Drone Photography Laws by State: What You Need to Know in 2026

A state-by-state overview of drone photography laws in the USA. Learn about FAA Part 107 rules, no-fly zones, and local regulations before your aerial shoot.

Federal vs. State Drone Law: Understanding the Difference

Drone photography in the United States is governed by a two-layer system: federal FAA regulations that apply nationwide, and state or local laws that add additional restrictions. Understanding both layers is essential before hiring a drone photographer or operating your own UAS (Unmanned Aircraft System).

FAA Part 107: The National Baseline

Any commercial drone operation — including photography for real estate, events, or business — must comply with FAA Part 107. Key rules include:

• Drone must weigh under 55 lbs
• Pilot must hold a Part 107 Remote Pilot Certificate
• Flights must occur below 400 feet AGL (above ground level)
• Flights must remain within visual line of sight
• No flights over moving vehicles, people, or at night without a waiver
• No flights in controlled airspace without prior FAA authorization (via LAANC)

All professional drone photographers on ProShoot.io are required to hold their FAA Part 107 certification. Always ask to see a copy before booking a drone shoot.

State-Specific Restrictions Worth Knowing

California: California is one of the most actively regulated states for drone use. AB 1680 and various privacy statutes restrict flying over private property without consent. Many HOA-governed neighborhoods in Los Angeles and the Bay Area have additional local ordinances. National Parks like Yosemite prohibit drone flights entirely.

Florida: Florida Statute 934.50 prohibits drones from being used for surveillance of persons or private property without consent. The law specifically targets voyeuristic or investigative use. For real estate or event photography conducted professionally and transparently, most operations are permissible. Miami-Dade and Broward counties have additional local restrictions near airports and populated areas.

Texas: Texas has passed drone privacy laws (HB 1424) that restrict photographing private property with the intent to surveil. Commercial aerial photography for real estate with property owner consent is generally permitted, but pilots must be aware of the patchwork of local ordinances in cities like Austin and Houston.

New York: New York City has some of the strictest urban airspace restrictions in the country. Most of Manhattan, Brooklyn, Queens, and the Bronx fall within Class B controlled airspace around JFK, LaGuardia, and Newark airports. Commercial drone flights in these areas require prior FAA authorization. Flying over NYC parks also requires a permit.

Nevada: Nevada's drone laws closely follow FAA Part 107. The Las Vegas Strip and surrounding resort areas include special flight restriction zones due to high-value venues and security concerns. Nevada also has privacy statutes that apply to drone surveillance.

Controlled Airspace and No-Fly Zones

Regardless of state, certain airspace is off-limits: within 5 miles of major airports without FAA authorization, near military installations, over wildfires or disaster response areas, and within Temporary Flight Restrictions (TFRs) issued for events like presidential movements. Use the FAA's B4UFLY app or AirMap to check airspace before any commercial drone shoot.

Hiring a Licensed Drone Photographer

The safest way to ensure your drone photography complies with all applicable laws is to hire a licensed Part 107 pilot. Professional drone photographers are trained to check airspace authorizations, file required notices, and carry appropriate liability insurance. On ProShoot.io, you can search specifically for licensed drone photographers in your area and review their credentials before booking.