Brownsville's Relaxed Approach to Drone Rules: What's Allowed

If you live in Brownsville or are thinking about moving there, drone rules are one of those things you probably won't think about until they affect you directly. Brownsville has 2 specific rules on the books covering different aspects of drone rules, and some of them might surprise you.

Recreational Drones

Brownsville sets no recreational drone rules and cannot, because Texas Government Code section 423.009 preempts municipal drone regulation. Hobby pilots follow the FAA recreational exception, TRUST certification, and the state surveillance and no-fly provisions in Chapter 423.

Key details: City Park Drone Rule: None adopted. Preemption: Tex. Gov't Code § 423.009(b). FAA Requirement: TRUST test certificate. Registration Threshold: Over 0.55 pounds. Surveillance Offense: Class C misdemeanor.

Illegal surveillance imagery is a Class C misdemeanor, and possessing or distributing it is a Class B misdemeanor under Chapter 423. FAA violations bring separate federal civil penalties.

Brownsville is more permissive than most cities when it comes to recreational drones. That said, there are still limits.

Commercial Drones

Brownsville has no drone ordinance, and Texas Government Code section 423.009 bars the city from adopting one. Commercial operators answer to FAA Part 107 and to Texas Government Code Chapter 423, which the Fifth Circuit upheld in full.

Key details: City Drone Ordinance: None; preempted. Preemption Statute: Tex. Gov't Code § 423.009. Federal Rule: FAA Part 107 certificate required. Airport Airspace: FAA authorization required. Chapter 423 Status: Upheld, NPPA v. McCraw (5th Cir.).

Flying commercially without a Part 107 certificate exposes an operator to FAA civil penalties. Capturing images of private property with intent to surveil is a Class C misdemeanor under Chapter 423.

Brownsville is more permissive than most cities when it comes to commercial drones. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Brownsville gives residents more room on drone rules. 2 of the 2 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Brownsville's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.