Skip to main content

Tempe, AZ Drone Rules: Commercial Drones (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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.

Source: Arizona ARS 13-3729 - Drone PreemptionView official code

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?
Yes. Section 13-3729 defines commercial purposes as use of an unmanned aircraft in return for financial compensation, and it lists aerial photography, aerial mapping and geospatial imaging by name. Separately, any flight in furtherance of or incidental to a business or media service or agency is a civil unmanned aircraft flight even when no one pays for that particular shot.
How close can a commercial drone fly to a ticketed event in Tempe?
Not within 5,280 feet of the event, and not within 5,280 feet above it, unless an exception applies. Written consent from a person with legal authority over the event is the exception open to commercial pilots. Utility employees and event property employees on official business are also excepted. Violating the buffer is a class 1 misdemeanor under subsection G.
Does an FAA authorization excuse a Tempe pilot from the Arizona statute?
Subsection E says the section does not apply to a person or entity authorized or allowed by the FAA to operate an unmanned aircraft system, but only if the operation complies with the authorization granted or with FAA rules. A flight outside the terms of the authorization loses that protection and falls back under subsections A through C.
Do Tempe city employees have to follow these limits?
Not while acting in an official capacity. Subsection E exempts operation of an unmanned aircraft, including a public unmanned aircraft, by a first responder or another city, town, county or state employee acting in that role. The same exemption covers emergency workers supporting authorized emergency management activities under title 26, chapter 2.
Does this section still bar cities from regulating drones?
The section heading still includes the words state preemption, but the body in subsections A through H contains no subsection addressed to cities, towns or counties. This page therefore describes only the statewide criminal rules that apply in Tempe and does not claim any limit on what the city itself can adopt.

Sources & Official References

Other rules in Tempe

All Tempe rules

Compare Tempe to another location·View the Arizona drone rules overview

Get notified when Commercial Drones in Tempe, AZ changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

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.

Mesa, AZ
Heavy Restrictions