In 2026, the FAA maintains a strict 400-foot altitude limit for recreational drone pilots, and there is generally no provision for them to request a waiver for higher flight. However, commercial pilots licensed under Part 107 have more flexibility; they can legally fly above 400 feet if they are within 400 feet of a specific structure (such as a cell tower or building), allowing them to fly up to 400 feet above the top of that structure. For other high-altitude commercial needs, pilots must apply for a formal Part 107.51(b) waiver through the FAA's FAADroneZone portal. These waivers are notoriously difficult to obtain and require the pilot to provide a comprehensive safety plan demonstrating how they will mitigate risks to manned aircraft and avoid mid-air collisions. Flying above 400 feet without such a waiver can result in severe federal penalties, including the revocation of pilot certificates and significant fines reaching tens of thousands of dollars.