Concord, CA Drone Rules: Recreational Drones (2026)
Key Facts
- Authority
- Civil Code §1708.8 — privacy invasion with aerial imaging
- Authority
- Penal Code §632 — no audio recording without consent
- Authority
- Penal Code §647(j) — video voyeurism
- Measurement
- Stalking flights may violate PC §646.9
- Measurement
- Concord PD handles harassment complaints
Summary
Drone-related privacy protections in California arise from Civil Code §1708.8 (physical and constructive invasion of privacy by drone), Penal Code §632 (audio eavesdropping), and Penal Code §647(j) (video voyeurism). Concord does not have a drone-specific privacy ordinance but enforces these state laws. Flights over private property at low altitude to capture images may create civil liability.
(a) A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person.
(b) A person is liable for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used.
(c) An assault or false imprisonment committed with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff is subject to subdivisions (d), (e), and (h).
Full Breakdown
While airspace operations are federally preempted, ground-oriented privacy and harassment laws apply fully to drone operators in Concord. 8 creates civil liability for "physical invasion of privacy" (knowingly entering the airspace above someone's land to capture images of them engaged in private activity) and "constructive invasion of privacy" (using a device to capture images of private activity the plaintiff had a reasonable expectation of privacy in). Statutory damages up to three times actual damages, plus punitive damages and injunctive relief, are available. California Penal Code §632 makes it a misdemeanor to record confidential oral communications without all-party consent, applicable if a drone captures audio.
Penal Code §647(j) criminalizes surreptitious video recording in places where the subject has a reasonable expectation of privacy (bedrooms, bathrooms, changing areas): drone-to-window voyeurism has been prosecuted under this statute. 29 data-breach rules may apply to stored drone imagery containing personal data. While Concord has not enacted a drone-specific privacy ordinance, its nuisance code (CMC Title 8) and disturbing-the-peace provisions can address repeated harassment flights. 9). Drone operators should maintain reasonable altitude and avoid fixed-position hover over private residences.
Frequently Asked Questions
Can my neighbor fly a drone over my Concord backyard?
Is it legal to shoot down a drone over my property?
Sources & Official References
Other rules in Concord
California rules heatmap·Compare Concord to another location·View the California drone rules overview
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Recreational Drones in Nearby Cities
How other cities in Contra Costa County handle recreational drones.