Drone Laws by State 2026: The Complete US Regulatory Guide

30-second version: US drone law in 2026 is a two-layer system. The FAA controls federal airspace — altitude, registration, Remote ID, Part 107 commercial certification, BVLOS rules. States and localities control the ground — where you launch, what you photograph, which facilities are off-limits, and what privacy rules apply. About 11 states have preemption laws (Florida, Texas, Arizona, Georgia, North Carolina, Tennessee, Indiana, Kentucky, Louisiana, Michigan, South Carolina) that block cities and counties from adding their own rules; in the other 39 states, local ordinances apply on top of state law. Florida (most restrictive after October 2025 HB 1121) and California (privacy-focused, 350-ft ceiling for some uses) anchor the regulatory spectrum.
Best for: Drone operators planning travel or business across state lines, photographers and videographers working in multiple states, anyone confused by the layered federal/state/local rules.
You’ll get: The federal/state/local framework, which states preempt local rules vs which don’t, the most-cited state-specific rules (Florida, Texas, California, New York, Tennessee), and how to research the law in your specific state.
Skip if: You only fly recreationally in your home backyard. Daily AI fundamentals in our free Beginners in AI newsletter.

US drone law is more confusing than it needs to be because three different layers of government regulate different aspects of what you can do. The FAA owns the airspace. States own the ground — mostly. Cities and counties sometimes own additional rules on top — if their state lets them. Knowing which layer applies to your specific situation is what separates legal commercial operation from unintentional violation.

Here’s the practical 2026 framework.

How do the layers of drone law work?

Layer	Authority	What it controls
Federal (FAA)	Federal Aviation Administration under Title 14 CFR	Airspace classification, altitude, registration, Remote ID, Part 107 commercial certification, Part 108 BVLOS (when finalized), waivers, controlled-airspace authorization (LAANC)
Federal (other agencies)	NHTSA, FCC, DoD, FTC, NHTSA	Procurement restrictions (Section 889), FCC equipment authorizations, Department of Defense restricted areas, privacy-related federal rules
State law	State legislatures	Privacy, surveillance, photography over private property, critical infrastructure restrictions, hunting/wildlife rules, school-zone rules, prison restrictions
Preemption status	State-by-state	~11 states preempt local rules; the rest permit additional local ordinances
Local / municipal	Cities, counties, parks	Takeoff and landing locations, park rules, event permits (in non-preemption states)

The summary that operators internalize: FAA controls the airspace; states control the ground; cities sometimes add rules on top depending on the state. Federal rules apply uniformly across all 50 states. State and local rules vary substantially.

Which states have preemption laws?

Preemption laws reserve drone regulation exclusively for the state, blocking cities and counties from adding their own rules. As of 2026, the preemption states are:

• Arizona
• Florida
• Georgia
• Indiana
• Kentucky
• Louisiana
• Michigan
• North Carolina
• South Carolina
• Tennessee
• Texas

In a preemption state, the rules are the same statewide — what’s legal in Houston is legal in Austin and El Paso. In a non-preemption state (most notably California, New York, Colorado), city and county ordinances apply on top of state law. Operators working across multiple cities in non-preemption states must check local rules per location.

What are the major state-by-state highlights?

State	Preemption?	Notable rules
California	No	350-foot privacy ceiling in some interpretations; AB 856 restricts drone photography over private property without consent. Numerous city ordinances on top (LA, SF, San Diego).
Texas	Yes	Government Code Chapter 423 (Texas Privacy Act): drone photography over private property generally illegal unless one of 25+ statutory exceptions applies (commercial real estate, journalism, agriculture, etc.). Critical-infrastructure no-fly zones. Sports-venue restrictions. Upheld by Fifth Circuit 2023.
Florida	Yes	Most-restrictive framework. HB 1121 (October 2025) added: 500-ft horizontal / 400-ft vertical critical-infrastructure buffer; absolute ban over K-12 schools 24/7; felony-level penalties for violations. State and local agencies also banned from buying Chinese-made drones.
New York	No	New York City requires $150 NYPD permit for commercial drone operations. 2025 state laws added commercial-registration requirements and urban-flight restrictions.
Tennessee	Yes	Six major drone-specific laws with surveillance, critical-infrastructure, event, hunting, and prison restrictions. Penalties range from Class C misdemeanor to Class E felony. SB0776 introduced to ban Chinese drones for state law enforcement.
Arizona	Yes	Preempts local rules; relatively permissive state framework. Critical-infrastructure restrictions apply.
Georgia	Yes	Preempts local rules; surveillance and privacy restrictions in state code.
Illinois	No	Stalking and privacy laws applied to drone use; chicago has city-level rules. Bills proposed but not yet enacted on Chinese-drone restrictions for state agencies.
Colorado	No	State framework with privacy restrictions; cities (Denver, Boulder) add park and zone rules.
Washington	No	State surveillance and privacy laws; Seattle adds local park restrictions.
Mississippi, Arkansas, others	Varies	State and local agency procurement restrictions on Chinese-made drones (similar to Florida pattern, smaller fleets affected).

Florida is the strictest state — here’s why it matters

HB 1121, enacted in October 2025, made Florida the most-restrictive drone-regulation state in the country. Major provisions:

• Critical-infrastructure buffer: 500 feet horizontal / 400 feet vertical from designated critical-infrastructure facilities (power plants, refineries, water treatment, telecom hubs, government buildings).
• K-12 schools: Absolute ban on drone operations over all K-12 schools, all hours, including for journalism or educational purposes (with narrow law-enforcement exceptions).
• Felony-level penalties: Violations can be charged as third-degree felonies, not infractions. Substantial fines and possible jail time.
• Foreign-drone procurement ban (existing): State and local agencies cannot buy DJI or Autel; grounded an estimated $200M state fleet. See our Section 889 explainer.
• Privacy provisions: Florida Statute 934.50 governs drone surveillance and photography over private property.

For commercial operators in Florida: review the FAA rules first, the Florida statutes second, the local jurisdiction’s policies third (though preemption limits most local-level rule-making). The penalties for accidental violations are real and enforced.

How do these state laws affect commercial operators?

• Real-estate operators are largely protected under state-level commercial exceptions (Texas, Florida, others explicitly carve out real-estate photography). Check the specific state statute’s exception list.
• News and journalism typically have explicit exceptions to surveillance restrictions in state codes.
• Agricultural operators have exceptions in most state codes for routine crop monitoring and inspection.
• Inspection operators have exceptions tied to the contractual relationship with the asset owner.
• Federal contractors face additional Section 889 procurement restrictions on top of state rules.
• Public-safety / law-enforcement operators typically have explicit state-level exemptions but must follow agency-specific procurement rules.
• Insurance documentation typically falls under journalism or commercial-exception protections.

For specific commercial categories see Real Estate Drone Operators, Agricultural Drone Operators, and Inspection Drone Operators.

What about national parks?

The National Park Service has prohibited drone takeoff, landing, or operation from National Park Service land since 2014 through Director’s Order #14-13. This applies to every national park in the US — Yellowstone, Yosemite, Grand Canyon, Acadia, all of them. Limited research permits are available; recreational drone use is essentially banned.

National Forests (administered by the US Forest Service, a different agency) have varying rules — some districts permit drone use, others don’t. Check the specific Forest Service district before flying. Bureau of Land Management (BLM) lands generally permit recreational drone use outside wilderness areas.

What about airports and controlled airspace?

Controlled airspace around airports is FAA territory regardless of which state the airport is in. The mechanism:

• Class B, C, D airspace and surface E around airports: Requires FAA authorization to operate a drone.
• LAANC (Low Altitude Authorization and Notification Capability): Most routine cases (pre-approved altitudes near specific airports) are authorized instantly through the LAANC apps (Aloft, AirMap, others).
• Further coordination required: Altitudes above the LAANC ceiling or operations near unfamiliar airfields require manual authorization through the FAA DroneZone portal — allow 30+ days.
• Restricted areas: Military bases, certain national-security sites, certain political sites (presidential motorcade routes, certain VIP events) have temporary flight restrictions (TFRs) that prohibit drone operation regardless of state law.

For more on Part 107 commercial certification see our Part 107 guide.

What about events, stadiums, and large gatherings?

• Temporary Flight Restrictions (TFRs): The FAA imposes TFRs around major events (Super Bowl, presidential events, World Cup matches when held in the US). Flying inside a TFR can result in federal charges.
• 3-mile NFL/MLB stadium TFRs: Standing TFRs around major-league stadiums during games extending 3 nautical miles and up to 3,000 feet AGL.
• State stadium / venue restrictions: Texas, Florida, and others have additional state-level prohibitions around sports and entertainment venues that apply outside the FAA TFR window.
• Event-specific permits: Some events offer drone-photography credentialing through event organizers.

Always check the FAA B4UFLY app or LAANC providers before flying near events.

How do you research the law in your specific state?

1. Start with the FAA. Federal rules apply uniformly. Check faa.gov/uas and the B4UFLY app for airspace.
2. Check your state’s statute. Search “[your state] drone statute” or “[your state] unmanned aircraft law” on the state legislature website (FindLaw, Justia, or the state’s own legislative portal).
3. Identify preemption status. If your state preempts (Florida, Texas, Arizona, etc.), the state rules cover everything. If it doesn’t (California, New York, etc.), check local ordinances.
4. Check local ordinances for your specific city, county, and any public-park system.
5. Cross-reference for special cases. National parks, military bases, school zones, prison facilities, critical infrastructure all have layered restrictions.
6. For commercial work, check the exception list. Most state surveillance / privacy statutes have explicit commercial exceptions (real estate, journalism, agriculture, inspection). The exception list is what authorizes your specific work.

Industry-side aggregator sites like UAV Coach, Pilot Institute, FLY USI, Drone Launch Academy, and DroneLaws.us publish state-by-state guides updated regularly. Treat these as starting points; verify against the actual state statute before relying on them for commercial work.

FAQ

If state law conflicts with FAA rules, which wins?

FAA wins for airspace, altitude, registration, certification, and federal-airspace rules. States cannot override federal aviation regulation. But states can regulate the ground — takeoff and landing locations, what you do on the ground, what you photograph, and certain privacy rules — without conflicting with FAA authority. The two layers coexist for almost all commercial use.

Do I need different licenses for different states?

Part 107 federal certification covers commercial drone operation in all 50 states. Some states have additional requirements (state pesticide-applicator license for agricultural drone work, e.g.), but the FAA Part 107 is the federal commercial baseline. There is no state-issued drone pilot license that overrides Part 107.

Can I fly over private property?

Federal law doesn’t directly prohibit it (airspace is federal). State and local laws often do. Texas, California, Florida, Tennessee, and others have surveillance / privacy statutes that restrict drone photography over private property without owner consent, with exception lists for commercial work. Always check the specific state’s rules.

Can I fly in a state park?

Varies widely. Many state parks permit drone flying in designated areas; some prohibit it entirely. Check the specific park’s rules before flying. National parks (federal NPS) prohibit drone use almost entirely.

What about flying near schools?

Florida has an absolute ban over K-12 schools. Other states have varying rules. Even where no specific drone-near-schools rule exists, prudent operators avoid school overflight unless explicitly authorized.

How are these laws enforced?

Federal violations (FAA rules) are typically civil and result in fines or suspension of Part 107 certification. State violations can be civil or criminal depending on the statute — misdemeanors are common; Florida and Tennessee can charge as felonies. Most enforcement is reactive (complaint-driven) rather than proactive, but high-visibility events (sports stadium overflights, presidential motorcade incidents) get federal attention quickly.

Where can I check current state law updates?

State legislatures publish their bill trackers free online (e.g., flsenate.gov, capitol.texas.gov, leginfo.legislature.ca.gov). UAV Coach’s state-by-state tracker, Pilot Institute’s state guides, and DroneLaws.us aggregate updates. The FAA does not maintain a state-law tracker; you have to check state-side.

The bottom line

US drone law in 2026 is two-layer federal-and-state with optional local-ordinance complexity in 39 of 50 states. The FAA controls airspace; states control the ground; localities sometimes add rules on top. Florida is currently the most-restrictive state; California is the most-locally-fragmented; Texas and Arizona have preemption that simplifies operator planning.

For commercial operators planning multi-state work: Part 107 federal certification + Remote ID + state-specific exception research + local ordinance check (in non-preemption states) is the workflow. For travel and recreational use: TRUST + sub-250g drone + check airspace via the FAA B4UFLY app is the simpler path.

For broader context: Part 107 Certification Guide, Section 889 and the Chinese Drone Ban, BVLOS and Part 108 Explained, Best Commercial Drones 2026. Daily AI fundamentals in our free Beginners in AI newsletter.

Sources

• FAA, Unmanned Aircraft Systems regulatory hub — primary federal reference.
• FAA, Part 107 Small Unmanned Aircraft Systems — commercial-operations rules.
• FAA, B4UFLY airspace tool — the primary FAA tool for checking airspace before flying.
• National Park Service, Unmanned Aircraft in the National Parks — primary source for NPS Director’s Order #14-13 banning recreational drone use.
• Florida Senate, Florida Statute 934.50 (Surveillance by drone) — primary source for Florida drone privacy law.
• Texas Legislature, Texas Government Code Chapter 423 — primary source for the Texas Privacy Act drone provisions and exception list.
• California Legislative Information, leginfo.legislature.ca.gov — primary source for AB 856 and other California drone statutes.
• New York State Senate / NYC Office of Administrative Trials and Hearings — primary source for NY state and NYC permit rules.
• Tennessee General Assembly — capitol.tn.gov bill search — primary source for Tennessee drone statutes including SB0776.
• UAV Coach, Drone Laws by State and DroneLaws.us — industry aggregators that update regularly; use as starting points then verify against state statute.

You May Also Like

• Part 107 Certification Guide
• Section 889 and the Chinese Drone Ban
• BVLOS and Part 108 Explained
• Best Commercial Drones 2026
• Best Consumer Drones 2026