Usually no. FAA rules cap drones at 400 feet above ground level for both recreational and Part 107 flights. There are two legal ways above it, and both are for Part 107 (commercial) pilots: fly within 400 feet of a tall structure, up to 400 feet above its top, or get an FAA waiver. Recreational flyers have no exception: 400 feet above the ground is the limit.
Recreational flyers: 400 ft, no exceptions
The FAA's recreational rules set the upper limit in uncontrolled Class G airspace at 400 ft AGL. In controlled airspace near airports you need authorization, usually through LAANC, and the approved altitude is often lower than 400 ft.
There's no tower or building exception for hobby flying. If you're flying for fun, stay at or below 400 ft above the ground directly beneath the drone. See recreational drone rules.
Part 107: the structure exception
Under 14 CFR 107.51(b), a Part 107 drone can't fly higher than 400 ft AGL unless it:
- Is flown within a 400-foot radius of a structure, and
- Doesn't fly higher than 400 feet above the structure's immediate uppermost limit.
So inspecting a 600 ft cell tower, you could legally reach 1,000 ft AGL, as long as the drone stays within 400 ft of the tower. Step away from the tower and the limit drops back to 400 ft AGL.
The exception doesn't override airspace rules. Near an airport you still need authorization for the altitude you plan to fly.
Part 107: waivers
For anything else above 400 ft, Part 107 pilots can apply for a waiver of 107.51(b) through the FAA's waiver process. Approval depends on a safety case, and it isn't quick. See Part 107 waivers.
Measuring "400 feet above ground"
The limit is measured from the ground directly below the drone, not from your takeoff point. That matters in hills and mountains:
- Fly off a cliff or summit and the ground can drop away. At 100 ft above your takeoff point, you might be 600 ft above the valley floor.
- Fly up a slope and you can legally climb higher above takeoff because the ground rises with you.
DJI Fly shows altitude relative to the takeoff point, not the terrain below. Keep that in mind on a ridge.
What your DJI drone allows
DJI drones let you set a Max Altitude in DJI Fly, often well above 400 ft. That's a software setting, not a legal permission. In the US, set it to 120 m (about 394 ft) so the drone stops you before the limit.
| Drone | Max takeoff altitude (sea level) |
|---|---|
| Mini 4 Pro | 4,000 m (13,123 ft) |
| Mini 5 Pro | 6,000 m (19,685 ft) |
| Air 3S | 6,000 m (19,685 ft) |
Those figures are how high above sea level the drone can take off, not how high you may fly. In some areas DJI Fly also shows an altitude warning. See DJI altitude warning.
Why the limit exists
Crewed airplanes generally fly at least 500 ft above the ground away from congested areas, and helicopters, crop dusters and medical flights can be lower. The 400 ft cap gives a buffer. Fly with a visual observer near busy areas, and land if you hear a helicopter.
Quick answers
Can I fly higher in a national forest or over water? No, the same 400 ft AGL limit applies.
Can I fly higher with LAANC? No. LAANC grants access up to set grid altitudes, never above 400 ft.
What's the penalty? The FAA can bring civil penalties against recreational and Part 107 pilots, and Part 107 certificates can be suspended.
Rules current as of November 2026. This is general information, not legal advice.
Read Part 107 explained if you're flying for work, or check LAANC explained before flying near an airport.
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