New Mexico Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
New Mexico maintains a moderate regulatory posture with strong privacy and wildlife protections. The state enacted one of the country's first drone-specific surveillance laws (SB 556, 2013) requiring warrants for government drone surveillance and prohibiting private drone surveillance without consent. Wildlife protections comprehensively ban using drones to locate, harass, or aid in taking protected species. Commercial operations in state parks require explicit approval.
State Drone Laws
NMSA 1978, Chapter 30, Article 45 (Senate Bill 556)Freedom from Unwarranted Surveillance Act
Prohibits any person, state agency, law enforcement agency, or political subdivision from using a drone to gather evidence on private property where owners have reasonable expectation of privacy without a warrant. Also prohibits conducting drone surveillance of any person, property, farm, or agricultural operation without consent. Tiered penalties: first violation is petty misdemeanor (up to 6 months jail, $500 fine); use or dissemination of collected material is misdemeanor (up to 1 year, $1,000 fine); second or subsequent dissemination violation is fourth degree felony (up to 18 months prison, $5,000 fine). Mandatory forfeiture of all illegally captured images and data to aggrieved party.
NMSA 1978, Chapter 17 + N.M. Admin. Code 19.31.10.13Unlawful Use of Drones to Pursue or Harass Protected Wildlife
Prohibits pursuing, harassing, harrrying, driving, or rallying any protected species using a drone. Also prohibits using a drone to assist in locating or taking any protected species, or using a drone to spot wildlife and relay its location to anyone on the ground by any means of communication. Violations carry criminal sentencing and potential revocation of hunting licenses, certificates, or permits issued by State Game Commission. Director may exempt persons for management purposes.
Senate Bill 167 (Definition provision)Unmanned Aircraft Definition
Defines 'drone' as any device used or designed for navigation or flight in the air that is unmanned and guided remotely or by an onboard computer or onboard control system. Also referred to as unmanned aerial vehicle (UAV) or unmanned aerial vehicle systems (UAVS).
N.M. State Park Service Policy (EMNRD)Commercial Drone Operations Prohibition in State Parks
Commercial drone operations are specifically prohibited on all lands and waters administered by the State Park Service unless specifically approved in writing by the Assistant Director, State Park Service (EMNRD). Recreational drone use in most state parks defers to FAA rules but is prohibited at specific locations like Navajo Lake State Park. No general application form exists; approval must be obtained directly from State Park Service on case-by-case basis.
Local/Municipal Ordinances
Los Alamos County
countyDrone Flight Notification Requirement
Los Alamos County requires all drone operators to submit a Drone Flight Form through the county website before flying. This requirement is tied to proximity of Los Alamos National Laboratory, a Department of Energy and NNSA facility with restricted airspace.
Restrictions
Mandatory submission of Drone Flight Form prior to any drone operation in Los Alamos County
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Drone surveillance of persons, property, or farms without consent (first violation) | Petty Misdemeanor | Up to $500 | Up to 6 months | New Mexico State Police / Local Law Enforcement | NMSA Chapter 30, Article 45 (SB 556); mandatory forfeiture of all captured images and data |
| Use or dissemination of illegally captured drone material | Misdemeanor | Up to $1,000 | Up to 1 year | New Mexico State Police / Local Law Enforcement | NMSA Chapter 30, Article 45 (SB 556); mandatory forfeiture of all captured images and data |
| Second or subsequent dissemination of illegally captured drone material | Fourth Degree Felony | Up to $5,000 | Up to 18 months | New Mexico State Police / Local Law Enforcement | NMSA Chapter 30, Article 45 (SB 556); mandatory forfeiture of all captured images and data; enhanced penalty for repeat violation |
| Using drone to pursue, harass, or locate protected wildlife | Criminal offense (class determined by statute) | As determined by statute | As determined by statute | New Mexico Game Commission / State Police | NMSA Chapter 17 + N.M. Admin. Code 19.31.10.13; potential revocation of hunting licenses |
| Commercial drone operation in state parks without approval | Administrative violation | Denial of operation permit | None | EMNRD State Park Service | State Park Service policy; requires written approval from Assistant Director |
Drone surveillance of persons, property, or farms without consent (first violation)
NMSA Chapter 30, Article 45 (SB 556); mandatory forfeiture of all captured images and data
Use or dissemination of illegally captured drone material
NMSA Chapter 30, Article 45 (SB 556); mandatory forfeiture of all captured images and data
Second or subsequent dissemination of illegally captured drone material
NMSA Chapter 30, Article 45 (SB 556); mandatory forfeiture of all captured images and data; enhanced penalty for repeat violation
Using drone to pursue, harass, or locate protected wildlife
NMSA Chapter 17 + N.M. Admin. Code 19.31.10.13; potential revocation of hunting licenses
Commercial drone operation in state parks without approval
State Park Service policy; requires written approval from Assistant Director
Registration Requirements
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
New Mexico does not require state-level drone registration. All drones over 250 grams must be registered with the FAA ($5 for 3 years). Drones under 250 grams used recreationally are exempt from FAA registration but must still comply with all flight rules.
No state-level permit required for recreational flying. Commercial operators need FAA Part 107 certificate. Commercial flights in state parks require separate written approval from EMNRD Assistant Director. Los Alamos County requires Drone Flight Form submission before operations.
Not required by state or FAA, but recommended for commercial operations
Applicable Federal Regulations
Remote ID Compliance
Federal Remote ID requirement effective March 2024
All registered drones in New Mexico must be equipped with Remote ID capability or comply with alternative compliance methods. This is a federal requirement that applies nationwide and is enforced by the FAA.
Part 107 Commercial Operations
FAA Small UAS Rule (Part 107) applies in New Mexico
Commercial drone operators in New Mexico must obtain FAA Remote Pilot Certificate by passing the Part 107 knowledge test ($175 test fee). Certificate is valid for 24 months. Testing is available at PSI testing centers in Albuquerque, Santa Fe, Las Cruces, and other cities. The Albuquerque Flight Standards District Office (FSDO) handles local FAA matters.
Recreational Operations Exception
49 USC 44809 Recreational UAS Exception
Recreational flyers in New Mexico must pass the free TRUST (Recreational UAS Safety Test) before flying. Test is available online through FAA-approved test administrators. Pilots must maintain proof of passage. Recreational flights must remain within visual line of sight, at or below 400 feet AGL in uncontrolled airspace, and comply with all FAA safety guidelines.
Airspace Authorization
Controlled Airspace Authorization Requirements
Drone flights in controlled airspace (Class B, C, D, and surface Class E around airports) require FAA authorization. This applies to both recreational and commercial operators. Authorization is obtained through LAANC (near real-time) or manual 'further coordination' requests (Part 107 only). Recreational flights at or below designated UAS Facility Map altitudes can request near real-time LAANC authorization.
Night Operations
FAA Night Flying Rule
Both recreational and Part 107 pilots can conduct night operations if the drone is equipped with anti-collision lights visible for 3 statute miles. New Mexico does not impose additional state-level night flying restrictions beyond federal requirements. Airspace authorization is still required for night operations in controlled airspace under 400 feet.
Wildlife Interference
Federal and State Wildlife Protection
New Mexico's state wildlife drone restrictions (NMSA Chapter 17) are comprehensive and go beyond federal baseline. Federal regulations prohibit interfering with wildlife; New Mexico law specifically prohibits using drones to pursue, harass, locate, or relay position of protected species. Violations can result in criminal charges and hunting license revocation.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
New Mexico 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 726 airports nationwide. In New Mexico, LAANC is available at major airports including Albuquerque International Sunport (Class C airspace) and Santa Fe Regional Airport. Authorization can be obtained through FAA-approved UAS Service Suppliers including Airspace Link, AutoPylot, Avision, and UASidekick.
Major Airports
ABQ — Albuquerque International SunportSAF — Santa Fe Regional AirportLAS — Las Cruces International Airport
TFR Notice
White Sands National Park is strictly prohibited for drone operations due to both NPS ban and adjacent White Sands Missile Range military restricted airspace (ground level to unlimited altitude). Carlsbad Caverns National Park, Bandelier National Monument, and all other national parks prohibit drones (36 CFR 1.5). Navajo Lake State Park specifically prohibits drones and model aircraft. Gila Wilderness, Pecos Wilderness, and Aldo Leopold Wilderness prohibit motorized equipment including drones. Military airspace restrictions apply around Los Alamos area.
Recent Enforcement Actions & News
Chicoma Fire Drone Interference Incident
enforcementDuring Chicoma Fire burning in Santa Fe National Forest near Espanola, an unauthorized drone entered the fire's airspace, forcing suspension of airtanker operations. The fire ultimately burned 42 acres. A man was arrested and charged with endangerment and unlawful operation of an unmanned aircraft after aerial drone photographs of the fire were found on his website. Charges were later dismissed with possibility of refiling. This incident illustrates real enforcement of state and federal drone interference laws during critical operations.
Pending Legislation
SB 136Action Postponed Indefinitely (2026 Regular Session)Unlawful Use Of Unmanned Aircraft
Would create two new drone crimes: (1) unlawful use of unmanned aircraft—operating a drone to capture images of a person, private property, or critical infrastructure with intent to conduct surveillance (misdemeanor); (2) unlawful use near critical infrastructure—operating a drone that interferes with or makes contact with facilities including pipelines, power plants, prisons, military installations, and municipal airports (fourth degree felony, up to 18 months prison and/or $5,000 fine). Bill was driven by cartel drone activity along southern border and presentation by NM Organized Crime Commission showing video of cartel-operated drone tracking and dropping explosives on law enforcement convoy.
Last action: January 29, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| University of New Mexico (UNM) | UNM requires drone operators to coordinate with campus police and Safety & Risk Services for all drone flights on university property. University Stadium TFR applies during athletic events. Restrictions: Coordination with Safety & Risk Services required prior to any drone operations on campus. University Stadium TFR during athletic events. No flights over buildings or crowds without special approval. | Yes | Safety & Risk Services / Campus Police |
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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