New York drone laws

For most of the drone era New York was the large state with no drone law. The Penal Law contained no drone article. Outside New York City, operators worked under federal rules plus general statutes on trespass, harassment and surveillance, while the real restrictions came from agencies and from the city — state parks permits, Forest Preserve rules, and an NYPD permit regime that made launching anywhere in the five boroughs a paperwork exercise.

That changed this year. Chapter 55 of the Laws of 2026, the public protection and general government budget bill, added a new Article 280 to the Penal Law creating the offense of unlawful use of a drone. It was signed on 27 May 2026 and takes effect on the ninetieth day after it became law, which falls on 25 August 2026. The provision most relevant to you is the exemption at Penal Law § 280.10(3), which lifts the whole article off drones operated for commercial, educational, agricultural, journalistic, infrastructure or other lawful purposes in compliance with federal and state law — unless flown recklessly. Because the article is brand new there is no case law and no settled enforcement practice, so read it conservatively.

State drone law changes frequently. This page was last checked on 25 August 2026; verify against the current statute before you fly.

What federal law settles before New York gets a say

The FAA holds exclusive authority over aviation safety and the efficient use of the navigable airspace. Its State and Local Regulation of Unmanned Aircraft Systems Fact Sheet (14 July 2023) sets the boundary: no state may set flight altitudes, prescribe flight paths, designate aerial routes, mandate geofencing, or impose a pilot license on top of Part 107.

Outside those fields states keep their police powers. The fact sheet lists privacy, voyeurism, harassment, trespass, reckless endangerment, criminal mischief, land use and zoning, emergency services, search and rescue, prison contraband, and photography of particular facilities as open to state regulation. States may also regulate where an aircraft takes off and lands and where the operator stands — precisely the theory New York City's rules rest on. A privacy-motivated ban on flight over an entire city would very likely be preempted for foreclosing reasonable use of the airspace; a permit requirement for take-off and landing is a ground regulation and stands on far firmer footing.

Commercial operators are more exposed to preemption than hobbyists, because the Airline Deregulation Act preempts state laws related to the prices, routes or services of an operator with economic authority to provide interstate transportation.

New York's drone-specific laws

Penal Law Article 280 — unlawful use of a drone. Section 280.05 makes it an offense to operate a drone in a "nefarious manner," or to operate a drone over "prohibited space" without express prior approval from someone the operator reasonably believes has authority to grant it. It is a class A misdemeanor.

"Nefarious manner" is defined in § 280.00(2). It covers conduct that constitutes or facilitates a crime; recklessly risks physical injury or property damage; knowingly interferes with an emergency response, law enforcement operation, search and rescue, disaster response or medical evacuation; harasses, intimidates, stalks, surveils or physically menaces a person unlawfully; delivers or facilitates contraband to a secure facility; discharges or releases a projectile or substance creating a risk of injury or property damage; or surveils a military installation without authorization.

"Prohibited space" in § 280.00(5) is drawn generously: any area within 500 feet horizontally of the outer perimeter of an airport, a state or federal military installation, a correctional facility, a police station, a fire station, an emergency services dispatch station, a gathering of 500 or more people, any critical infrastructure as defined by Public Officers Law § 86(5), and any school as defined by Education Law § 1125(10). It reaches the airspace up to 400 feet above the surface within those boundaries, and — where the FAA has not authorized the flight — at any height above them. That vertical element is worth flagging: flight altitude is one of the subjects the FAA fact sheet places in the exclusively federal field, and no court has yet tested § 280.00(5) against it. Article 280 is new enough that you should treat it as enforceable and plan around the ground you are near, not around a preemption argument you would have to litigate.

Penal Law § 280.10 — the exemptions. Four groups fall outside the article. Toy drones flown for recreation and recreational drones flown lawfully for hobby purposes are exempt unless flown so as to recklessly create a substantial risk of injury or property damage. Government employees acting within their duties are exempt. And subdivision (3) exempts a drone operated for commercial, educational, agricultural, journalistic, infrastructure or other lawful purposes in compliance with all applicable federal laws, rules, regulations, authorizations, waivers or exemptions and all other applicable state and local law — subject to the same recklessness proviso. Read that carefully. The exemption is conditioned on compliance with everything else. A missing LAANC authorization or an unpermitted take-off does not merely breach that rule; it can strip your Article 280 exemption and expose you to a class A misdemeanor.

Part D also added Executive Law § 236, which lets police and peace officers take reasonable and necessary mitigation measures against a credible drone threat, and directs the Superintendent to publish a vetted-vendor registry called the New York State Blue List. Once it is published, the state, its agencies and its political subdivisions may buy or lease drones and drone mitigation technology only from listed vendors. That is a procurement rule for government buyers, not a restriction on what you may own or fly.

Penal Law § 250.45 — unlawful surveillance in the second degree. Not drone-specific, but it is what a New York prosecutor reaches for in a voyeurism case: surreptitious use of an imaging device to record a person dressing, intimate parts, or a person where privacy is reasonably expected, for amusement, profit, sexual gratification, degradation or abuse. Class E felony.

No statewide preemption. this page found no New York statute barring localities from regulating drones, and Article 280 contains none. Local rules therefore stand, and in New York City they are the binding constraint on most jobs.

New York City — Administrative Code § 10-126 and 38 RCNY ch. 24. Section 10-126 governs where aircraft may take off and land in the city. In 2023 the NYPD adopted Chapter 24 of Title 38 of the Rules of the City of New York, establishing a permit process for drone take-off and landing and relying on Charter §§ 435 and 1043 and Administrative Code § 10-126. Under 38 RCNY § 24-02(a) a permit is required to take off or land a drone anywhere in the city. The exceptions in § 24-02(b) are narrow: areas designated by the Department of Parks and Recreation under Administrative Code § 18-146(c); public aircraft flown by a government agency under an FAA Certificate of Authorization; emergencies, including government or volunteer fire department response; and anything otherwise authorized under § 10-126. Applications require FAA authorization documents, registration, insurance and privacy policies.

Where you can and cannot take off

State parks and historic sites. Office of Parks, Recreation and Historic Preservation regulations at 9 NYCRR § 372.7 list activities requiring a permit. Subdivision (e) covers aviation — the voluntary introduction, launch, take-off or landing of any aircraft or other weight-carrying device designed for flight, other than in an emergency. Subdivision (j) covers the use or operation of toy or model rockets or aircraft. Subdivision (b) separately requires a permit for commercial activities, including taking photographs or moving pictures for commercial or publicity purposes. OPRHP issues UAS permits through the regional office for the park concerned; its sample UAS application states that it "must be submitted not less than 10 days prior to use date."

DEC-managed lands. The Department of Environmental Conservation prohibits both commercial and hobbyist drone use on Forest Preserve lands classified as Wilderness, Primitive, Primitive Bicycle Corridor and Canoe Area under 6 NYCRR § 196.8. Both hobbyist and commercial use are also barred at DEC's four environmental education centers, except for research or training under an approved temporary revocable permit, and at its four residential youth camps while children and staff are present. Where hobbyist flying is permitted, such as Wild Forest areas and State Forests, commercial operators need an approved temporary revocable permit under 6 NYCRR §§ 190.8 and 196.8. DEC treats a flight as commercial if the pilot is compensated or the flight furthers a business.

What still applies everywhere

None of this displaces Part 107: remote pilot certificate, registered aircraft, and the federal operating rules — 400 feet above ground level or within 400 feet of a structure, visual line of sight, three statute miles of flight visibility, cloud clearances of 500 feet below and 2,000 feet horizontally, and airspace authorization in controlled airspace. Begin with how to get a drone license, then LAANC authorization and the airspace classes. In New York the layers are now interlocked: § 280.10(3) makes your criminal exposure depend on staying federally compliant.

Frequently asked questions

Does New York now have a statewide drone law?

Yes, as of this year. Chapter 55 of the Laws of 2026 added Penal Law Article 280, creating the class A misdemeanor of unlawful use of a drone. It was signed 27 May 2026 and takes effect on the ninetieth day afterwards. Before that, New York had no general drone statute and relied on agency rules and local ordinances.

Am I exempt from Article 280 as a Part 107 pilot?

Probably, but conditionally. Penal Law § 280.10(3) exempts drones operated for commercial and other lawful purposes in compliance with all applicable federal, state and local law, rules and authorizations — unless operated so as to recklessly create a substantial risk of injury or property damage. The exemption depends on your compliance elsewhere, so it is not automatic.

Can I fly a drone in New York City?

Only with an NYPD permit for take-off and landing under 38 RCNY § 24-02, or from a location falling within its narrow exceptions. The application requires FAA authorization documentation, aircraft registration, proof of insurance and data privacy policies, and must be filed at least 30 days before the earliest proposed date — 14 days if every proposed operator held a permit within the previous 180 days that was not revoked.

What does "prohibited space" cover in New York?

Under Penal Law § 280.00(5), any area within 500 feet horizontally of an airport, military installation, correctional facility, police station, fire station, emergency dispatch station, gathering of 500 or more people, statutory critical infrastructure or school — plus airspace to 400 feet above, and at any height where the FAA has not authorized the flight.

Are drones allowed in New York state parks?

Not without a permit. 9 NYCRR § 372.7(e) and (j) make aircraft launch and landing and the operation of model aircraft permit activities on OPRHP land, and subdivision (b) separately requires a permit for commercial photography. Apply through the regional park office; the agency's sample form asks for at least ten days.

Return to the state drone law index, or work through the Part 107 practice test.

Sources

• FAA, State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet, 14 July 2023
• N.Y. Penal Law § 280.00, § 280.05 and § 280.10, New York State Senate
• N.Y. Senate Bill S9005-C (2025-2026), signed 27 May 2026 as ch. 55 of the Laws of 2026; Part D adds Penal Law art. 280 and Executive Law § 236
• N.Y. Penal Law § 250.45, unlawful surveillance in the second degree
• NYPD, Notice of Adoption of Final Rule adding 38 RCNY ch. 24 (unmanned aircraft take-off and landing permits, citing NYC Charter §§ 435 and 1043 and Administrative Code § 10-126)
• 9 NYCRR § 372.7, Activities requiring a permit (OPRHP) — rule text via Cornell LII; sample OPRHP UAS permit
• NYSDEC, Drone Use on DEC Managed Lands, citing 6 NYCRR §§ 190.8 and 196.8