Nebraska Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
Nebraska maintains a permissive regulatory stance toward drone operations, with no state-level registration, licensing, or insurance requirements beyond federal FAA rules. The state's primary drone regulations are narrowly focused: a privacy-trespass statute requiring specific intent to observe someone without consent, a wildlife harassment law applicable to drones, and a 2025 secure government drone procurement requirement. The lack of a comprehensive state UAS code and intent-based (rather than altitude-based) trespass provisions make Nebraska relatively straightforward for recreational and commercial pilots.
State Drone Laws
Neb. Rev. Stat. 28-521Second-Degree Criminal Trespass (Drone Observation)
Prohibits intentionally causing an unmanned aircraft to enter into, upon, or above another person's property with the intent to observe another person without consent in a place of solitude or seclusion. The statute defines unmanned aircraft to include drones operated without direct human intervention from within or on the aircraft. Amendment added drone language in 2022.
Neb. Rev. Stat. 28-311.08Unlawful Intrusion (Drone Surveillance of Private Areas)
Makes it a crime to knowingly intrude upon another person without consent in a place of solitude or seclusion, including by viewing or recording someone in a state of undress using an unmanned aircraft. Recording an image or video of another person's intimate area without consent is classified as a Class IV felony.
Neb. Rev. Stat. 37-509Unlawful Hunting or Harassment of Wildlife from Aircraft
Prohibits using any aircraft, including drones, to shoot at, attempt to shoot at, or harass any bird, fish, or other animal without a narrow permit. The Nebraska Game and Parks Commission explicitly applies this statute to drones and warns operators against flushing, chasing, or harassing migratory birds, particularly sandhill cranes, whooping cranes, eagles, and other listed species.
Neb. Rev. Stat. 73-1001 to 73-1005Secure Drone Purchasing Act (LB660)
Requires Nebraska state agencies to purchase only drones from the NDOT-maintained List of Secure Drones Authorized for Purchase, effective January 1, 2027. Drones must be cleared through the Defense Department's Blue UAS program, compliant with the FY2024 National Defense Authorization Act, or otherwise meet detailed cybersecurity standards. Counties and cities are directed to follow the same standard to the extent practicable. The law does not regulate private recreational or non-government commercial drone purchases.
Nebraska Pesticide Act (Neb. Rev. Stat. 2-2622 et seq.)Aerial Pesticide Application via Drone
Classifies drone-based pesticide application as aerial pesticide application, requiring the drone operator to hold a Nebraska pesticide applicator license with Category 12 (Aerial Pest Control) in addition to FAA Part 107 certification. The drone pilot is legally considered the applicator under state law.
Nebraska Admin. Code Title 163Nebraska Game and Parks Commission — Drone Operations in State Parks and Protected Areas
Nebraska Game and Parks Commission prohibits launching, landing, and operation of any aircraft (including drones) in state-owned or controlled parks, historical parks, state recreation areas, and recreation trails without prior written permission. A special-occasion permit may be granted upon application submitted at least 30 days before the intended flight.
Local/Municipal Ordinances
Omaha
cityOmaha Parks and Recreation — Drone Operations in City Parks
Omaha Parks and Recreation prohibits drones from taking off or landing in city parks or city rights-of-way unless the aircraft is a sub-250-gram recreational drone or the operator holds a permit.
Restrictions
Commercial drones and drones over 250 grams require a permit. No takeoff or landing in city parks or rights-of-way without permit. Corps of Engineers lakes (Glenn Cunningham, Standing Bear, Zorinsky) prohibit all aircraft takeoff and landing as federal property. Class C airspace over Omaha (OMA airport) requires LAANC authorization.
Lincoln
cityLincoln Municipal Code Chapter 4.28 — Unmanned Aircraft Systems
Lincoln Municipal Code includes dedicated provisions covering unmanned aircraft systems, including operating restrictions and requirements coordinated with FAA rules. The city operates a police drone program under a published general order. The Office of the Capitol Commission has separate UAV guidelines for flying near the State Capitol grounds.
Restrictions
Specific restrictions defined in municipal code; controlled airspace over Lincoln (LNK airport) requires LAANC authorization; Capitol grounds subject to additional UAV guidelines
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Drone trespass with intent to observe without consent (Neb. Rev. Stat. 28-521, baseline) | Class III Misdemeanor | Up to $500 | Up to 3 months | County Attorney / Local Law Enforcement | Requires proof of intent to observe in a place of solitude or seclusion; simple transient overflight is not criminal |
| Drone trespass with intent to observe, after defying owner's order to leave (Neb. Rev. Stat. 28-521, escalated) | Class II Misdemeanor | Up to $1,000 | Up to 6 months | County Attorney / Local Law Enforcement | Charge escalates if property owner personally communicates order to stop and operator continues |
| Unlawful intrusion on another person in place of solitude/seclusion by drone (Neb. Rev. Stat. 28-311.08) | Class I Misdemeanor (Class IV Felony on repeat offense) | Varies by classification | Up to 1 year (misdemeanor); potential felony sentence on second offense | County Attorney / Law Enforcement / State Patrol | Includes viewing or recording someone in a state of undress |
| Photographing or recording intimate area without consent by drone (Neb. Rev. Stat. 28-311.08(2)) | Class IV Felony | Varies by felony classification | Felony imprisonment | County Attorney / Law Enforcement / State Patrol | Distinct felony charge for recording intimate areas without consent |
| Using drone to harass or shoot wildlife (Neb. Rev. Stat. 37-509) | Class II Misdemeanor | Up to $1,000 | Up to 6 months | Nebraska Game and Parks Commission / Conservation Officers | Includes disturbing migratory birds, eagles, and federally listed species; enforced during migration seasons |
| Spray drone operations without proper Nebraska pesticide applicator license | Pesticide Act Violation (varies) | Administrative fines and potential criminal penalties | Potentially criminal | Nebraska Department of Agriculture | Requires Category 12 (Aerial Pest Control) license in addition to FAA Part 107 |
| Drone operations in state park without special-occasion permit (Nebraska Admin. Code Title 163) | Park Regulation Violation | Administrative penalty | Potentially criminal misdemeanor | Nebraska Game and Parks Commission | Permit must be applied for at least 30 days in advance |
| Drone takeoff or landing in NPS unit (Homestead, Scotts Bluff, Agate Fossil Beds, Niobrara NSR) | Federal Petty Offense | Up to $5,000 | Up to 6 months | National Park Service / Federal Prosecutors | NPS Policy Memorandum 14-05 / 36 CFR § 1.5 |
Drone trespass with intent to observe without consent (Neb. Rev. Stat. 28-521, baseline)
Requires proof of intent to observe in a place of solitude or seclusion; simple transient overflight is not criminal
Drone trespass with intent to observe, after defying owner's order to leave (Neb. Rev. Stat. 28-521, escalated)
Charge escalates if property owner personally communicates order to stop and operator continues
Unlawful intrusion on another person in place of solitude/seclusion by drone (Neb. Rev. Stat. 28-311.08)
Includes viewing or recording someone in a state of undress
Photographing or recording intimate area without consent by drone (Neb. Rev. Stat. 28-311.08(2))
Distinct felony charge for recording intimate areas without consent
Using drone to harass or shoot wildlife (Neb. Rev. Stat. 37-509)
Includes disturbing migratory birds, eagles, and federally listed species; enforced during migration seasons
Spray drone operations without proper Nebraska pesticide applicator license
Requires Category 12 (Aerial Pest Control) license in addition to FAA Part 107
Drone operations in state park without special-occasion permit (Nebraska Admin. Code Title 163)
Permit must be applied for at least 30 days in advance
Drone takeoff or landing in NPS unit (Homestead, Scotts Bluff, Agate Fossil Beds, Niobrara NSR)
NPS Policy Memorandum 14-05 / 36 CFR § 1.5
Registration, Fees & Taxes
Nebraska imposes state-level registration, licensing, insurance, or fee requirements
Commercial operators: budget for the state fees below before operating here. Federal FAA registration is still required separately.
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
Commercial License
Not Required
Sales Tax on Drones
Does Not Apply
- Other Fees
- Nebraska Pesticide Applicator License (Category 12 - Aerial Pest Control) — Varies by applicator credential typeRequired in addition to FAA Part 107 for any drone-based pesticide application. Pilot is legally considered the applicator under Nebraska law.
- Omaha City Parks Drone Permit — Contact Omaha Parks and Recreation for feeRequired for commercial drones or drones over 250g taking off or landing in Omaha city parks or rights-of-way. Recreational sub-250g drones exempt.
- Nebraska Game and Parks Commission Special-Occasion Permit — Varies (contact district office)Required for any drone flight in state parks, state historical parks, state recreation areas, or wildlife management areas. Apply at least 30 days in advance.
- Lincoln Municipal Permits (if applicable) — Contact City of Lincoln for specific feesLincoln Municipal Code Chapter 4.28 may impose local permitting requirements; specific fees depend on operation type and duration.
Nebraska has no state-level drone registration requirement. Federal FAA registration ($5 for 3 years) is required for any drone over 0.55 pounds. Recreational flyers must pass the free TRUST test; commercial operators must obtain FAA Part 107 Remote Pilot Certificate ($175 test fee). Spray drone operators must also hold a Nebraska Category 12 (Aerial Pest Control) pesticide applicator license. No state license, state registration fee, or insurance mandate applies.
State-level permit not required for general operations. Special-occasion permit required by Nebraska Game and Parks Commission for drone flights in state parks, state historical parks, state recreation areas, and wildlife management areas (must apply 30+ days ahead). City parks in Omaha and Lincoln may require local permits.
No state-level insurance mandate. Insurance is recommended but not required.
Applicable Federal Regulations
FAA Part 107 Commercial Operations
Commercial drone operations in Nebraska are governed by FAA Part 107 Small Unmanned Aircraft Systems Rule
All commercial drone work in Nebraska requires an FAA Remote Pilot Certificate ($175 test fee). No additional state-level commercial license is required beyond federal certification. The certificate is valid for 24 months before recurrent knowledge test renewal.
Recreational Drone Operations
Recreational flying is governed by the Exception for Limited Recreational Operations (49 USC 44809)
Recreational flyers must pass the free TRUST (Recreational UAS Safety Test) and carry proof when flying. Drones over 0.55 pounds must be registered with the FAA ($5 for 3 years). Altitude limited to 400 feet AGL unless in controlled airspace with LAANC approval.
Remote ID Requirements
Remote ID broadcasting has been mandatory since March 2024 for most operations
Standard Remote ID, broadcast modules, or operation within an FAA-Recognized Identification Area (FRIA) are accepted compliance methods.
Federal Aviation Airspace Management
Nebraska's airspace is under FAA jurisdiction
State and local governments cannot regulate airspace itself, only takeoff and landing on property they own. LAANC authorization is required in Class C airspace over Omaha (OMA) and controlled rings over Lincoln (LNK).
Bald and Golden Eagle Protection
Federal law prohibits disturbing eagles under the Bald and Golden Eagle Protection Act
Drones should not be flown near eagle nests or to observe eagles in Nebraska, where both species are present.
Endangered Species Act Protection
Federal law protects listed species in Nebraska
Whooping cranes, least terns, piping plovers, mountain plovers, and red knots are federally listed species found in Nebraska. Using drones to harass these species violates both federal and Nebraska state law.
Airborne Hunting Act
Federal law prohibits use of aircraft for hunting, enforced with state law harassment statute
Both federal Airborne Hunting Act and Neb. Rev. Stat. 37-509 prohibit using drones to harass or assist in hunting wildlife.
National Park Service Drone Ban
NPS Policy Memorandum 14-05 prohibits drone operations on all NPS units
Homestead National Historical Park, Scotts Bluff National Monument, Agate Fossil Beds National Monument, and Niobrara National Scenic River all prohibit drone operations per 36 CFR § 1.5.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
Nebraska has not enacted a drone-specific critical infrastructure statute as of this writing. Pilots remain subject to general state laws on trespass, voyeurism, privacy, and reckless endangerment, and to all federal regulations including FAA Part 107.
Read the federal preemption guide →Airspace & LAANC
LAANC Coverage
LAANC (Low Altitude Authorization and Notification Capability) is available at numerous airports in Nebraska. Class C airspace over Omaha (Eppley Airfield/OMA) and controlled airspace over Lincoln (Lincoln Airport/LNK) require LAANC authorization for drone operations below the applicable altitude ceiling. LAANC can be accessed through FAA-approved UAS Service Suppliers.
Major Airports
OMA — Eppley Airfield (Omaha) — Class C airspaceLNK — Lincoln Airport — Controlled airspaceGRI — North Platte Regional AirportLBF — North Platte Lee Bird Field
TFR Notice
Temporary Flight Restrictions (TFRs) are common in Nebraska during special events, military operations, and seasonal migration monitoring. Offutt Air Force Base (STRATCOM) near Bellevue maintains one of the strictest military no-fly zones in the Midwest with active drone detection and downing capability within 3 miles of the base and severe restrictions 3-5 miles out. Check B4UFLY or NOTAM before every flight.
Recent Enforcement Actions & News
Lincoln Prison Drone Delivery Attempt — Robert Kinser Sentenced
enforcementRobert M. Kinser of Lincoln used a DJI Phantom 4 to attempt delivery of marijuana and tobacco to Lincoln Correctional Center. The drone crashed outside the prison and was recovered by an inmate on work detail. Investigators extracted evidence from the drone's memory card. Kinser, with prior felony convictions for drug, assault, and weapons charges, pleaded no contest and was sentenced to 2 years in prison plus 18 months post-release supervision.
Pending Legislation
LR250Referred to Government, Military and Veterans Affairs Committee (May 19, 2025)Interim Study to Examine Whether Power Companies Should Be Exempt from the Secure Drone Purchasing Act
This study resolution would examine whether rural electric cooperatives, public power districts, and private power companies should be exempted from the Secure Drone Purchasing Act (LB660), which restricts government and government-directed purchases to approved drone models starting January 1, 2027. The study would evaluate operational and practical concerns for utility infrastructure inspection.
Last action: May 19, 2025
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| University of Nebraska-Lincoln | UNL requires all unmanned aircraft system (UAS) operations on university property to obtain prior approval from the Office of Risk Management. Memorial Stadium is subject to a temporary flight restriction during Husker football games and other athletic events. Restrictions: Risk Management approval required before any flight on campus. Memorial Stadium TFR strictly enforced during athletic events. No flights over campus buildings or East Campus area. | Yes | Office of Risk Management — risk@unl.edu — https://risk.unl.edu/ |
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.0). While we strive for accuracy, always verify critical information with official state sources.
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