28-1358. Unmanned aircraft; operation; requirements; penalties.

345 words·~2 min read·/ne/chapter-28/28-1358

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section:

(a)Restricted area means an area of airspace within the state that:

(i)The Federal Aviation Administration has determined to be a restricted area, either by way of a Notice to Airmen, Temporary Flight Restriction, No Drone Zone, or other means; or

(ii)Is classified as a Class B, C, or D airspace by the Federal Aviation Administration, as such classifications existed on January 1, 2026; and

(b)Unmanned aircraft means an aircraft, including an aircraft commonly known as a drone, which is operated without the possibility of direct human intervention from within or on the aircraft.

(2)Anyone who launches, operates, or causes to be launched or operated, any unmanned aircraft system within the state shall present, immediately upon request by any peace officer, a current certificate of aircraft registration issued by the Federal Aviation Administration or a registered identification number for the unmanned aircraft system.

(3)Except as provided in subsection

(4)of this section, no person shall launch, operate, or cause to be launched or operated, any unmanned aircraft system in any restricted area unless such person:

(a)Has received approval from the Federal Aviation Administration to operate an unmanned aircraft system in the restricted area and is complying with all terms and conditions of such approval; and

(b)Prior to such operation, the person has notified all state, county, and municipal law enforcement agencies with jurisdiction in the area that the person will be operating an unmanned aircraft in the restricted area and that such person has approval from the Federal Aviation Administration for such operation.

(4)Subsection

(3)of this section does not apply to commercial operation of an unmanned aircraft system when:

(a)The operator holds a remote pilot certificate from the Federal Aviation Administration under 14 C.F.R. part 107;

(b)The unmanned aircraft does not enter any restricted area described in subdivision (1)(a)(i) of this section; and

(c)The operator has received approval for such operation from the Federal Aviation Administration.

(5)A violation of this section is a Class III misdemeanor.