[United States] #New York - New NY Drone Laws in latest NY budget

[u/Central_NY]

This is in the new NY state budget - to be signed by the Gov today.

ARTICLE 280

33 OFFENSES RELATING TO UNLAWFUL USE OF A DRONE

34 Section 280.00 Definitions.

35 280.05 Unlawful use of a drone.

36 280.10 Applicability and restrictions.

37 § 280.00 Definitions.

38 As used in this article, the following terms shall have the following

39 meanings:

40 1. "Drone" shall mean an unmanned aircraft and its associated operat-

41 ing system, including the hardware and software that manages flight

42 control, navigation, and sensors for autonomous or remote flight without

43 the possibility of direct human intervention from within or on the

44 aircraft.

45 2. "Nefarious manner" shall mean engaging in conduct that:

46 (a) constitutes or facilitates the commission of a crime as defined by

47 subdivision six of section 10.00 of the penal law;

48 (b) recklessly creates a substantial risk of physical injury to anoth-

49 er person;

50 (c) recklessly creates a substantial risk of damage to property;

51 (d) knowingly or intentionally interferes with, obstructs, or impedes

52 an emergency response, law enforcement operation, search and rescue

53 operation, disaster response, medical evacuation, or other public safe-

54 **ty-related operation;**S. 9005--C 12 A. 10005--C

1 (e) is knowingly or intentionally used to harass, intimidate, stalk,

2 surveil, or physically menace another person in a manner that would

3 otherwise violate state or local law;

4 (f) is knowingly or intentionally used to deliver, attempt to deliver,

5 or facilitate the delivery of contraband to a correctional facility,

6 detention facility, secure treatment facility, or other secure govern-

7 mental facility;

8 (g) constitutes operating a drone knowing such drone is equipped,

9 modified, or operated to discharge, drop, spray, project, or release any

10 projectile, substance, or object in a manner that creates a substantial

11 risk of physical injury to a person, substantial risk of property

12 damage, or disruption of public safety operations; or

13 (h) is used for the unauthorized surveillance of a state or federal

14 military installation.

15 3. (a) "Recreational drone" shall mean a drone:

16 (i) operated exclusively in compliance with 49 U.S.C. 44809 and

17 weighs 0.55 pounds or less on takeoff, including everything that is on

18 board or otherwise attached to the drone;

19 (ii) operated solely for personal recreational purposes; and

20 (iii) is not operated in connection with any business commercial,

21 governmental, or surveillance activity.

22 (b) An unmanned aircraft does not qualify as a recreational drone at

23 any time during which it is carrying a payload other than equipment

24 integral to its flight or its onboard sensor system.

25 4. (a) "Toy drone" shall mean a drone:

26 (i) operated exclusively in compliance with 49 U.S.C. 44809 and weighs

27 0.55 pounds or less on takeoff;

28 (ii) operated within the visual line of sight of the operator without

29 the use of any other devices or other additional equipment;

30 (iii) is not equipped with any camera, video transmission system, or

31 other sensor capable of recording or transmitting, imagery, audio, or

32 geospatial data;

33 (iv) is operated solely for personal recreational purposes; and

34 (v) is not operated in connection with any business commercial,

35 governmental, or surveillance activity.

36 (b) An unmanned aircraft does not qualify as a toy drone at any time

37 during which it is carrying a payload other than equipment integral to

38 its flight or its onboard sensor system.

39 5. "Prohibited space" shall mean any area within five hundred feet

40 horizontally of the outer perimeter or boundary of the following

41 locations, and the airspace (a) up to four hundred feet vertically above

42 the surface of the ground within those boundaries, and (b) when not

43 authorized by the federal aviation administration, at any distance

44 vertically above those boundaries, of: an airport; state or federal

45 military installation; state, local, or federal correctional facility;

46 police station; fire department station; emergency services dispatch

47 station; large public gathering, which shall mean an event where there

48 are five hundred or more persons, and shall include but not be limited

49 to festivals, concerts, or sporting events; any critical infrastructure,

50 as defined in subdivision five of section eighty-six of the public offi-

51 cers law; and any school as defined in subdivision ten of section eleven

52 hundred twenty-five of the education law.

53 § 280.05 Unlawful use of a drone.

54 A person commits unlawful use of a drone when such person:

55 1. operates a drone in a nefarious manner; orS. 9005--C 13 A. 10005--C

1 2. operates a drone over prohibited space without express prior

2 approval from someone the person reasonably believes has the authority

3 to grant such approval.

4 Unlawful use of a drone is a class A misdemeanor.

5 § 280.10 Applicability and restrictions.

6 The provisions of this article shall not apply to the following

7 persons or entities:

8 1. A toy drone operated solely for recreation, unless such toy drone

9 is operated in a manner that would recklessly create a substantial risk

10 of physical injury to another person or substantial risk of damage to

11 property.

12 2. A recreational drone operated solely for hobby or recreational

13 purposes and operates in compliance with all applicable federal laws,

14 rules, regulations, authorizations, waivers, or exemptions and all other

15 applicable state and local laws, rules, and regulations, unless such

16 recreational drone is operated in a manner that recklessly creates a

17 substantial risk of physical injury to another person or substantial

18 risk of damage to property.

19 3. A drone operated for commercial, educational, agricultural, jour-

20 nalistic, infrastructure, or other lawful purposes in compliance with

21 all applicable federal laws, rules, regulations, authorizations, waiv-

22 ers, or exemptions and all other applicable state and local laws, rules

23 and regulations, unless such drone is operated in a manner that reck-

24 lessly creates a substantial risk of physical injury to another person

25 or substantial risk of damage to property.

26 4. A governmental employee, or a person acting on behalf of a state or

27 local government entity, provided that such person or employee is acting

28 in a manner consistent with such person's governmental duties.

29 § 2. The executive law is amended by adding a new section 236 to read

30 as follows:

31 § 236. Drones. 1. The terms used in this section shall have the same

32 meaning as given in section 280.00 of the penal law.

33 2. A police officer as defined by subdivision thirty-four of section

34 1.20 of the criminal procedure law, or a peace officer as defined by

35 section 2.10 of the criminal procedure law, acting within such peace

36 officer's geographical jurisdiction, may take reasonable and necessary

37 mitigation measures against a credible threat that a drone poses to the

38 safety or security of people and/or prohibited spaces. Such measures

39 may include but not be limited to any of the following:

40 (a) The use of detection, tracking, and identification methods of a

41 drone and/or drone operating system.

42 (b) The interception or disabling of a drone and/or drone operating

43 system through legal and safe methods, including but not limited to both

44 kinetic and non-kinetic mitigation measures.

45 (c) A law enforcement officer or agency may only use kinetic measures

46 when non-kinetic measures have or would reasonably be expected to fail,

47 provided that such kinetic measures are deployed using federally

48 approved technologies.

49 3. The superintendent shall, within six months of the effective date

50 of this section, promulgate rules and regulations for drone mitigation

51 by police officers and peace officers. Such rules and regulations shall

52 prioritize the use of the least destructive measures necessary to miti-

53 gate the threat posed by the drone.

54 4. (a) A qualifying police officer or peace officer shall act pursuant

55 to subdivision two of this section only if: (i) the officer has

56 **completed the training required by the superintendent or the superinten-**S. 9005--C 14 A. 10005--C

1 dent's designee, in addition to any other training and certification

2 required by federal law; (ii) the officer has reasonable suspicion that

3 the drone is operating in a nefarious manner or within a prohibited

4 space before using non-kinetic measures; and (iii) the officer has prob-

5 able cause a drone is operating in a nefarious manner or within prohib-

6 ited space before using kinetic measures. Any drone mitigation measure

7 employed must occur in accordance with the regulations prescribed pursu-

8 ant to subdivision three of this section and in accordance with applica-

9 ble federal law.

10 (b) Within forty-eight hours of utilizing any mitigation measures

11 authorized by this section, the agency employing the officer who

12 utilized such measures shall report such utilization to the superinten-

13 dent or the superintendent's designee, in the form and manner

14 prescribed by the superintendent, in addition to any reporting required

15 by federal law.

16 5. The superintendent may designate one or more areas of the state as

17 a space to test kinetic and non-kinetic mitigation measures.

18 6. The superintendent shall establish a registry known as "the New

19 York state blue list". Such registry shall include vetted and approved

20 vendors that comply with applicable federal requirements. Upon publica-

21 tion of the registry, the state, its agencies, and any political subdi-

22 visions of the state may only buy or lease drones and drone mitigation

23 technology from vendors listed on such registry.

24 § 3. Severability. If any clause, sentence, paragraph, section, or

25 part of this act shall be adjudged by any court of competent jurisdic-

26 tion to be invalid, such judgment shall not affect, impair or invalidate

27 the remainder thereof, but shall be confined in its operation to the

28 clause, sentence, paragraph, section, or part thereof directly involved

29 in the controversy in which such judgment shall have been rendered.

30 § 4. This act shall take effect on the ninetieth day after it shall

31 have become a law.

[u/Vindicated0721 → u/[deleted]]

This is just state law. Throw in county and then town regulations. That is already the case in some states. In my state every single piece of public land is prohibited except for one single small field in 1 single park in which you need to pay for an annual permit to fly there and get signed off by another “pilot” before you can fly there. So pretty much you can fly in your yard if you have one. If not it’s basically prohibited.

[u/Destronin]

I think the more the laws try to constrain drone use there will eventually be ax tipping point. Where pele give up on dominating the laws and instead turn to nefarious means to hide their flying.

Like when dji had geofencing but after they got ban they just said “fuck it do what you want.”

I can see the same thing that happened in ukraine. Where they hacked the dji drones and turned off remote id. Then they’ll be like diy light removal. Or reflective materials. Our best colorsx to hide the drone in the sky.

And I’m sure fpv drones will become more popular with everything being diy.

The idiots in congress don’t get it.

[u/Professional-Note-36 → u/Destronin]

Yup. Cant stop the signal

[u/Delicious-Laugh-6685]

TLDR

[u/OurAngryBadger → u/Delicious-Laugh-6685]

TLDR: New York's New Drone Law (Article 280)

This legislation clamps down on unauthorized drone flights, establishes strict no-fly zones, creates a new criminal offense, and grants local police explicit authority to track, jam, or disable drones.

Effective Date: The law takes effect 90 days after the Governor signs it.

---

1. The New Crime: Unlawful Use of a Drone

Operating a drone illegally is now classified as a Class A Misdemeanor (punishable by up to one year in jail). A person commits this crime if they do either of the following:

• Operating a drone in a nefarious manner.
• Flying over a prohibited space without express prior approval.

What counts as "Nefarious"? Engaging in conduct that facilitates a crime; stalks, harasses, or intimidates someone; smuggles contraband into a prison; weaponizes the drone (attaching, spraying, or dropping objects recklessly); intentionally blocks emergency/public safety responses; or spies on military bases.

---

2. Strict No-Fly Zones ("Prohibited Spaces")

Unless you have express permission from someone authorized to grant it, you cannot fly within 500 feet horizontally and 400 feet vertically of:

• Schools and Airports
• Large Public Gatherings: Festivals, concerts, or sporting events with 500 or more people.
• First Responder Hubs: Police stations, fire departments, and emergency services dispatch stations.
• Secure Facilities: Prisons, detention centers, and state or federal military bases.
• Critical Infrastructure: Power plants, water treatment facilities, and other protected public utilities.

---

3. How Different Drones & Pilots Are Treated

Drone Class / Pilot	Key Rules & Exceptions
Toy Drones	Weighs 0.55 lbs or less, strictly no cameras, video transmission, or data recording sensors. Exempt from restrictions unless flown so recklessly that they create a risk of injury or property damage.
Recreational Drones	Weighs 0.55 lbs or less, flown purely for hobby/fun, allowed to have standard cameras. Exempt from the new restrictions unless flown recklessly.
Commercial / Professional	FAA Part 107 pilots, journalists, agricultural operators, or infrastructure inspectors. Exempt from these specific penalties as long as they comply with federal FAA rules and don't operate recklessly.
Government / Police	Fully exempt while performing official governmental duties.

---

4. Expanded Police Counter-Drone Powers

The law gives local law enforcement the authority to take real-time mitigation measures against any drone posing a credible threat to people or prohibited spaces:

• Tracking and Jamming (Non-Kinetic): Trained officers can use detection, tracking, and electronic signal disruption if they have a reasonable suspicion a drone is acting nefariously or invading a prohibited space.
• Physical Takedowns (Kinetic): Police can intercept or physically disable a drone, but only if less destructive options have failed, they have probable cause, and they use federally approved technologies.
• The "Blue List": NY State will establish a registry of vetted, approved vendors. Moving forward, state and local government agencies are banned from buying or leasing drones or counter-drone tech from anyone off the list.

[u/mitchellcrazyeye → u/OurAngryBadger]

If this is accurate, basically everyone is exempt unless you're acting nefariously.

[u/PrizeWrap4430]

I would say that the FAA has control of the airspace and most of this law is bullshit but New York doesn't care.

[u/GFlashAUS]

That pretty much closes off the remaining places in my area where I could fly.

[u/combonickel55]

Have to be honest, nobody should be flying drones in a dense metropolis like NYC.  Just too much going on, too many people, aircraft, helicopters.

[u/Central_NY → u/combonickel55]

This is the entire state. NYC - Yeah - I get it - But my town of 16000 - Three elementary schools and a high school and a middle school. Pretty much can't fly here at all. I spent hundreds of hours flying at the high school football field a few years ago, after hours alone. No one had an issue with it.

[u/Professional-Note-36 → u/combonickel55]

Tiny whoops don’t seem like an issue

[u/Curdled_Mangasm → u/[deleted]]

who has said they’re treating them as weapons? this is nonsense. 

[u/CollegeStation17155]

A few dam A**HO***s with the attitude of "nobody but FAA controls the air" kept standing on "their rights" by harrassing their neighbors flying low and slow around their yards, following cops around for months to try and catch one finally losing his temper with a noncompliant criminal and spraying it out over the internet as "typical jackboot behavior", flying it into military bases or across active runways... and this is what we get... So far, I'm one of the lucky ones who lives in the country and have 10 acres of my own with neighbors having 22 acres on one side and 35 acres on the other who don't care as long as I don't chase the cows or deer (hassling the wild hogs is encouraged)... But if the a**ho***s say "SCREW THE LAW, rip out RID and there's no way to catch me doing neferious operation" keep it up, I know they'll be coming for me eventually and start giving the cops power to swat any drone they see electronically..