Nevada drone laws: A guide for your community or building

What are Nevada drone laws?

A few key Nevada drone laws include:

• Drone trespassing rule for low flights over private property: If a drone is flown below 250 feet over property, a property owner or lawful occupant may have a trespass claim after at least one prior low flight and notice to the operator (NRS 493.103(1)).
   
• Airports and critical facilities buffer zones: It’s prohibited to operate a drone within 5 miles of an airport (with listed exceptions/authorizations) or within 500 feet horizontally/250 feet vertically of a “critical facility” without written consent (NRS 493.109).
   
• Reckless drone flights: Flying a drone carelessly, recklessly, or while intoxicated can be a crime (NRS 493.130).
   
• Limits on government drone use: Nevada restricts how public agencies can use drones and includes rules about information gathered in violation of those limits (NRS 493.115).

Note: Federal Aviation Administration (FAA) rules still apply even when Nevada HOA laws apply, and some local governments also have park or facility rules.
 

Can condos/HOAs ban drones entirely?

Generally, the board may ban drones for activity on HOA/condo property, especially takeoff, landing, and use from common areas. However, they typically cannot ban all drone flights in navigable airspace, which is mainly regulated by the FAA.
 

What condo/high-rise buildings and HOAs may regulate

While every building and community are different, there are a few general areas a board might regulate:

• Takeoff and landing locations: Restrict launches/landings from common elements (rooftops, decks, courtyards, pool areas, garages).
   
• Hours and nuisance controls: Set “quiet hours” rules for buzzing/noise and repeated flights near windows/balconies or during early morning and late evening hours.
   
• Privacy protections: Prohibit targeting unit interiors, balconies, patios, or secluded areas where people expect privacy.
   
• Amenity protection: Restrict flights over pools, playgrounds, pet areas, and crowded common areas where an accident could create safety concerns.
   
• Vendor/operator requirements: Require proof of insurance and an approved scope of work when the association hires drone services.
   
• Incident response: Establish a complaint process, documentation steps, and when the association will contact law enforcement or the FAA.

Before creating rules for your community, always consult qualified legal counsel. Learn more in our guide to resolving community conflict.
 

HOA rules vs. FAA authority

The FAA regulates aviation safety and the efficient use of U.S. airspace, and state/local rules can’t create their own “airspace rules” that conflict with FAA requirements.

That said, communities still have meaningful control over property-based rules, like where drones can take off/land and how residents use common areas.
 

Tips for board members

1. Don’t rely on your CC&Rs alone.

   Unfortunately, the rules stated in your CC&Rs can’t override FAA-controlled airspace rules or Nevada drone laws. Nevada's drone regulations were further clarified with the passage of AB 239 in 2015, which established state-level drone provisions that aligned with the broader federal aviation framework.
   
   That means that as much as you might like to pass rules prohibiting the use of drones in certain areas, a blanket prohibition on all drone flights is generally not a viable avenue for your association and may create unenforceable HOA rules.
    

2. Know when you can take action.

   Your association isn’t completely powerless; you just need to be aware of where exactly you have the right to act. For instance, Nevada drone laws say that if a drone is flown below 250 feet over property, a property owner or lawful occupant may have a trespass claim after at least one prior low flight and notice to the operator (NRS 493.103(1)).
   
   Your HOA may exercise its rights as a landowner as well, but you’ll need to be certain which areas of the community are association-owned. Certain parties are exempt from these prohibitions, specifically law enforcement, public agencies, and certain businesses or land surveyors operating within the statute’s conditions (NRS 493.103(2)(d)).
    

3. Understand FAA regulations.

   The FAA didn’t totally leave homeowners and associations in the lurch. Many common drone operations are governed by FAA rules, including Part 107 for non-recreational flights and 49 U.S.C. § 44809 for recreational flights.
   
   For example, someone using a drone for work generally must hold a remote pilot certificate or be under the direct supervision of someone who does. Recreational flyers must pass TRUST, the FAA’s online safety test, before flying. Additionally, an individual may operate only one drone at a time and cannot operate it recklessly. Get familiar with these rules, and if a drone operator on your association’s property violates them, it may be within your rights to act or report the issue to the appropriate authority. However, always consult with qualified legal counsel when considering drone rules for your community.
    

4. Put your policy in writing.

   Adopt a simple drone rule that covers where drones may take off and land, restricted common areas, quiet hours, privacy expectations, and how residents can report concerns to their HOA manager. A clear written policy helps the board respond consistently and avoids case-by-case confusion.
    

5. Stay on top of new developments.

   Drone use is an issue that continues to evolve, so it’s important to stay abreast of legislative developments. Partnering with a good HOA management company will help. They’re adept at monitoring ongoing legislation and communicating changes to Nevada homeowners’ associations.
   
   With responsible and respectful use, drone operation can be a harmless and rewarding hobby. But as a board member, you need to plan for potential misuses and have a policy in place that allows you to respond to it while complying with Nevada drone laws.
    

6. Keep an eye out for local rules.

   Drone laws are not always the same from one city to the next, so it is important to check local requirements before you fly or film. For example, Las Vegas drone laws state that commercial drone filming that launches or lands from city property or the public right-of-way, such as city streets or sidewalks, requires a city film permit.

About FirstService Residential

FirstService Residential supports Nevada communities with local expertise backed by national resources. Our teams help boards stay organized with governance support, recordkeeping systems, financial management, vendor coordination, resident communication, and 24/7 customer care.

We help boards apply consistent processes that align with their governing documents and Nevada law, so board members can stay focused on long-term community goals instead of day-to-day administration. Contact a member of our team today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.