What Massachusetts law says about drones
We searched the Massachusetts General Laws and the Legislature's bill pages on October 7, 2026, and found no statute that regulates private drone flying as a whole. The state's own drone work is run by the MassDOT Aeronautics Drone Operations Program, which uses drones for roads, bridges, rail and emergencies. That page describes MassDOT's own program and does not set rules for private pilots.
The Legislature has bills on the subject. H.4546, "An Act relative to unmanned aerial systems," was reported favorably by the Transportation Committee on October 2, 2025 and sent to House Ways and Means. As of our reading it is not law. In the text we read, it would add a section to chapter 90 that: bars cities and towns from regulating drone operation beyond what the FAA or state law allows; makes it a violation to fly against an FAA rule, with a fine of up to $100; bars armed drones; and bars flying to watch a person on their private property without consent, though it says "legitimate commercial purposes" would not count as a privacy violation. Bills change, so check the bill page for the current status.
The bill list also shows other 2025-2026 drone bills, including H.1688 and S.1734 on privacy and surveillance. We did not read those, and we found no sign that any drone bill had become law.
The FAA runs the airspace
Where a drone may fly, how high and who may fly it for pay are federal questions. They come from 14 CFR Part 107 and related FAA rules. See the airspace guide for Logan and the Part 107 guide for the certificate.
A federal court in Massachusetts has said towns cannot take that over. In Singer v. City of Newton (D. Mass. 2017, No. 17-10071), the court found four parts of Newton's drone ordinance preempted by federal law: a city registration requirement, a ban on flying below 400 feet over private property without the owner's permission, a ban on flying over city and school property without city permission, and a line-of-sight requirement. The Harvard Law Review summary adds that the court noted privacy and trespass are areas traditionally left to the states. We read a law review note, not the full opinion.
In plain terms: a town cannot easily write its own flight rules, but state law on privacy and trespass still applies.
Privacy, trespass and recording
Trespass. Under M.G.L. c. 266, s. 120, a person who enters or stays on someone's improved or enclosed land after being forbidden can be fined up to $100 or jailed up to 30 days. That is about the person. Take-off and landing from a neighbor's yard needs the neighbor's permission. We did not find a Massachusetts case that decides whether a drone overhead counts as entering.
Secret recording. M.G.L. c. 272, s. 99 defines "interception" as secretly hearing or recording the contents of an oral communication without the prior authority of all parties. A camera drone that picks up conversations on audio can raise that issue. A pilot should turn audio off.
Privacy. H.4546 refers to the state right-of-privacy statute, chapter 214, section 1B. We could not open that section, so we do not describe it. The practical rule is simple: shoot your client's property and the surroundings, not people in their yards or windows.
For a listing, the pilot should avoid close shots of neighbors' homes and people. If a neighbor complains, a pilot who is polite and shows the paperwork usually settles it, and an FAA issue is separate from a state-law one.
State parks, town land and local rules
Some Massachusetts guides say the Department of Conservation and Recreation requires a Special Use Permit to take off, land or fly a drone on DCR property, which includes state parks, beaches and reservations. We could not verify that from a primary source. The 304 CMR 12.00 page we opened covers traffic and parking, and we found no drone language there. DCR issues permits for many activities; see the DCR permits page and ask DCR before you plan a flight from or over state land.
We did not verify any town or city drone ordinance for Melrose, Malden, Medford, Stoneham, Wakefield, Saugus, Lynn or Peabody, or for Boston or Cambridge. A town may still set rules for take-off and landing on its own parks, school grounds and beaches, so a pilot should ask the town about a shoot that touches public land. After Singer v. Newton, a rule that bans flight overhead is on weaker ground than a rule about using town property.
What a client should ask a pilot
- Are you FAA Part 107 certified, and can I see the certificate?
- Have you checked airspace and TFRs for my address?
- Do you carry liability insurance?
- Will you launch from my property only, or do you need a neighbor's or the town's land?
- Will you record audio? (Ask for video only.)
- Will you keep the drone off neighbors and people?
Home Options MA is not a law firm and this is not legal advice. For a specific dispute, ask a Massachusetts attorney.