 to 6 years in prison and a fine up to $3,000. This is the most severe drone-specific penalty in Tennessee and one of the harshest in the country.

Freedom from Unwarranted Surveillance Act

TCA 39-13-609 restricts law enforcement use of drones. Police in Tennessee generally need a warrant to conduct drone surveillance, with limited exceptions for emergencies, search and rescue, and border security. This means police drone overflights of your property without a warrant are restricted, giving Tennessee residents some protection that doesn't exist in every state.

For more on privacy law, see our drone spying laws guide and flying over private property guide.

Where You Can and Cannot Fly a Drone in Tennessee

Tennessee's mix of national parks, tourist destinations, and urban areas creates a patchwork of flight restrictions. The Great Smoky Mountains alone accounts for most tourist-area drone questions.

LocationStatusNotes
Great Smoky Mountains National ParkNo flyNPS policy bans all drone launches and landings. Most visited national park in the US.
Tennessee State ParksGenerally prohibitedMost state parks prohibit drones. Contact individual park for permit inquiries.
Nashville ParksPermit requiredRequires Parks Director approval before flying in any Nashville city park.
Gatlinburg / Pigeon ForgeRestrictedTourist-area restrictions near Great Smoky Mountains. Heavy enforcement during peak season.
Cherokee National ForestGenerally allowedNo launches in designated wilderness areas (e.g., Citico Creek, Big Frog).
Open-Air Events (100+ attendees)No fly without consentTCA 39-13-903(d). Covers concerts, festivals, sports events, fairs.
Fireworks EventsNo flyTCA 39-13-903(e). No drones in fireworks area during the event.
Near Airports (BNA, MEM, TYS)LAANC requiredNashville (BNA) and Memphis (MEM) are Class B. Knoxville (TYS) is Class C.
Critical InfrastructureNo fly within 250 ftTCA 39-13-905. Class E felony. Power plants, water facilities, refineries.
Hunting/Fishing AreasNo surveillanceTCA 39-13-903(c). Cannot surveil hunters or fishers without their consent.
Tip: The Great Smoky Mountains is the most visited national park in the US, with over 13 million visitors annually. If you're planning a trip to Gatlinburg or Pigeon Forge, leave the drone at the hotel unless you've confirmed a legal launch site outside park boundaries. Some areas along the Foothills Parkway (managed by NPS) are also off limits.

Nashville drone rules

Nashville requires Parks Director approval to fly in any city-owned park. The process is not a simple online form. You'll need to contact the Metro Nashville Parks and Recreation department and provide details about your planned flight, purpose, and insurance. Commercial shoots typically need additional film permits through the Nashville Film Office. Controlled airspace around Nashville International Airport (BNA) covers much of the metro area, so LAANC authorization is required for most flights.

Gatlinburg and the Smokies corridor

Gatlinburg, Pigeon Forge, and Sevierville sit right at the boundary of Great Smoky Mountains National Park. NPS strictly enforces the drone ban within the park, and local authorities in these tourist towns are also vigilant. During the 2016 Gatlinburg wildfires, TFRs grounded all aircraft (including drones) in the area, and any violations during active TFRs carry federal penalties on top of state charges.

For more on where to fly, see our guides on where you can fly a drone and drones in national parks.

Flying Drones Commercially in Tennessee

Commercial drone operations in Tennessee require the standard FAA Part 107 certificate plus awareness of the state's surveillance exceptions that protect legitimate business use.

Part 107 basics

The Part 107 test costs $175, covers 60 multiple-choice questions on airspace, weather, and regulations, and is valid for 24 months before requiring a recurrent test. Tennessee has PSI testing centers in Nashville, Memphis, Knoxville, Chattanooga, and several smaller cities. Most locations offer same-week availability.

State business requirements

Tennessee does not require a separate drone-specific business license. Standard business licensing applies: you need a state business license from the Tennessee Department of Revenue and a city business license where you operate. Tennessee has no state income tax on wages, which is a plus for drone business operators compared to states like California or New York.

Surveillance exceptions for commercial operators

TCA 39-13-902 provides more than 15 lawful exceptions to the surveillance statutes. Commercial operators should know which exceptions apply to their work:

  • Real estate photography and videography
  • Utility and infrastructure inspection
  • Mapping, surveying, and land assessment
  • Higher education and research institutions
  • Insurance claims and property damage assessment
  • Licensed private investigators
If your commercial work falls under one of the TCA 39-13-902 exceptions, the surveillance statutes (TCA 39-13-903) do not apply to you. However, you should document your authorization and purpose in case of questions from law enforcement.

Tennessee-specific opportunities

Tennessee's landscape and economy create several strong commercial drone markets:

  • Real estate photography in Nashville's booming housing market
  • Country music and entertainment event coverage (Nashville, Memphis)
  • Agricultural monitoring across the state's 67,000+ farms
  • Construction progress documentation (Nashville is one of the fastest-growing US cities)
  • TVA infrastructure inspection (Tennessee Valley Authority manages extensive power and water infrastructure)
  • Tourism and hospitality marketing for the Smokies region

For a full guide on getting started, see our how to start a drone business guide and drone pilot salary guide.

FAQ

Tennessee does not have a separate state drone registration. You need FAA registration for any drone over 250g ($5 for 3 years). Drones under 250g used recreationally are exempt from FAA registration but still must comply with all flight rules and Tennessee surveillance statutes.

Recreational pilots must pass the free TRUST test (online, one-time). Commercial pilots need an FAA Part 107 certificate ($175 test fee). Tennessee does not require any additional state-level pilot certification.

Under TCA 39-13-903, capturing images of a person on private property without consent, where they have a reasonable expectation of privacy, is a Class C misdemeanor. Each image counts as a separate offense ($50 fine, up to 30 days jail per image). Distributing those images escalates to a Class B misdemeanor ($500 fine, up to 6 months jail per image).

No. The National Park Service bans all drone launches and landings in Great Smoky Mountains National Park. This is the most visited national park in the US, and the ban is strictly enforced. You also cannot fly drones in portions of the Foothills Parkway managed by NPS.

Not without consent from the event organizer. TCA 39-13-903(d) specifically bans drone flights over open-air events with 100 or more attendees unless you have authorization. Violating this is a Class C misdemeanor ($50 fine, 30 days jail).

Flying within 250 feet of critical infrastructure (power plants, water treatment facilities, refineries) is a Class E felony under TCA 39-13-905. The penalty is 1 to 6 years in prison and a fine up to $3,000. This is the most severe drone-specific penalty in Tennessee.

Generally no. The Freedom from Unwarranted Surveillance Act (TCA 39-13-609) requires law enforcement to obtain a warrant before conducting drone surveillance in most cases. Exceptions exist for emergencies, search and rescue, and border security operations.

Only with prior approval from the Nashville Parks Director. You need to contact Metro Nashville Parks and Recreation with details about your flight plan, purpose, and insurance. Commercial shoots may also require a film permit through the Nashville Film Office.

No. TCA 39-13-903(e) specifically prohibits flying a drone in a fireworks area during a fireworks event. This applies to Fourth of July shows, New Year's Eve displays, and any organized fireworks event. Violation is a Class C misdemeanor.

Yes. TCA 39-13-902 lists more than 15 exceptions to the surveillance statutes, including real estate photography, utility inspection, mapping, surveying, higher education research, and licensed private investigation. If your work falls under one of these exceptions, the surveillance penalties in TCA 39-13-903 do not apply.

Paul Posea

Paul Posea

Author · Dronesgator

Paul Posea is the founder of Dronesgator and has been reviewing and comparing drones since 2015. With a Part 107 certification, 195 YouTube drone reviews, and published work on Digital Photography School, he combines hands-on flight testing with data-driven analysis to help pilots find the right drone.