New Mexico Statewide Rule
New Mexico Recreational Drone Restrictions and FAA Preemption
Key Facts
- Federal rule
- FAA Part 107 / 44809
- Voyeurism
- NMSA 30-9-20
- Wildlife/aircraft
- 19.31.10 NMAC (Game rules)
- Registration
- Drones over 0.55 lb
Summary
Recreational drone operation in New Mexico is governed primarily by FAA Part 107 and 49 USC 44809, with state laws restricting voyeurism, hunting interference, and use over critical infrastructure or wildfires.
It shall be unlawful to hunt for or to take, or assist in the hunting for or taking of, any protected species with the use of information regarding location of any protected species gained from the use of any drone at any time.
Full Breakdown
Federal law preempts most airspace regulation, so recreational drone pilots must follow FAA recreational rules, register drones over 0.55 pounds, and pass the TRUST exam. New Mexico layers narrow restrictions: NMSA 30-9-20 prohibits voyeurism, including using a drone to capture private images; and New Mexico Game Commission rules (19.31.10 NMAC) make it unlawful to use aircraft or drones to locate or harass protected wildlife or to relay an animal's location to hunters. Emergency rules also prohibit unmanned aircraft over active wildfires. Operations near the State Capitol, prisons, or critical infrastructure may be restricted by other state and federal rules.
Violations & Penalties
Voyeurism is a misdemeanor; using a drone to locate or harass protected wildlife violates Game Commission rules and can bring fines and license loss; flying over wildfires may bring criminal charges.
Frequently Asked Questions
Can New Mexico cities ban drone flights?
Can I fly a drone to scout game in New Mexico?
Sources
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