New Mexico Recreational Drones (2026)

Key Facts

Federal rule: FAA Part 107 / 44809
Voyeurism: NMSA 30-9-20
Wildlife: NMSA 17-2-31
Registration: Drones over 0.55 lb

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 statutes layer narrow restrictions: NMSA 30-9-20 prohibits voyeurism, including using drones to capture private images; NMSA 17-2-31 makes harassment of wildlife by aircraft illegal, applied to drones during hunting seasons; and emergency rules prohibit unmanned aircraft over active wildfires under the Forestry Division's authority. Operations near State Capitol, prisons, or critical infrastructure may also be restricted by separate state and federal rules.

Violations & Penalties

Voyeurism is a misdemeanor; wildlife harassment carries fines and license loss; flying over wildfires may bring criminal interference charges.

Frequently Asked Questions

Can New Mexico cities ban drone flights?

Federal law preempts airspace regulation, but cities can restrict drone takeoff and landing on city property and limit use in parks.

Can I fly a drone to scout game in New Mexico?

No. Using drones to harass wildlife or aid in hunting is prohibited under state Game and Fish rules and can result in fines and license suspension.

New Mexico Recreational Drone Restrictions and FAA Preemption