What is Recreational drone rules (49 USC 44809)?
49 USC 44809 is the federal statute defining the rules for recreational (non-commercial) drone operation in the United States. It requires the TRUST test, follows FAA-recognized CBO guidelines, and limits flight to 400 ft AGL.
49 USC 44809 — formally called the 'Exception for Limited Recreational Operations of Unmanned Aircraft' — was enacted in October 2018 as part of the FAA Reauthorization Act, replacing the earlier Section 336 that had governed recreational drone use since 2012.
Key requirements: • Fly purely for recreational purposes (no compensation, even indirectly) • Pass the FAA TRUST test and carry the certificate • Register the drone if over 250 g • Comply with FAA-recognized Community Based Organization (CBO) safety guidelines (e.g., Academy of Model Aeronautics) • Stay within visual line of sight • Maximum 400 ft AGL • In controlled airspace, obtain authorization (LAANC or equivalent) • Do not interfere with manned aircraft • Yield right-of-way to all manned aircraft • Avoid TFRs • Broadcast Remote ID (when required)
Any compensation, even barter or content monetization, makes the operation commercial and triggers Part 107 instead.
What this means for pilots
Recreational rules are simple but absolute. The biggest gray area is monetization — if you post drone footage to a YouTube channel that earns ad revenue, the FAA position is that's commercial, requiring Part 107. Hobbyist content posted to a non-monetized account stays recreational.
FAQ
Can I sell drone photos taken recreationally?
If you took the photos with the intent to sell them, the FAA position is that the operation was commercial — you needed Part 107. Selling photos taken purely for personal enjoyment is a gray area that the FAA has not enforced consistently.
What's a CBO?
Community Based Organization — a group whose safety guidelines satisfy the recreational rules requirement. The Academy of Model Aeronautics (AMA) is the most-recognized CBO. The FAA also recognizes other organizations.
Recreational vs Part 107 — which is faster to start?
Recreational. TRUST takes ~30 minutes (free). Part 107 takes ~2 months of study plus a $175 exam.
Related terms
FAA regulations change. Verify current rules at faa.gov/uas before relying on this article for flight planning. Altoa is not the FAA.