New York Drone Laws: Where to Find the Official Rules
New York long had no comprehensive drone statute, but Penal Law Article 280 (added by 2026 budget legislation) now criminalizes operating a drone in a "nefarious manner" and flying without permission in "prohibited space" near airports, correctional facilities, first-responder stations, large gatherings, critical infrastructure, and schools. Drone spying can also fall under the older unlawful-surveillance felony. State parks require a written permit before any launch or landing, and DEC restricts drones on the lands it manages. There is no state preemption, so local governments add their own rules — most famously New York City, where taking off or landing anywhere not designated is a misdemeanor unless you use the 2023 NYPD permit system.
Can cities and counties in New York add their own drone rules?
Cities & counties may add their own rules
This state has no blanket preemption statute, so cities and counties can adopt their own drone ordinances — especially takeoff and landing rules in local parks. Always check the local code where you plan to fly.
Official New York sources
These links go directly to government and primary sources. They open in a new tab.
Official statute text
- N.Y. Penal Law Article 280 — offenses relating to unlawful use of a drone (§ 280.00 definitions, with the offenses in §§ 280.05–280.10) (official text) www.nysenate.gov (opens in a new tab)
- N.Y. Penal Law § 250.45 — unlawful surveillance in the second degree (class E felony; applies to drone-mounted imaging) (official text) www.nysenate.gov (opens in a new tab)
State agency
State parks
- OPRHP regulations, 9 NYCRR Subtitle I (PDF) — state-park permit requirement and 'regulated activities' rules covering aviation/drones parks.ny.gov (opens in a new tab)
- NYS Office of Parks, Recreation & Historic Preservation — guidance and policy page (hosts the UAS/drone guidance) parks.ny.gov (opens in a new tab)
Local rules we've verified in New York
This is not every local ordinance in the state — only localities where we've confirmed an official source. To check any other city or county, use the look-up workflow on the regulations hub .
- New York City — Admin Code § 10-126 NYC Administrative Code § 10-126 ("Avigation in and over the city") makes it a misdemeanor to take off or land any aircraft — drones included — anywhere in the city other than designated places. Since July 2023, the NYPD/DOT permit system (38 RCNY ch. 24, linked above) is the lawful path to launch or land a drone in the five boroughs. codelibrary.amlegal.com (opens in a new tab)
- Rockland County — County Code Chapter 234 (Drones) Rockland County has a dedicated county-level drone ordinance, Chapter 234 of its official code. ecode360.com (opens in a new tab)
- Town of Huntington (Suffolk County) — Town Code, Use of Unmanned Aircraft Systems Huntington's 2015 town code article requires a town permit before a drone may take off from, land on, or be piloted over town-owned property, with insurance requirements for commercial permits. ecode360.com (opens in a new tab)
What New York’s drone rules actually cover
- The new state drone crimes (Penal Law Article 280). Added by New York’s 2026 budget legislation, Article 280 makes it a crime to operate a drone in a “nefarious manner” — facilitating a crime, recklessly risking injury or property damage, or interfering with emergency or law-enforcement operations — or to fly without permission in “prohibited space,” which includes areas within 500 feet of airports, military installations, correctional facilities, police/fire/EMS stations, large public gatherings, critical infrastructure, and schools. Because this law is new, read the official text linked above for the current offense definitions and penalties before relying on any summary (including ours).
- Surveillance (Penal Law § 250.45). Using an imaging device — drone-mounted included — to secretly record someone where they have a reasonable expectation of privacy is a class E felony under New York’s unlawful-surveillance statute.
- State parks and DEC lands. OPRHP regulations treat aviation as a regulated activity: you need a written permit before launching, landing, or operating a drone in a New York state park, outside any designated areas. DEC separately restricts drone use on the lands it manages, and using a drone to harass wildlife can constitute unlawful “taking.”
- No warrant statute, no preemption. New York has no drone-specific warrant requirement for police and no statute preempting local drone rules.
Local rules — New York City especially
Local governments across New York actively regulate drones. The big one: NYC Administrative Code § 10-126 makes taking off or landing anywhere in the five boroughs other than designated places a misdemeanor. Since July 2023, NYC runs a takeoff/landing permit system through the NYPD (38 RCNY ch. 24) — apply through the NYPD permits page linked above. Outside the city, counties and towns (Rockland County, Huntington, and others) have their own ordinances — check the local code with the look-up workflow on the regulations hub.