Flying drones – officially called unmanned aircraft systems (UASs) – is an increasingly popular recreation in Nevada. However, you must abide by several federal, state, and municipal laws in order to avoid serious criminal and civil penalties.
In this article, our Las Vegas criminal defense attorneys discuss everything you need to know about flying drones recreationally in Nevada:
1. Federal Drone Laws
Federal regulations for flying a drone for personal enjoyment are found under 49 USC 44809, called “The Exception for Limited Recreational Operations of Unmanned Aircraft.” The rules include:
- Register with the FAA (Federal Aviation Authority). Your registration lasts three years and costs $5.
- Mark your drone’s exterior with the registration number, and carry proof of registration.
- Take “The Recreational UAS Safety Test (TRUST),” and carry with you proof of passing the test. The test is free, online, and you can take it an unlimited amount of times until you pass.
- Fly at or below 400 feet, and avoid and yield to other aircraft.
- Keep the drone within the visual line of sight of yourself or someone physically next to you and with whom you are in direct communication.1
National defense airspace
Perhaps the most important rule is that you do not fly your drone in national defense airspace. In Nevada, this includes:
- Nellis Air Force Base,
- Naval Air Station Fallon,
- Naval Aviation Warfighting Development Center,
- Creech Air Force Base,
- Tonopah Test Range, and
- The Nevada National Security Site.
Flying your drone in national defense airspace in violation of 49 U.S. Code 46307 carries:
- Up to 1 year in federal prison, and
- A fine of up to $250,000.2
For more information on where you can and cannot fly your drone in accordance with federal laws, use the FAA online tool Where Can I Fly?
Temporary flight restrictions
Temporary Flight Restrictions (TFRs) define certain areas of controlled airspace where air travel is limited because of a hazardous condition, such as a:
- Wildfire,
- Chemical spill, or
- Security-related event.
Flying a drone during one of these events in violation of 49 U.S. Code 46307 carries penalties of:
- Up to 1 year in federal prison, and
- A fine of up to $100,000 plus civil penalties.3
The FAA website maintains a list of temporary flight restrictions.
Drones in national parks
With few exceptions, flying drones is prohibited in national parks. In Nevada, this includes Great Basin and Death Valley.
Flying drones in a national park is a misdemeanor carrying up to:
- 6 months in jail and/or
- $5,000.4
Commercial flyers
Federal regulations for commercial purposes for flying drones are found under 14 CFR Part 107, called “The Small UAS Rule.” Note that you do not have to be paid to be considered a commercial drone flyer. Activities that count as commercial drone use include:
- Roof inspections
- Taking photos of property to list online
- Volunteering to take photos for a non-profit
To learn more about the requirements for commercially flying a drone – which includes becoming an FAA-certified drone pilot – visit the FAA’s website on Certificated Remote Pilots including Commercial Operators.5
If you are unsure whether you are a commercial or recreational flyer, use the FAA online tool What Kind of Drone Flyer Are You?
2. Nevada Drone Laws
Restricted airspace
NRS 493.109 makes it a misdemeanor crime to fly a drone either:
- within 5 miles of an airport without an FAA waiver or permission of the airport operator, or
- within a horizontal distance of 500 feet or a vertical distance of 250 feet from a “critical facility” without the written consent of the owner.
Examples of “critical facilities“ where you cannot fly drones include:
- Petroleum refineries,
- Chemical manufacturing plants,
- Oil pipelines,
- Water or waste treatment centers,
- Mines,
- Prisons and jails, and
- Power lines.
Misdemeanor penalties carry:
- Up to $1,000 in fines, and/or
- Up to 6 months in jail.6
You may also face additional criminal charges if your use of drones endangers persons, public safety or aircraft.
Weaponizing a drone
NRS 493.106 makes it a felony to use a drone as a weapon, such as by attaching an explosive to it. The penalties turn on whether the weapon was discharged or fired:
|
NRS 493.106 violation |
Nevada penalties |
| Weaponizing a drone, or flying a weaponized drone | Category D felony: 1 – 4 years in Nevada State Prison and up to $5,000 |
| Discharging the weapon on a drone | Category C felony: 1 – 5 years in prison and up to $10,0007 |
Drones in state parks
Flying drones is prohibited in Nevada state parks unless you have a special use permit or a park supervisor designates the area for drone use.8
Trespass by drone
NRS 493.103 makes it a civil offense to fly a drone over someone else’s property at a height of fewer than 250 feet. However, you are liable for “trespass by drone” only if:
- you have flown over the property at least once previously,
- the property owner or occupant gave you notice that they did not authorize the flight, and
- the drone was not in the process of taking off or landing.
If you are sued for trespass and lose, you may have to pay the owner or occupant:
- 3 times the actual damages for injury to the person or property; and
- Reasonable attorney’s fees and costs.9
Depending on the circumstances of your trespass case, you could also face criminal charges for:
- Peeping/peering/spying into a dwelling (NRS 200.603),
- Capturing the image of another person’s private area (NRS 200.604), and/or
- Unauthorized, surreptitious intrusion of privacy by listening device (NRS 200.650).
3. Las Vegas Drone Laws
Las Vegas Municipal Code 13.58.030 prohibits launching or landing drones on
- Any public street, highway or other public right-of-way, or
- Any parking lot which is provided for the use of the public.10
Therefore, be sure to launch and land your drones only on private property.
Drones in city and county parks
Las Vegas Municipal Code 13.36.020 prohibits “remote controlled airplanes” – which presumably includes drones – in city parks and their parking lots.11
However, you may fly drones in the following Las Vegas parks operated by Clark County:
- Bennett Airfield
- Clark County Shooting Complex
- Desert Breeze Park
- James Regional Park
- Lone Mountain Park
- Mountain’s Edge Regional Park
- Horseman Park
- Silver Bowl Park
However, if you want to operate drones designed for racing or maneuvers, you must secure a special use permit from the Parks and Recreation Department.12
Additional Resources
For more information, refer to the following:
- Federal Aviation Administration (FAA) – Information on federal laws about drone use.
- Nevada Department of Public Safety – Information about the state’s registry of UAVs operated by public agencies.
- City of Las Vegas – Live data on locations that carry a potential risk, advisories for local events or exigencies, and various flight planning tips.
- Las Vegas Metropolitan Police Department (LVMPD) – Information on drone safety and municipal laws and how the police department uses drones for law enforcement.
- Mount Charleston – Information on how and where to fly drones in the Spring Mountains.
- City of Henderson – Unmanned aircraft rules for city parks.
- City of Reno – News about drone laws and programs in Reno.
Legal References
- 49 U.S. Code 44809.
- 49 U.S. Code 46307. 49 U.S. Code 40103.
- Same.
- Unmanned Aircraft in the National Parks, National Park Service.
- 14 CFR Part 107.
- NRS 493.020. NRS 493.109. Note that the term “aircraft” comprises drones under Nevada law. Assembly Bill 239.
- NRS 493.106.
- FAQs, Nevada State Parks.
- NRS 493.103.
- Las Vegas Municipal Code 13.58.030.
- Las Vegas Municipal Code 13.36.020.
- General Rules, Clark County Parks and Recreation.
