New Mexico Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
New Mexico maintains a moderate regulatory posture on drone operations with early, aggressive privacy protections through the 2013 Freedom from Unwarranted Surveillance Act (SB 556), one of the country's first drone-specific privacy laws. The state also enforces comprehensive wildlife protection regulations and state park restrictions, with pending critical infrastructure legislation driven by cartel drone activity at the southern border.
State Drone Laws
NMSA Chapter 30, Article 45 (SB 556)Freedom from Unwarranted Surveillance Act
Prohibits any person, state agency, law enforcement agency, or political subdivision from using a drone to gather evidence on private property where owners have a reasonable expectation of privacy without a warrant. Also prohibits drone surveillance of any person, property, farm, or agricultural operation without consent. Mandatory forfeiture of all illegally captured images and data to the aggrieved party.
NMSA Chapter 17, N.M. Admin. Code 19.31.10.11 and 19.31.10.13Unlawful Use of Drones in Hunting and Wildlife Harassment
Prohibits using a drone to pursue, harass, harry, drive, or rally any protected species. Prohibits using a drone to assist in locating or taking any protected species. Prohibits using a drone to relay the location of protected wildlife to others by any means of communication. Applies to all protected species year-round across all lands in New Mexico, whether state, federal, or private.
Local/Municipal Ordinances
Los Alamos County
countyDrone Flight Notification Requirement
Los Alamos County requires all drone operators to submit a Drone Flight Form through the county website prior to conducting any drone flights.
Restrictions
Drone Flight Form submission required before flight. Requirement tied to proximity of Los Alamos National Laboratory (Department of Energy/NNSA facility with restricted airspace).
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Drone surveillance of persons, property, farms, or agricultural operations without consent (NMSA Chapter 30, Article 45, first violation) | Petty Misdemeanor | Up to $500 | Up to 6 months | New Mexico State Police / Local Law Enforcement | Mandatory forfeiture of all images, data, and information captured in violation to aggrieved party |
| Use or dissemination of illegally captured drone material (NMSA Chapter 30, Article 45) | Misdemeanor | Up to $1,000 | Up to 1 year | New Mexico State Police / Local Law Enforcement | Mandatory forfeiture of all images, data, and information |
| Repeat dissemination of illegally captured drone material (NMSA Chapter 30, Article 45, second or subsequent offense) | Fourth Degree Felony | Up to $5,000 | Up to 18 months | New Mexico State Police / Local Law Enforcement | Mandatory forfeiture of all images, data, and information. Most severe penalty tier. |
| Unlawful use of drone for hunting or wildlife harassment (NMSA Chapter 17) | Criminal violation | Varies | Varies by severity | New Mexico State Game Commission / Department of Game & Fish | May result in hunting license and permit revocation |
Drone surveillance of persons, property, farms, or agricultural operations without consent (NMSA Chapter 30, Article 45, first violation)
Mandatory forfeiture of all images, data, and information captured in violation to aggrieved party
Use or dissemination of illegally captured drone material (NMSA Chapter 30, Article 45)
Mandatory forfeiture of all images, data, and information
Repeat dissemination of illegally captured drone material (NMSA Chapter 30, Article 45, second or subsequent offense)
Mandatory forfeiture of all images, data, and information. Most severe penalty tier.
Unlawful use of drone for hunting or wildlife harassment (NMSA Chapter 17)
May result in hunting license and permit revocation
Registration Requirements
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
New Mexico does not require state-level drone registration. Only FAA registration is required for drones over 250 grams ($5 for 3 years).
No state permit required for recreational or commercial drone operations under FAA Part 107. Commercial drone use on all State Park Service lands is specifically prohibited without prior written approval from the Assistant Director, State Park Service (EMNRD). Los Alamos County requires submission of a Drone Flight Form before flying.
Not required but recommended for commercial operations
Applicable Federal Regulations
Part 107 Commercial Operations
Commercial drone operations in New Mexico require FAA Part 107 certification
Operators must pass the Part 107 knowledge test ($175) covering 60 multiple-choice questions on airspace, weather, and regulations. Certificate valid for 24 months. Testing centers available in Albuquerque, Santa Fe, Las Cruces, and other cities. Albuquerque's film office requires separate FAA approval in addition to Part 107 certification for commercial filming and media production.
Remote ID Requirements
All registered drones must broadcast Remote ID information
Mandatory for all registered drones since March 2024. Broadcasts drone identification and location information to FAA tracking systems.
Night Flying
Night flying allowed with anti-collision lights
Both recreational and Part 107 pilots can fly at night if the drone has anti-collision lights visible for 3 statute miles. New Mexico does not impose additional restrictions beyond federal requirements.
Visual Line of Sight
Must maintain VLOS at all times during operations
Required for both recreational and commercial operations. Recreational pilots may use a visual observer who must be physically next to pilot and in direct communication.
Altitude Restrictions
400 feet AGL maximum altitude
Standard FAA maximum altitude of 400 feet above ground level applies statewide throughout New Mexico.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
New Mexico has not enacted a drone-specific critical infrastructure statute as of this writing. Pilots remain subject to general state laws on trespass, voyeurism, privacy, and reckless endangerment, and to all federal regulations including FAA Part 107.
Read the federal preemption guide →Airspace & LAANC
LAANC Coverage
LAANC is available at 726 airports nationwide including Albuquerque International Sunport (Class C airspace). Real-time authorization available through FAA-approved UAS Service Suppliers for flights under 400 feet in controlled airspace. Pre-coordination requests available for flights above designated altitude ceilings.
Major Airports
ABQ — Albuquerque International SunportSAF — Santa Fe Regional AirportCVN — Cavern City Air Terminal (Carlsbad)
TFR Notice
White Sands National Park has military restricted airspace from ground level upward due to proximity to White Sands Missile Range — one of the most restricted airspaces in the country. Los Alamos County area has restricted airspace due to Los Alamos National Laboratory. Standard NPS drone bans apply at Carlsbad Caverns National Park and Bandelier National Monument. Navajo Lake State Park specifically prohibits drones and model aircraft.
Recent Enforcement Actions & News
Chicoma Fire Drone Interference
enforcementA drone entered the airspace of the Chicoma Fire burning in the Santa Fe National Forest (9 miles west of Española), forcing suspension of air tanker operations. The fire ultimately burned 42 acres. A man was arrested and charged with endangerment and unlawful operation of an unmanned aircraft after aerial drone photographs of the fire were found on his website. Charges were later dismissed with possibility of refiling. Multiple additional drone sightings reported during wildfire operations in Ruidoso area.
Pending Legislation
SB 136Action Postponed IndefinitelyUnlawful Use Of Unmanned Aircraft
Would create two new drone crimes: (1) Unlawful use of an unmanned aircraft—operating a drone to capture images of a person, private property, or critical infrastructure with intent to conduct surveillance (misdemeanor); (2) Unlawful use near critical infrastructure—operating a drone that interferes with or makes contact with facilities including pipelines, power plants, prisons, military installations, and municipal airports (fourth degree felony, up to 18 months prison). Bill was driven by cartel drone activity at the southern border, including video of cartel-operated drones tracking and dropping explosives on law enforcement convoys.
Last action: January 29, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| University of New Mexico | UNM requires drone operators to coordinate with campus police and Safety & Risk Services for all drone flights on university property. Restrictions: Coordination with Safety & Risk Services required. University Stadium TFR applies during athletic events. No flights without prior approval. | Yes | Safety & Risk Services / Campus Police |
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.0). While we strive for accuracy, always verify critical information with official state sources.
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