Brentwood, CA Drone Rules: Recreational Drones (2026)

California has one of the strongest drone-privacy statutes in the country. Civil Code section 1708.8 (amended in 2015 to cover drones) makes it a tort, called "constructive invasion of privacy," to use any device including a drone to capture visual images or audio recordings of a person engaged in a private or personal activity where they have a reasonable expectation of privacy. Civil penalties can include general damages, punitive damages up to three times compensatory damages, disgorgement of any profits, and a civil fine of 5,000 to 50,000 dollars. In addition, using a drone to loiter or hover near private property to photograph can constitute trespass under Penal Code 602 (the drone intruding into private airspace is treated as a trespass for this purpose under multiple court decisions) and criminal invasion of privacy under Penal Code 647(j) for recording in or through places where there is a reasonable expectation of privacy. Brentwood Police will investigate peeping and drone-harassment reports, and victims can also pursue restraining orders under Code of Civil Procedure 527.6 for harassment. Commercial operators must additionally comply with FAA Part 107 and the California drone commercial film guidelines. Drone operators should maintain at least 100 feet horizontal separation from private residences where feasible, avoid hovering over private yards, and never record into windows. Real-estate photography with drones requires the property owner's consent and typically neighbor courtesy notifications.