Wisconsin
Wisconsin Drone Laws (2026): Privacy, Warrants & New Rules
Wisconsin criminalizes flying a drone to spy on someone, requires police to get a warrant before using one to gather evidence, and, as of April 2026, bans low flights over schools in session and utility infrastructure.
This guide is part of our Drone Laws by State series.
Jurisdiction scope: This article addresses Wisconsin state law governing drones: the civilian privacy offense in section 942.10, the law-enforcement warrant requirement in section 175.55, the hunter-harassment and weaponization statutes, the 2025 school and utility-facility rules, and the federal shoot-down prohibition. It does not address FAA registration, Remote ID, or Part 107 licensing, which apply the same way nationwide; see the Drone Laws by State hub for that baseline and how other states compare.
FAA airspace rules and Wisconsin conduct rules answer different questions
The FAA is the exclusive regulator of where a drone may fly nationally, through registration, Remote Pilot Certification under 14 CFR Part 107 for most non-hobby flights, and Remote ID broadcast requirements. Wisconsin has instead built one of the more layered state drone codes in the country on top of that federal baseline, covering what an operator does with the footage or data, when police need a warrant, and where a drone may not go at all. Five separate statutes now touch drones in Wisconsin: sections 942.10, 175.55, 29.083, 941.292, and the newly created 114.045. Together they place Wisconsin among the more privacy-protective states nationally on this topic.
Can your neighbor legally fly a drone over your house in Wisconsin?
Not to observe you. Wis. Stat. section 942.10 makes it a Class A misdemeanor, the most serious misdemeanor tier in Wisconsin, to use a drone with the intent to photograph, record, or otherwise observe another individual in a place or location where that individual has a reasonable expectation of privacy. A conviction carries up to nine months in jail and a $10,000 fine. The statute turns on intent to surveil, not on the mere fact that a drone crossed above the property; a drone incidentally passing overhead is not, by itself, a violation. The statute exempts law enforcement officers authorized to use a drone under section 175.55, discussed below, so an officer acting within that statute's rules is not separately liable under the general privacy offense.
Does Wisconsin police need a warrant to fly a drone over your property?
Generally yes. Wis. Stat. section 175.55(2) prohibits any Wisconsin law enforcement agency from using a drone to gather evidence or other information in a criminal investigation from a place where an individual has a reasonable expectation of privacy without first obtaining a search warrant under section 968.12. The statute carves out five exceptions: use in a public place, assisting an active search-and-rescue operation, locating an escaped prisoner, surveilling a location to execute an arrest warrant, and situations where an officer has reasonable suspicion that drone use is necessary to prevent imminent danger to a person or imminent destruction of evidence. Outside those five circumstances, evidence a Wisconsin agency gathers by drone from a place carrying a reasonable expectation of privacy requires a warrant to be lawfully obtained.
Drones and hunting: Wisconsin's harassment law
Wisconsin is one of a small number of states that names drones directly in its hunter-protection statute. Wis. Stat. section 29.083 bars interfering or attempting to interfere with lawful hunting, fishing, or trapping with intent to prevent the taking of a wild animal, listing specific prohibited acts such as disturbing a hunting blind, disturbing bait, or maintaining physical proximity to a hunter. Subsection (2)(a)8 extends that list to using a drone, defined by cross-reference to section 941.292(1), to conduct any of the same prohibited activities. The statute allows a civil action for an injunction and damages, including punitive damages and reimbursement of costs like license fees, travel, and guide expenses. A 2023 Seventh Circuit decision, Brown v. Kemp, struck down the neighboring clause at section 29.083(2)(a)7, covering photographing and maintaining proximity to a hunter, as facially unconstitutional under the First Amendment. The drone-specific clause at (2)(a)8 was not the provision the court invalidated, but the ruling shows this corner of Wisconsin law is still being tested.
Wisconsin's new 2026 school and utility no-fly rules
Two companion 2025 laws, Wisconsin Act 189 and Wisconsin Act 194, both took effect April 3, 2026, and together created Wis. Stat. section 114.045. The school-property rule bars operating a drone over property owned by a school, or on which a school is located, while the school is open for instruction or hosting a school-board-approved event, unless the school board or its designee authorizes the flight; a school board must respond to an authorization request within five business days. The utility-facility rule separately bars flying a drone at an altitude below 300 feet, or within 500 feet, of a parcel containing a water reclamation facility, gas or electric power plant, generating station, substation, telecommunications carrier plant, internet or cable service facility, public water system facility, or petroleum refinery.
| Restriction | Threshold | Exceptions | Penalty |
|---|---|---|---|
| School property (114.045(1m)) | No fly during instruction or approved events | School board authorization; limited law-enforcement purposes | Forfeiture up to $5,000 |
| Utility facilities (114.045(1e)) | Below 300 ft or within 500 ft of covered parcel | Facility owner/operator; local government; FAA-compliant commercial use | Forfeiture up to $5,000 |
Shooting down a drone in Wisconsin
Even where a drone is violating section 942.10's privacy rule or the new facility restrictions, Wisconsin law gives a resident no authority to shoot it down or otherwise disable it. 18 U.S.C. section 32, the Aircraft Sabotage Act, makes it a federal felony, punishable by up to twenty years in prison, to willfully damage, destroy, or disable an aircraft, and the FAA has classified drones as aircraft within the National Airspace System since 2012. That exposure applies even over the shooter's own property, because the FAA, not the landowner, controls the airspace. Separately, arming a drone in the first place is already a Class H felony in Wisconsin under section 941.292, regardless of who is on the receiving end.
Frequently asked questions
Disclaimer
This article provides general legal information about Wisconsin law governing drones, as verified on 2026-07-09. It does not constitute legal advice and does not create an attorney-client relationship. Readers should consult a lawyer licensed in Wisconsin for advice about a specific incident or dispute.
Related articles
Last updated: 2026-07-09. Statutes cited reflect their in-force version as of 2026-07-09.
Frequently Asked Questions
Is it illegal for a drone to fly over my house in Wisconsin?
Not automatically. Wis. Stat. section 942.10 only applies when the operator intends to photograph, record, or otherwise observe you in a place where you have a reasonable expectation of privacy. A drone simply passing overhead is not, by itself, a violation.
Does Wisconsin police need a warrant to use a drone?
Generally yes. Wis. Stat. section 175.55 requires a search warrant before a Wisconsin law enforcement agency can use a drone to gather evidence from a place where someone has a reasonable expectation of privacy, subject to five exceptions including active search-and-rescue and imminent-danger situations.
Can I fly a drone near my kid's school in Wisconsin?
Not while it is in session or hosting an approved event. Wis. Stat. section 114.045, effective April 3, 2026, bars drone flights over school property during instructional periods or approved events without the school board's authorization.
How close can a drone fly to a power plant in Wisconsin?
Not below 300 feet, or within 500 feet, of the parcel, under the utility-facility rule in Wis. Stat. section 114.045, effective April 3, 2026, unless the facility owner, a local government, or an FAA-compliant commercial operator is involved.
Is it illegal to use a drone while hunting in Wisconsin?
Using a drone to interfere with someone else's lawful hunting, fishing, or trapping is illegal under Wis. Stat. section 29.083(2)(a)8, which allows the affected hunter or angler to sue for an injunction and damages.
Can I arm my drone in Wisconsin?
No. Wis. Stat. section 941.292 makes possessing or using a weaponized drone a Class H felony, regardless of whether the weapon is discharged.
Can I shoot down a drone flying over my property in Wisconsin?
No Wisconsin law authorizes this, and doing so risks a federal felony charge under 18 U.S.C. section 32 for damaging an aircraft, since the FAA controls the airspace regardless of who owns the land below.
What happened in Brown v. Kemp?
The Seventh Circuit held in 2023 that the clause of Wisconsin's hunter-harassment law barring photographing and maintaining proximity to a hunter, Wis. Stat. section 29.083(2)(a)7, violated the First Amendment. The neighboring drone-specific clause at (2)(a)8 was not the provision the court struck down.
Sources and References
- Wis. Stat. section 942.10, use of a drone(docs.legis.wisconsin.gov).gov
- Wis. Stat. section 175.55, regulation of use of unmanned aerial vehicles by law enforcement agencies(docs.legis.wisconsin.gov).gov
- Wis. Stat. section 29.083, interference with hunting, fishing or trapping(docs.legis.wisconsin.gov).gov
- Wis. Stat. section 941.292, possession or use of a weaponized drone(docs.legis.wisconsin.gov).gov
- Wis. Stat. section 114.045, operation of a drone over school property and near certain facilities (2025 Wisconsin Act 189; 2025 Wisconsin Act 194)(docs.legis.wisconsin.gov).gov
- Brown v. Kemp, 86 F.4th 745 (7th Cir. 2023)(media.ca7.uscourts.gov).gov
- 18 U.S.C. section 32, Aircraft Sabotage Act (destruction of aircraft or aircraft facilities)(law.cornell.edu)