Tempe, AZ Drone Rules: Commercial Drones (2026)
Key Facts
- Governing law
- A.R.S. § 13-3729, a state criminal statute
- Commercial purposes
- Use in return for financial compensation
- Event buffer
- 5,280 feet horizontally and above a ticketed event
- Event size trigger
- Outdoors, retractable roof, or 1,000+ attendee facility
- Subsections A and C
- Class 1 misdemeanor
- Critical facility offense
- Class 6 felony, class 5 on repeat
- FAA exemption
- Applies only while following the FAA authorization
Summary
Commercial drone flying in Tempe is governed by A.R.S. § 13-3729, which treats any paid or business flight as a civil unmanned aircraft operation. Flying within 5,280 feet of a ticketed entertainment event, interfering with first responders, or breaking FAA rules is a class 1 misdemeanor, and loitering near a critical facility to further a crime is a class 6 felony.
C. It is unlawful for a person to intentionally operate a civil unmanned aircraft within five thousand two hundred eighty feet of or within five thousand two hundred eighty feet above a ticketed entertainment event unless the person: ... E. This section does not: 1. Apply to a person or entity that is authorized or allowed by the federal aviation administration to operate or use an unmanned aircraft system if the person's or entity's operation or use complies with the authorization granted to the person or entity or with federal aviation administration rules. ... A violation of subsection A or C of this section is a class 1 misdemeanor. ... 1. "Civil unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a person for any purpose other than strictly for hobby or recreational purposes, including commercial purposes, or in furtherance of or incidental to any business or media service or agency. ... 2. "Commercial purposes" means the use of an unmanned aircraft in return for financial compensation and includes aerial photography, aerial mapping or geospatial imaging.
Full Breakdown
Arizona statute, not a Tempe code section, supplies the operative rule for commercial drone flights in Tempe. Section 13-3729 sorts every drone into one of two groups. A model aircraft is a hobby craft flown within the operator's visual line of sight. A civil unmanned aircraft is any unmanned aircraft or system operated for a purpose other than strictly hobby or recreation, including commercial purposes, or in furtherance of or incidental to any business or media service or agency. The statute defines commercial purposes as use in return for financial compensation and names aerial photography, aerial mapping and geospatial imaging. A paid real estate shoot over a Tempe neighborhood, a survey crew mapping a parcel and a news team filming from the air all fly civil unmanned aircraft.
Three flight rules bind those operators. Subsection A makes any operation unlawful if federal aeronautics law or FAA regulations prohibit it, or if it interferes with a law enforcement, firefighter or emergency services operation. Subsection B bars using a drone to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense; the list in subsection H covers refineries, water and wastewater treatment plants, substations, railroad infrastructure, courts, jails, public safety facilities and hospitals that receive air ambulance services. Subsection C creates a 5,280-foot buffer, measured horizontally and straight up, around a ticketed entertainment event. That means a music, sporting or performing arts event with gated entries or barriers, evidence of the right of entry issued by the owner, operator or lessee, and a setting that is outdoors, under a retractable roof, or in a facility holding at least 1,000 attendees.
The buffer has four exceptions: written consent from a person with legal authority over the event, an employee of the event property on official business, an employee of a public or regulated utility on official business, and an owner flying over their own private property. The owner exception closes to anyone flying commercially, because it excludes commercial purposes and recording for commercial broadcasting or publication.
Subsection E removes any person or entity authorized or allowed by the FAA from the whole section, but only while the flight complies with that authorization or FAA rules. Subsection E also exempts first responders and any city, town, county or state employee acting in an official capacity. Subsection D, the school-property rule, reaches only hobby and recreational flights.
Violations & Fines
Violating subsection A (federal rule breach or interference with emergency operations) or subsection C (flying inside the 5,280-foot event buffer) is a class 1 misdemeanor. Violating subsection B, the critical facility offense, is a class 6 felony, and a second or subsequent violation is a class 5 felony. Subsection D school-property flights by hobbyists are a class 3 misdemeanor. The section sets offense classes only: it prints no fine amount, no permit and no fee.
Frequently Asked Questions
Does a paid photo or mapping flight in Tempe count as commercial?
How close can a commercial drone fly to a ticketed event in Tempe?
Does an FAA authorization excuse a Tempe pilot from the Arizona statute?
Do Tempe city employees have to follow these limits?
Does this section still bar cities from regulating drones?
Sources & Official References
Other rules in Tempe
Compare Tempe to another location·View the Arizona drone rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Commercial Drones in Nearby Cities
How other cities in Maricopa County handle commercial drones.