In the United States, you can legally fly a drone up to 400 feet above ground level (AGL). That ceiling applies to recreational and commercial pilots alike, and it covers virtually every drone on the market because it governs any aircraft weighing under 55 pounds at takeoff. A few narrow exceptions let certified commercial pilots go higher, but for most flights, 400 feet is the hard limit.
What the 400-Foot Rule Actually Measures
The Federal Aviation Administration sets 400 feet AGL as the maximum drone altitude under two separate frameworks. Commercial operators fly under Part 107, which caps altitude at 400 feet AGL. Recreational operators fly under a separate federal statute that imposes the same 400-foot AGL limit in Class G (uncontrolled) airspace.1Office of the Law Revision Counsel. 49 USC 44809 – Exception for Limited Recreational Operations of Unmanned Aircraft The ceiling is the same either way.
AGL means the drone’s height from the ground directly beneath it, not from where you took off. Launch from a valley floor, fly over a ridge that rises 200 feet, and your legal altitude is measured from the top of that ridge. Fly 400 feet above the ridge and you could be 600 feet above your launch point while still inside the rule. This distinction catches pilots who watch only their controller’s altitude readout, which typically measures from takeoff.
The reason for the cap is separation from manned traffic. Federal regulations require airplanes to fly at least 500 feet above the surface over non-congested areas and at least 1,000 feet above the highest obstacle over cities, towns, and crowds.2eCFR. 14 CFR 91.119 – Minimum Safe Altitudes General The 400-foot drone ceiling leaves at least 100 feet of vertical buffer in rural areas and considerably more in populated zones.
Your Real Ceiling May Be Lower Near Airports
The 400-foot rule applies cleanly in Class G (uncontrolled) airspace, which covers most of the country away from airports and military installations.3Federal Aviation Administration. Recreational Flyers and Community-Based Organizations Overview Around airports, the airspace is controlled (Class B, C, D, or surface-level E), and flying there without FAA authorization is prohibited at any altitude.
The fastest route to authorization is LAANC (Low Altitude Authorization and Notification Capability), a system built into FAA-approved mobile apps that returns approvals in near real-time and is open to both Part 107 and recreational pilots.4Federal Aviation Administration. UAS Data Exchange (LAANC) LAANC checks UAS Facility Maps, which divide controlled airspace into a grid and assign each cell a preset ceiling. Near runways, that ceiling is often zero, meaning no flights at all. In other cells you might be cleared to 100 or 200 feet. The full 400 feet is rare close to an airport.
If you need to fly above the facility-map ceiling but still at or below 400 feet, LAANC accepts a “further coordination” request, which takes longer because a controller reviews it by hand.4Federal Aviation Administration. UAS Data Exchange (LAANC) For operations LAANC doesn’t handle, Part 107 pilots can submit a manual airspace authorization through FAA DroneZone. Those requests should be filed at least 60 days before the flight; less lead time risks denial.5Federal Aviation Administration. Part 107 Airspace Authorizations
When You Can Legally Go Above 400 Feet
Three situations allow a drone to exceed 400 feet AGL: the structure exception, an FAA waiver, and an in-flight emergency. The first two are open only to Part 107 pilots.
Inspecting Tall Structures
Part 107 lets a pilot exceed 400 feet AGL when inspecting or working near a tall structure, provided the drone stays within a 400-foot horizontal radius of that structure and climbs no more than 400 feet above its highest point.6eCFR. 14 CFR Part 107 – Small Unmanned Aircraft Systems Inspecting a 600-foot radio tower, for example, means the drone can reach 1,000 feet AGL as long as it stays within that lateral bubble. The exception exists for jobs like tower inspections, building surveys, and wind turbine maintenance.
Recreational pilots cannot use it. The recreational statute caps altitude at 400 feet AGL and contains no structure-based exception.1Office of the Law Revision Counsel. 49 USC 44809 – Exception for Limited Recreational Operations of Unmanned Aircraft
Altitude Waivers
Part 107 pilots who need higher altitude outside the structure exception can apply for an operational waiver. A waiver grants permission to deviate from specific Part 107 rules, including the altitude limit in section 107.51.7Federal Aviation Administration. Part 107 Waivers
Applications now go through the FAA’s Aviation Safety Hub rather than DroneZone, which still handles airspace authorizations. An operation in controlled airspace needs both: the waiver through Aviation Safety Hub and a separate airspace authorization through DroneZone.8Federal Aviation Administration. Request and Manage a Part 107 Operational Waiver
The application requires a detailed safety explanation identifying hazards (primarily the risk of collision with manned aircraft) and specific mitigations. Applications that don’t address operational hazards and propose risk mitigations will be denied for insufficient information.7Federal Aviation Administration. Part 107 Waivers Review is case by case, and approval is not guaranteed.
In-Flight Emergencies
A Part 107 pilot may deviate from any operating rule, including the altitude limit, during an in-flight emergency requiring immediate action to protect life or property. This is a reactive exception, not a planning tool. If the FAA requests it afterward, the pilot must file a written report explaining the deviation.9eCFR. 14 CFR 107.21 – In-Flight Emergency
What Happens if You Fly Too High
The FAA treats altitude violations seriously, particularly when they bring drones near manned aircraft. Consequences can be civil, criminal, or both.
Civil penalties for individual drone operators are set by federal statute with inflation adjustments. An individual or small business faces a maximum civil penalty of roughly $1,875 per violation under the general provision, with higher maximums, up to $17,062 per violation, for certain categories like registration and hazardous materials violations.10eCFR. 14 CFR Subpart H – Civil Monetary Penalty Inflation Adjustment Per-violation amounts stack when a single flight breaks multiple rules. In one enforcement case, the FAA proposed $32,700 against an operator who flew above 400 feet, lacked a pilot certificate, had no anti-collision lights, and flew so close to a sheriff’s helicopter that the pilot had to abandon a search operation.11Federal Aviation Administration. FAA Proposed $341,413 in Civil Penalties Against Drone Operators
Criminal penalties apply to knowing and willful violations. Federal law authorizes fines under Title 18 of the U.S. Code, with the maximum depending on whether the offense is classified as a misdemeanor or felony.12Office of the Law Revision Counsel. 49 USC 46316 – General Criminal Penalty When Specific Penalty Not Provided The FAA can also suspend or revoke a Part 107 Remote Pilot Certificate, ending a commercial operator’s ability to fly legally.11Federal Aviation Administration. FAA Proposed $341,413 in Civil Penalties Against Drone Operators
One more reporting rule sits alongside the penalties: any drone operation causing more than $500 in property damage (repair cost, or fair market value if the item is a total loss) triggers a mandatory safety report to the FAA, and failing to file that report is itself a violation.13eCFR. 14 CFR 107.9 – Safety Event Reporting