A lawsuit filed in North Carolina claims that, under the First Amendment, surveyors cannot stop drone operators from selling photos taken from above and making maps.

Typically, a landowner contacts a surveyor to help establish a legal property line. However, what if you just want to see what your property looks like or create a visual map of your property or business as a tool to make decisions about new developments on your property or to determine what type of topography you have? A surveyor is not your only option. Now, you can hire a drone operator to take aerial images using commercial drone software to create orthomosaic maps and 3D images.

North Carolina’s  Board of Examiners for Engineers and Surveyors (the Board) may send a warning to drone operators warning them that certain photography might amount to surveying without a license, which could lead to criminal prosecution. Whether that’s practical (or legal) in the evolving drone industry is now up for debate.

Michael Jones, a photographer and videographer from North Carolina who began using drones to obtain images and video about five years ago, takes aerial images for many different client purposes, such as real estate,; property management and inspection,; and marketing. In 2018, he received a letter from the Board warning that his aerial imaging could be considered surveying without a license (even though he claims that he did not use his work to establish property lines and informed his clients that the images could not be used for legal purposes). However, a Board investigator told Jones that providing images with any metadata (such as GPS coordinates, elevation, or distance) or putting together several images to create a map of the land qualified as surveying and required a state-issued license. Jones ceased his work, worried that he could face criminal prosecution.

Now, in 2021, Jones has partnered with the Institute for Justice  in a lawsuit against the Board claiming that the images that Jones created for his clients were not being used for determination of legal boundaries, but only for informational purposes, and therefore, such creating and sharing of information is protected by the First Amendment. A copy of the complaint can be found here.

Perhaps drone operators and traditional surveyors should combine forces: drones could be a useful tool for surveyors, saving time, money, and physical work.

We’ll keep you updated on how the court rules on this one.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.