Tennessee Commercial Drone Laws (Beyond the FAA)

Federal 14 CFR part 107 is the national floor for commercial small UAS. Tennessee does not issue a separate state commercial drone license on top of an FAA remote pilot certificate. What it adds—and what operators miss when they stop at Part 107—are state criminal rules on unmanned-aircraft image capture, critical infrastructure, open-air venues, fireworks sites, correctional facilities, and hunter/fisher surveillance. Primary citations below are Tenn. Code Ann. § 39-13-902 and § 39-13-903 (Justia 2025 text, pull date 12 Oct 2026), plus § 70-4-302 in the Hunter Protection Act. TDOT’s UAS pages also remind operators that commercial work requires Part 107 and registration where applicable. This is a statute explainer, not legal advice. Confirm the current Tennessee Code and FAA rules before a job, and consult counsel when a flight sits over private property, a plant, a venue, or a jail.

For the state landing page, see Tennessee drone laws. For the business stack beyond the certificate, see software a commercial drone pilot actually needs.

Part 107 is the federal floor; Tennessee adds place- and privacy-based rules

A remote pilot certificate, aircraft registration where required, Remote ID, and airspace authorization remain the federal baseline. Tennessee commercial work still runs under Part 107 (or another FAA path that actually applies). See TDOT Aeronautics UAS materials for state agency reminders; they do not replace reading the Code.

What changes the Tennessee job file is not a state “drone license.” It is whether the flight captures images in ways § 39-13-903 restricts, whether it sits near critical infrastructure, an open-air ticketed venue, fireworks discharge/display sites, or a correctional facility, and whether wildlife/hunter rules in Title 70 apply.

Tenn. Code Ann. § 39-13-902: when image capture is lawful

Section 39-13-902 lists situations where capturing an image with an unmanned aircraft is lawful notwithstanding § 39-13-903. For commercial operators, the standout line is subdivision (a)(19): image capture is lawful as a part of a commercial service that has received FAA authorization to use unmanned aircraft, or an unmanned aircraft operating under FAA regulations for commercial use.

Other (a) exceptions that often matter on real jobs include mapping ((a)(4)), land surveying by a duly registered surveyor ((a)(5)), utility O&M and vegetation clearance ((a)(6)), consent of the owner/lawful occupant ((a)(7)), pipeline inspection without surveillance intent ((a)(15)), and photogrammetric mapping by a certified photogrammetrist ((a)(21)). Read the full list on the statute page—do not invent exceptions that are not in the text. Incidental images of people or things on private property during some lawful captures are handled under related sections (including references to § 39-13-905 in the mapping/surveying subdivisions).

Tenn. Code Ann. § 39-13-903: unlawful surveillance and restricted sites

Section 39-13-903 (Justia 2025 text, pull 12 Oct 2026) makes it an offense, subject to the § 39-13-902(a) exceptions, if a person:

1. Uses an unmanned aircraft to capture an image of an individual or privately owned real property in Tennessee with the intent to conduct surveillance on the individual or property ((a)(1));
2. Knowingly uses an image in a manner prohibited by § 39-13-902(b) ((a)(2));
3. Without venue owner/operator consent, intentionally captures an image of an individual or event at—or drops any item into—an open-air event venue where more than 100 individuals are gathered for a ticketed event ((a)(3));
4. Knowingly uses an unmanned aircraft within or over designated fireworks discharge, display, or fallout areas during an event as defined in § 68-104-202, without the event owner/operator’s consent ((a)(4));
5. Knowingly uses an unmanned aircraft over the grounds of a correctional facility ((a)(5)); or
6. Without the business operator’s written consent, knowingly uses an unmanned aircraft within 250 feet of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance of, gathering evidence or collecting information about, or photographically or electronically recording, critical infrastructure data ((a)(6)).

Critical infrastructure list ((a)(6)(B))

Under the Justia 2025 text, “critical infrastructure facility” includes electrical generation/transmission/distribution substations; petroleum refineries; manufacturing facilities using hazardous substances as defined in § 68-131-102; chemical or rubber manufacturing; petroleum or chemical storage; water or wastewater treatment; natural gas or propane storage/transmission/distribution infrastructure; railroad yards and facilities not open to the general public; and communication service facilities. Read the statutory list—do not invent facility types.

Commercial carve-out for critical infrastructure ((a)(6)(C))

Subdivision (a)(6) shall not prohibit an unmanned aircraft system from operating for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. That is a text-limited carve-out for lawful FAA-authorized commercial work—not permission to ignore owner rules, airspace, or other crimes. Keep FAA authorization and job records with the flight file when this carve-out matters.

Offense classes (no invented dollar fines)

Under § 39-13-903(b) as pulled 12 Oct 2026 from Justia’s 2025 compilation:

• Offenses under subdivisions (a)(1)–(5) are a Class C misdemeanor
• An offense under subdivision (a)(6) is a Class E felony

This article cites those class labels as the statute states them. It does not invent dollar fine amounts. § 39-13-903(c) also states a defense if the person destroyed the image as soon as they knew it was captured in violation and without disclosing, displaying, or distributing it to a third party.

Currency note: secondary summaries (including some city-rule digests) discuss 2026 Public Chapters that may renumber subdivisions or add venue-distance rules. Always confirm the current Tennessee Code Annotated text for the flight date—do not rely on a blog summary alone.

Tenn. Code Ann. § 70-4-302: hunter and fisher surveillance

Under the Hunter Protection Act, § 70-4-302(a)(6) makes it a Class C misdemeanor (among other listed acts) to use a drone with the intent to conduct video surveillance of private citizens who are lawfully hunting or fishing without obtaining the written consent of the persons being surveilled before conducting the surveillance. Definitions in § 70-4-301 tie “drone” to § 39-13-609. Commercial mapping near hunting leases or public lands during season should treat consent and purpose carefully—do not invent a “recovery exception” that is not in the text.

Practical takeaways for Tennessee commercial operators

1. There is no separate Tennessee commercial drone license beyond FAA Part 107 (and any other federal authorization that applies). TDOT materials point commercial operators to Part 107 and FAA registration.
2. Map the site type before launch. Private-property surveillance intent → § 39-13-903(a)(1) analysis against § 39-13-902 exceptions (including commercial (a)(19)). Plant/corridor/utility → critical infrastructure (a)(6) and the commercial FAA carve-out. Ticketed open-air venue → (a)(3). Fireworks sites → (a)(4). Jail/prison grounds → (a)(5).
3. Get written consent when the statute asks for it—especially critical infrastructure operator consent and hunter/fisher surveillance consent under Title 70.
4. Do not invent fines. Cite offense classes as the statute states them.
5. Keep Part 107 hygiene. Airspace authorization, Remote ID, and operational rules still apply nationwide.

Official / reliable sources (pull date 12 Oct 2026): § 39-13-902 (FindLaw), § 39-13-903 (Justia 2025), § 70-4-302, 14 CFR part 107 (eCFR), and TDOT UAS regulation pages. Confirm the current Tennessee Code before relying on any summary—including this one. This article is not legal advice.