Drone Laws in Nevada

drone laws in nevada 1

Paying attention to everything the FAA has put forth since their rules and regulations were initially put into full effect is crucial for all drone fliers. Although, do you know the laws and regulations related to drones in your state, as well?

Flying Over Nevada

While the state of Nevada has a drone ban in their national parks, you can still get some decent footage from around the perimeter. However, you must be extremely careful when doing so to ensure that you are not technically inside the park, but always staying outside of the perimeter at all times.

Thankfully, you can fly your drone at the famous Red Rock Canyon! However, you are not allowed to launch or land your drone in the Red Rock Canyon’s Wilderness Area, more specifically the La Madre Mountain Wilderness Area and Rainbow Mountain Wilderness Area. Other than that, you’re good to go.

If you get tired of the Red Rock Canyon, the Las Vegas Soaring Club has some flying space great for drone users just around the corner. You can learn more about them and what they have to offer by clicking here.

flying over nevada - nevada drone laws

If you’ve already hit the Strip, without your drone, of course, and are looking for some downtime with your drone, your next stop should be to Lake Tahoe. If you go up the shoreline a bit, you’ll find yourself in Zephyr Cove, a beautiful, serene, quiet place to get some drone flight and clear footage in. If you’re feeling up to it, take a paddle streamer out onto the lake and take off from there! You won’t regret it.

The Registering Process in Nevada

The Federal Aviation Administration (FAA) requires that all Small Unmanned Aircraft Systems (UAS) owners follow strict regulations and laws. You will need to file your name, home address and your email address as a start.

registering process nevada - drone laws nevada

From there, you will receive a Certificate of Aircraft Registration and Proof of Ownership. These will include an identification number for your aircraft. You must have this number displayed on your drone at all times. The number will be valid for up to 3 years.

All aircraft that weighs more than 0.55 pounds, or 250 grams, and less than 55 pounds, or 25 kilograms, must be registered. This also includes any added payloads, such as an onboard camera.

You must be at least 13-years-old in order to register and, effective December 21st, 2015, all newly purchased or made drones must be registered before their first flight. You are able to register through a paper-based process, but you can also do so online by clicking here.

Proximity to Airports in Nevada

As a general rule of thumb, and in accordance with the law from the FAA, you may not fly within a 5-mile radius of any airport. In 2012 the FAA enacted the Modernization and Reauthorization Act which requires hobbyist drone operators, meaning residential, to contact air traffic control and/or airport management if they are operating within a 5-mile radius of any local airport.

proximity to airports in nevada - drone laws nevada

This is enacted nationwide, not only in Nevada, under Part 101 of the Act, being Special Rule for Model Aircraft, to ensure that drone operations under unsafe conditions are disapproved before the drone can be launched.

Regardless of the local airport you will be flying near, and possibly breaching airspace, you will need to contact either the airport air traffic control tower or the airport operator.

You will need to establish an agreed-upon operating procedure with airport air traffic or the airport operator and answer a couple of questions. For example, questions relating to how long you are going to be flying for.

Unique Drone Laws in Nevada

At this time of writing, all of the legal information listed below is deemed as accurate as possible and fully in effect.

AB 11 – Committee on Transportation – Critical Facilities

AN ACT relating to unmanned aerial vehicles; revising provisions relating to restrictions on the operation of unmanned aerial vehicles near critical facilities to include within the term “critical facility” any transmission line that is owned, operated, inspected, maintained or repaired in whole or in part by the Colorado River Commission of Nevada; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits a person from operating an unmanned aerial vehicle within a horizontal distance of 500 feet or a vertical distance of 250 feet from a critical facility without the written consent of the owner of the critical facility. A person who violates this provision is guilty of a misdemeanor. (NRS 493.109)

Existing law defines “critical facility” for this purpose to include a petroleum refinery, a petroleum or chemical production, transportation, storage or processing facility, a chemical manufacturing facility, a pipeline and any appurtenance thereto, a wastewater treatment facility, a water treatment facility, a mine, a power generating station, plant or substation, any transmission line that is owed in whole or in part by an electric utility, a county, city or town jail or detention facility and any prison, facility or institution under the control of the Department of Corrections. (NRS 493.020) This bill expands the definition of the term “critical facility” to include any transmission line that is owned, operated, inspected, maintained or repaired in whole or in part by the Colorado River Commission of Nevada.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 493.020 is hereby amended to read as follows:

493.020 As used in NRS 493.010 to 493.120, inclusive, unless the context otherwise requires:

“Aircraft” includes a balloon, airplane, hydroplane, unmanned aerial vehicle and any other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, is governed by the rules regarding water navigation. A hydroplane while being operated through the air other than immediately above water, is an aircraft.

“Critical facility” means a petroleum refinery, a petroleum or chemical production, transportation, storage or processing facility, a chemical manufacturing facility; a pipeline and any appurtenance thereto, a waterwater treatment facility, a water treatment facility, a mine as that term is defined in NRS 512.006, a power generating station, plant or substation and any appurtenances thereto, any transmission line that is owned in whole or in part by an electric utility as that term is defined in subsection 5 of NRS 704.187 or owned, operated, inspected, maintained or repaired in whole or in part by the Colorado River Commission of Nevada pursuant to NRS 538.161 or 538.166, a county, city or town jail or detention facility and any prison, facility or institution under the control of the Department of Corrections. The term does not include any facility or infrastructure of a utility that is located underground.

“Department” means the Department of Public Safety.

“Law enforcement agency” means an agency, office, bureau, board, commission, department or division of this State or a political subdivision of this State, the primary duty of which is to enforce the law.

“Operator” includes aviator, pilot, balloonist and any other person having any part in the operation of aircraft while in flight.

“Passenger” includes any person riding in an aircraft, but having no part in its operation.

“Public agency” means an agency, office, bureau, board, commission, department or division of this State or a political subdivision of this State other than a law enforcement agency.

8. “Unmanned aerial vehicle” means a powered aircraft of any size without a human operator aboard the vehicle and that is operated remotely or autonomously.

Sec. 2. This act becomes effective upon passage and approval.

AB 239 – Range of Drone Regulations

AN ACT relating to aircraft; regulating operations of unmanned aerial vehicles in this State; revising the definition of “aircraft” to include unmanned aerial vehicles; prohibiting the operation or use of an unmanned aerial vehicle under certain circumstances or for certain purposes; authorizing a law enforcement agency to operate an unmanned aerial vehicle at certain locations without a warrant under certain circumstances and for any other lawful purpose; prohibiting a law enforcement agency from operating an unmanned aerial vehicle without first obtaining a warrant under certain circumstances; authorizing a public agency to operate an unmanned aerial vehicle only under certain circumstances; requiring the Department of Public Safety to the extent that money is available, to establish and maintain a registry of unmanned aerial that are operated by public agencies in this State; requiring the Department to report certain information to the Legislature with respect to the operation of unmanned aerial vehicles by public agencies in this State; requiring the Department to adopt regulations prescribing the public purposes for which a public agency may operate an unmanned aerial vehicle in this State; providing certain criminal and civil penalties for the unlawful operation or use of an unmanned aerial vehicle in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the regulation of aeronautics, including the operation of aircraft, in this State. (Title 44 of NRS) This bill revises the definition of “aircraft” to include unmanned aerial vehicles for the purpose of regulating unmanned aerial vehicles in this State in a manner similar to that of traditional aircraft by:

Establishing the right to operate an unmanned aerial vehicle in this State, with certain expectations;

Clarifying that the provisions of this bill are not to be interpreted in a manner inconsistent with federal law or apply to unmanned aerial vehicles owned or operated by the Federal Government;

Clarifying the applicability of state law to torts and crimes resulting from the operation of unmanned aerial vehicles; and

Prohibiting a person from operating or using an unmanned aerial vehicle under certain circumstances or for certain purposes.

Section 18 of this bill prohibits a person from weaponizing an unmanned aerial vehicle.

Section 18.5 of this bill prohibits a person from operating an unmanned aerial vehicle within a certain distance from critical facilities or an airport except under certain circumstances in which the person obtains the consent of the owner of a critical facility or the airport authority of an airport or authorization from the Federal Aviation Administration.

Section 19 of this bill authorizes a person who owns or lawfully occupies real property to bring an action for trespass against the owner or operator of an unmanned aerial vehicle under certain circumstances and provides certain expectations to bringing such an action.

Sections 20-22 of this bill prescribe certain restrictions on the operation and use of unmanned aerial vehicles by law enforcement agencies and public agencies.

Section 20 specifically prohibits, with limited exceptions, a law enforcement agency from operating an unmanned aerial vehicle for the purpose of gathering evidence or other information at any location or upon any property in this State at which a person has a reasonable expectation of privacy without first obtaining a warrant.

Section 20 authorizes a law enforcement agency to operate an unmanned aerial vehicle without a warrant:

If exigent circumstances exist and there is probable cause to believe that a person has committed, is committing or is about to commit a crime;

If a person consents in writing to the activity;

For the purpose of conducting search and rescue operations;

If the law enforcement agency believes that an imminent threat exists to the life and safety of an individual person or to the public at large, including the threat of an act of terrorism; and

Upon the declaration of a state of emergency or disaster by the Governor.

Section 21 authorizes a public agency, other than a law enforcement agency, to operate an unmanned aerial vehicle for certain public purposes as prescribed by regulations adopted by the Department of Public Safety if the public agency registers the unmanned aerial vehicle with the Department.

Sections 20 and 21 provide that any photograph, image, recording or other information acquired unlawfully by a law enforcement agency or public agency, or otherwise acquired in a manner inconsistent with Section 20, and any evidence that is derived therefrom, is inadmissible in any judicial, administrative or other adjudicatory proceeding and may not be used to establish reasonable suspicion or probable cause as the basis for investigating or prosecuting a crime or offense.

Section 22 requires the Department, to the extent that money is available for this purpose, to establish and maintain a registry of unmanned aerial vehicles that are operated by public agencies in this State and requires the Department to adopt regulations prescribing the public purposes for which an agency may operate an unmanned aerial vehicle.

Section 22 further requires the Department to prepare and submit an annual report to the operation of unmanned aerial vehicles in this State.

Section 24.4 of this bill revises provisions relating to the liability of the operator of an aircraft, including an unmanned aerial vehicle, with respect to the operation of the aircraft over heavily populated areas or public gatherings.

Section 24.8 of this bill prohibits a person from operating an unmanned aerial vehicle while intoxicated or in a careless or reckless manner so as to endanger the life or property of another person.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 493 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.

Secs. 2-17 (Deleted by amendment.)

Sec. 18. 1. A person shall not weaponize an unmanned aerial vehicle or operate a weaponized unmanned aerial vehicle. A person who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

A person who weaponizes an unmanned aerial vehicle in violation of subsection 1 and who discharges the weapon is guilty of a category C felony and shall be punished as provided in NRS 193.130.

Sec. 18.5. 1. A person shall not operate an unmanned aerial vehicle within:

A horizontal distance of 500 feet or a vertical distance of 250 feet from a critical facility without the written consent of the owner of the critical facility.

Except as otherwise provided in subsection 2, 5 miles of an airport.

A person may operate an unmanned aerial vehicle within 5 miles of an airport only if the person obtains the consent of the airport authority or the operator of the airport, or if the person has otherwise obtained a waiver, exemption or other authorization for such operation pursuant to any rule or regulation of the Federal Aviation Administration. A person who is authorized to operate an unmanned aerial vehicle within 5 miles of an airport pursuant to this subsection shall, at all times during such operation, maintain on his or her person documentation of any waiver, exemption, authorization or consent permitting such operation.

3. A person who violates this section is guilty of a misdemeanor.

As used in this section, “airport” means any area of land or water owned, operated or maintained by or on behalf of a city, county, town, municipal corporation or airport authority that is designed and set aside for the landing and taking off of aircraft and that is utilized in the interest of the public for such purposes.

Sec. 19. 1. Except as otherwise provided in subsection 2, a person who owns or lawfully occupies real property in this State may bring an action for trespass against the owner or operator of an unmanned aerial vehicle that is flown at a height of less than 250 feet over the property if:

The owner or operator of the unmanned aerial vehicle has flown the unmanned aerial vehicle over the property at a height of less than 250 feet on at least one previous occasion; and

The person who owns or occupies the real property notified the owner or operator of the unmanned aerial vehicle that the person did not authorize the flight of the unmanned aerial vehicle that the person did not authorize the flight of the unmanned aerial vehicle over the property at a height of less than 250 feet. For the purposes of this paragraph, a person may place the owner or operator of an unmanned aerial vehicle on notice in the manner prescribed in subsection 2 of NRS 207.200.

A person may not bring an action pursuant to subsection 1 if:

The unmanned aerial vehicle is lawfully in the flight path for landing at an airport, airfield or runway.

The unmanned aerial vehicle is in the process of taking off or landing.

The unmanned aerial vehicle was under the lawful operation of:

A law enforcement agency in accordance with section 20 of this act.

A public agency in accordance with section 21 of this act.

(d) The unmanned aerial vehicle was under the lawful operation of a business licensed or otherwise approved to operate the unmanned aerial vehicle by the Federal Aviation Administration;

The unmanned aerial vehicle is being operated within the scope of the lawful activities of the business or surveyor; and

(3) The operation of the unmanned aerial vehicle does not unreasonably interfere with the existing use of the real property.

A plaintiff who prevails in an action for trespass brought pursuant to subsection 1 is entitled to recover treble damages for any injury to the person or the real property as the result of the trespass. In addition to the recovery of damages pursuant to this subsection, a plaintiff may be awarded reasonable attorney’s fees and costs and injunctive relief.

Sec. 20. 1. Except as otherwise provided in this section, nothing in this section shall be deemed to otherwise prohibit the operation of an unmanned aerial vehicle by a law enforcement agency for any lawful purpose in this State.

Except as otherwise provided in subsection 3, a law enforcement agency shall not operate an unmanned aerial vehicle for the purpose of gathering evidence or other information within the curtilage of a residence or at any other location or upon any property in this State at which a person has a reasonable expectation of privacy, unless the law enforcement agency first obtains a warrant from a court of competent jurisdiction authorizing the use of the unmanned aerial vehicle for that purpose. A warrant authorizing the use of an unmanned aerial vehicle must specify the period for which operation of the unmanned aerial vehicle is authorized. A warrant must not authorize the use of an unmanned aerial vehicle for a period of more than 10 days. Upon motion and a showing of probable cause, a court may renew a warrant after the expiration of the period for which the warrant was initially issued.

A law enforcement agency may operate an unmanned aerial vehicle without obtaining a warrant issued pursuant to subsection 2:

If the law enforcement agency has probable cause to believe that a person has committed a crime, is committing a crime or is about to commit a crime, and exigent circumstances exist that make it unreasonable for the law enforcement agency to obtain a warrant authorizing the use of the unmanned aerial vehicle.

If a person provides written consent to the law enforcement agency authorizing the law enforcement agency to acquire information about the person or the real or personal property of the person. The written consent must specify the information to be gathered and the time, place and manner in which the information is to be gathered by the law enforcement agency.

For the purpose of conducting search and rescue operations for persons and property in distress.

Under circumstances in which the law enforcement agency believes that an imminent threat exists to the life and safety of an individual person or to the public at large, including, without limitation, the threat of an act of terrorism. A law enforcement agency that operates an unmanned aerial vehicle pursuant to this paragraph shall document the factual basis for its belief that such an imminent threat exists and shall, not later than 2 business days, after initiating operation, file a sworn statement with a court of competent jurisdiction describing the nature of the imminent threat and the need for the operation of the unmanned aerial vehicle.

Upon declaration of a state of emergency or disaster by the Governor, a law enforcement agency that operates an unmanned aerial vehicle outside of the geographic area specified in the declaration or for any purpose other than the preservation of public safety, the protection of property, or the assessment and evaluation of environment or weather-related damage, erosion or contamination.

Any photograph, image, recording or other information that is acquired by a law enforcement agency through the operation of an unmanned aerial vehicle in violation of this section, or that is acquired from any person or governmental entity, including, without limitation, a public agency and any department or agency of the Federal Government, that obtained the photograph, image, recording or other information in a manner inconsistent with the requirements of this section, and any evidence that is derived therefrom:

Is not admissible in and must not be disclosed in a judicial, administrative or other adjudicatory proceeding; and

May not be used to establish reasonable suspicion or probable cause as the basis for investigation or prosecuting a crime or offense.

Sec. 21. 1. A public agency:

May operate an unmanned aerial vehicle only if:

Before the operation of the unmanned aerial vehicle, if the public agency registers the unmanned aerial vehicle with the Department pursuant to subsection 2 of section 22 of this act.

The public agency operates the unmanned aerial vehicle in accordance with the regulations adopted by the Department pursuant to subsection 4 of section 22 of this act.

(b) Must not operate an unmanned aerial vehicle for the purposes of assisting a law enforcement agency with law enforcement or conducting a criminal prosecution.

Any photograph, image, recording or other information that is acquired by a public agency through the operation of an unmanned aerial vehicle in violation of this section, and any evidence that is derived therefrom:

Is not admissible in, and must not be disclosed in, a judicial, administrative or other adjudicatory proceeding; and

May not be used to establish reasonable suspicion or probable cause as the basis for investigation or prosecuting a crime or offense.

Sec. 22. 1. The Department shall, to the extent that money is available for this purpose, establish and maintain a registry of unmanned aerial vehicles that are operated by public agencies in this State. The Department shall include on its Internet website the information that is maintained in the registry.

A public agency shall, for each unmanned aerial vehicle the public agency intends to operate, submit to the Department, on a form provided by the Department, for inclusion in the registry:

The name of the public agency;

The name and contact information of each operator of the unmanned aircraft vehicle;

Sufficient information to identify the unmanned aerial vehicle; and

A statement describing the use of the unmanned aerial vehicle by the public agency.

The Department shall, on or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report outlining the activities of public agencies with respect to the operation of unmanned aerial vehicles in this State.

The Department shall adopt regulations prescribing the public purposes for which a public agency may operate an unmanned aerial vehicle that is registered with the Department pursuant to this section, including, without limitation:

The provision of fire services.

The provision of emergency medical services.

The protection of a critical facility that is public property.

Search and rescue operations conducted for persons and property in distress.

Sec. 22.5. NRS 493.010 is hereby amended to read as follows:

493.010 NRS 493.010 to 493.120, inclusive, and sections 18 to 22 inclusive, of this act may be cited as the Uniform State Law for Aeronautics.

Sec. 23. NRS 493.020 is hereby amended to read as follows:

493.020 As used in NRS 493.010 to 493.120, inclusive, and sections 18 to 22, inclusive, of this act, unless the context otherwise requires:

“Aircraft” includes a balloon, airplane, hydroplane, unmanned aerial vehicle and any other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, is governed by the rules regarding water navigation. A hydroplane while being operated through the air other than immediately above water, is an aircraft.

“Critical facility” means a petroleum refinery, a petroleum or chemical production, transportation, storage or processing facility, a chemical manufacturing facility, a pipeline and appurtenance thereto, a wastewater treatment facility, a water treatment facility, a mine as that term is defined in NRS 512.006, a power generating station, plant or substation and any appurtenances thereto, any transmission line that is owned in whole or in part by an electric utility as that term is defined in subsection 5 of NRS 704.187, a county, city, or town jail or detention facility and any prison, facility or institution under the control of the Department of Corrections. The term does not include any facility or infrastructure of a utility that is located underground.

“Department” means the Department of Public Safety.

“Law enforcement agency” means an agency, office, bureau, board, commission, department or division of this State or a political subdivision of this State, the primary duty of which is to enforce the law.

“Operator” includes aviator, pilot, balloonist and any other person having any part in the operation of aircraft while in flight.

“Passenger” includes any person riding in an aircraft, but having no part in its operations.

“Public agency” means an agency, office, bureau, board, commission, department or division of this State or a political subdivision of this State other than a law enforcement agency.

“Unmanned aerial vehicle” means a powered aircraft of any size without a human operator aboard the vehicle and that is operated remotely or autonomously.

Sec. 24. (Deleted by amendment.)

Sec. 24.2. NRS 493.050 is hereby amended to read as follows:

493.050 1. Flight of an aircraft over the lands and waters of this state is lawful:

Unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner.

Unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.

Unless specifically prohibited by the provisions of NRS 493.010 to 493.120, inclusive, and sections 18 to 22, inclusive, of this act, or any regulations adopted pursuant thereto.

The landing of an aircraft on the lands or waters of another, without his or her consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, the owner, lessee or operator of the aircraft is liable as provided in NRS 493.060.

Sec. 24.4. NRS 493.100 is hereby amended to read as follows:

493.100

Any operator or passenger, while an aircraft is in flight over a heavily populated area or over a public gathering within this state, who:

Except as otherwise provided in subsection 2, engages in trick or acrobatic flying, or in any acrobatic feat;

Except while in landing or taking off, flies at such a low level as to endanger the persons on the surface beneath; or

Drops any object with reckless disregard for the safety of other persons and willful indifference to injuries that could reasonably result from dropping the object; is guilty of a misdemeanor.

The provisions of paragraph (a) of subsection 1 do not apply to the operator of an unmanned aerial vehicle in a park unless the operator is operating the unmanned aerial vehicle with reckless disregard for the safety of other persons and with willful indifference to injuries that could reasonably result from such operation.

Sec. 24.8. NRS 493.130 is hereby amended to read as follows:

493.130

Any person operating an aircraft in the air, or on the ground or water:

While under the influence of intoxicating liquor or a controlled substance, unless in accordance with a lawfully issued prescription; or

In a careless or reckless manner so as to endanger the life or property of another; is guilty of a misdemeanor.

As used in this section:

“Aircraft” includes an unmanned aerial vehicle as that term is defined in subsection 8 of NRS 493.020.

“Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802 (6).

“Prescription” has the meaning ascribed to it in NRS 453.128.

Sec. 25. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

Sec. 26. This act becomes effective:

Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

On October 1, 2015, for all other purposes.

Chapter 360 – Title 32 – Nevada Revised Statutes

NRS 360.753 Partial abatement of certain taxes imposed on aircraft, components of aircraft and other personal property used for certain purposes related to aircraft: Powers and duties of Office of Economic Development, Nevada Tax Commission, applicant for abatement, business approved for abatement and county treasurer.

[Effective through June 30, 2035.]

An owner of a business or person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of:

The personal property taxes imposed on an aircraft and the personal property used to own, operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft; and

The local sales and use taxes imposed on the purchase of tangible personal property used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft.

Notwithstanding the provisions of any law to the contrary and except as otherwise provided in subsection 3 and 4, the Office of Economic Development shall approve an application for a partial abatement if the Office makes the following determinations:

The applicant has executed an agreement with the Office which:

Complies with the requirements of NRS 360.755;

States the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

States that the business will, after the date on which a certificate of eligibility for the partial abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be not less than 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

Binds any successor in interest of the applicant for the specified period;

(b) The business is registered pursuant to the laws of this State or the applicant commits to obtaining a valid business license and all other permits required by the county, city or town in which the business operates;

(c) The business owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft;

(d) If the business is:

A new business, that it will have five or more full-time employees on the payroll of the business within 1 year after receiving its certificate or eligibility for a partial abatement; or

An existing business, that it will increase its number of full-time employees on the payroll of the business in this State by 3 percent or three employees, whichever is greater, within 1 year after receiving its certificate of eligibility for a partial abatement; and

(e) The business meets at least one of the following requirements:

The business will make a new capital investment of at least $250,000 in this State within 1 year after receiving its certificate of eligibility for a partial abatement.

The business will maintain and posses in this State tangible personal property having a value of not less than $5,000,000 during the period of partial abatement.

The average hourly wage that will be paid by the business to its employees in this State during the period of partial abatement is not less than 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

The business develops, refines or owns a patent or other intellectual property, or has been issued a type of certificate by the Federal Aviation Administration pursuant to 14 C.F.R. Part 21.

The Office of Economic Development:

Shall approve or deny an application submitted pursuant to this section and notify the applicant of its decision not later than 45 days after receiving the application;

Must not:

Consider an application for a partial abatement unless the Office has requested a letter of acknowledgement of the request for the partial abatement from any affected county, school district, city or town and has complied with the requirements of NRS 460.757; or

Approve a partial abatement for any applicant for a period of more than 20 years.

The Office of Economic Development must not approve a partial abatement of personal property taxes for a business whose physical property is collectively valued and centrally assessed pursuant to NRS 361.320 and 361.3205 unless the business is regulated under 14 C.F.R. Part 125 or 135.

If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the partial abatement to:

The Department;

The Nevada Tax Commission; and

If the partial abatement is from personal property taxes, the appropriate county treasurer.

An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

If a business whose partial abatement has been approved pursuant to this section and whose partial abatement is in effect ceases:

To meet the requirements set forth in subsection 2; or

Operation before the time specified in the agreement described in paragraph (a) of subsection 2, the business shall repay to the Department or, if the partial abatement was from personal property taxes, to the appropriate county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

The Office of Economic Development may adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.

The Nevada Tax Commission may adopt such regulations as the Commission determines are necessary to carry out the provisions of this section.

An applicant for a partial abatement who is aggrieved by a final decision of the Office of Economic Development may petition a court of competent jurisdiction to review the decision in the manner provided in chapter 233B of NRS.

If the Office of Economic Development approves an application for a partial abatement of local sales and use taxes pursuant to this section, the Department shall issue to the business a document certifying the partial abatement which can be presented to retailers and customers of the business at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2 percent.

As used in this section:

“Aircraft” means any fixed-wing, rotary-wing or unmanned aerial vehicle.

“Component of an aircraft” means any:

Element that makes up the physical structure of an aircraft, or is affixed thereto;

Mechanical, electrical or other system of an aircraft, including, without limitation, any component thereof; and

Raw material or processed material, part, machinery, tool, chemical, gas or equipment used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or component of an aircraft.

(c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subparagraph (3) of paragraph (a) of subsection 2.

(d) “Local sales and use taxes” means any taxes imposed on the gross receipts of any retailer from sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in any political subdivision of this State, except the taxes imposed by the Sales and Use Tax Act.

(e) “Personal property taxes” means any taxes levied on personal property by the State or a local government pursuant to chapter 361 of NRS.

(Added to NRS by 2015, 2328)

NRS 493.120 – Uniformity of Interpretation

NRS 493.010 to 493.120, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subjects of aeronautics. They shall not be interpreted or construed to apply in any manner to aircraft owned and operated by the Federal Government.

[11:66:1923; NCL § 285] — (NRS A 2015, 1778)

NRS 493.150 – United States Certificate, Permit or License Required for Operation of Civil Aircraft Within State

It shall be unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this State unless such aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States.

[3:114:1947; 1943 NCL § 288.3]

NRS. 493.170 – Licensing of Aeronautics Instructors

It shall be unlawful for any aeronautics instructor to give instruction in flying unless such instructor has an appropriate effective instructor’s rating, certificate, permit or license as a flight instructor issued by the United States.

[5:114:1947; 1943 NCL § 288.5]

NRS 493.190 – Powers and Duties of State and Municipal Officers

Every state and municipal officer charged with the enforcement of state and municipal laws, shall enforce and assist in the enforcement of NRS 493.130 to 493.200, inclusive, and of all rules, regulations and orders issued pursuant thereto, and of all other laws of this state relating to aeronautics. In that connection, each of the aforesaid persons is authorized to inspect and examine at reasonable hours any premises and the buildings and other structures thereon, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted.

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[8:114:1947; 1943 NCL § 288.8] — (NRS A 1959, 65)

NRS 493.200 – Penalty

Unless a specific penalty is otherwise provided, any person violating any of the provisions of NRS 493.130 to 493.200, inclusive, is guilty of a misdemeanor.

[7:114:1947; 1943 NCL § 288.7] — (NRS A 1967, 597)

Other Legal Issues With Drones in Nevada

At this time of writing, there are currently a number of bills in circulation within the state of Nevada surrounding drones.

SB 234 – Drone Seizure

AN ACT relating to unmanned aerial vehicles; authoring the possession and storage of certain unmanned aerial vehicles by law enforcement and certain other persons; authorizing the examination of recordings or data contained in an unmanned aerial vehicle under certain conditions; providing for the licensing and regulation of unmanned aerial vehicle storage facilities; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a peace officer to seize and impound a car or other vehicle without a warrant in certain circumstances. (NRS 482.540, 484B.320, 484E.060) Existing law also provides for the licensing and regulation of certain businesses which receive such vehicles. (Chapter 487 of NRS) Section 7 of this bill authorizes a peace officer, without a warrant, to take possession of an unmanned aerial vehicle which has crashed or has been abandoned or when such an officer has probable cause to believe that the aerial vehicle was used in the commission of a crime. Section 7 also authorizes a peace officer to impound an unmanned aerial vehicle in a licensed storage facility for such aerial vehicles. If the owner of a crashed or abandoned unmanned aerial vehicle is unknown, Section 7 authorizes a peace officer, without a warrant, to conduct a reasonable examination of any recordings or data contained in the aerial vehicle to determine the owner. Finally, Section 7 requires a peace officer who has a probable cause to believe that an unmanned aerial vehicle was used in the commission of a crime and who reasonably believes the aerial vehicle contains evidence, to obtain a warrant before examining any recordings or data stored on the aerial vehicle.

Section 8 of this bill authorizes an unmanned aerial vehicle storage facility or law enforcement agency to release a stored unmanned aerial vehicle to its owner under certain conditions. Section 8 also authorizes an unmanned aerial vehicle storage facility or law enforcement agency to charge a storage fee in certain circumstances and authorizes a storage facility to sell unclaimed aerial vehicles in certain circumstances.

Section 9 of this bill requires an unmanned aerial vehicle storage facility to be licensed by the Department of Motor Vehicles.

Sections 10-16 of this bill provide for the licensure of those facilities.

Section 17 of this bill requires an unmanned aerial vehicle storage facility to keep certain records.

Section 18 of this bill authorizes the Department of Motor Vehicles to adopt regulations to carry out the provisions of this bill, including, without limitation, the storage fee that may be charged by an unmanned aerial vehicle storage facility or law enforcement agency.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter N93 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

Sec. 2. As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

Sec. 3. “Department” means the Department of Motor Vehicles.

Sec. 4. “Unmanned aerial vehicle” means a powered aircraft, including, without limitation, a fixed-wing or rotary-wing aircraft of any size, which does not have a human operator aboard and which is controlled remotely or autonomously.

Sec. 5. “Unmanned aerial vehicle storage facility” means an indoor storage facility licensed under sections 2 to 18, inclusive, of this act for the impoundment and storage of unmanned aerial vehicles taken into possession by a law enforcement agency.

Sec. 6. The provisions of sections 2 to 18, inclusive, of this act do not apply to any unmanned aerial vehicle owned or operated by:

A state or local government entity; or

The Armed Forces of the United States or a reserve component thereof, the National Guard or a department or agency of the Federal Government.

Sec. 7. 1. A peace officer who finds an unmanned aerial vehicle which has crashed or has been abandoned and for which the owner is not readily identifiable, may, without a warrant:

Take possession of the aerial vehicle in accordance with the provisions of subsection 2;

Conduct a reasonable examination of any recordings or data stored on the aerial vehicle which may be necessary to ascertain the owner of the aerial vehicle; and

Store the aerial vehicle at an unmanned aerial vehicle storage facility or an area used by a law enforcement agency to store property or evidence.

An unmanned aerial vehicle held pursuant to subsection 1 must be treated as lost property as lost property pursuant to the policies of the receiving law enforcement agency and in accordance with the provisions of NRS 600.100.

A peace officer who has probable cause to believe that an unmanned aerial vehicle was used in the commission of a criminal offense and who reasonably believes that the unmanned aerial vehicle is, or contains, evidence of a criminal offense, may take possession of the aerial vehicle without a warrant, but may not examine any recordings or data stored on the aerial vehicle without a warrant.

An unmanned aerial vehicle taken into possession pursuant to subsection 3 must be stored at an unmanned aerial vehicle storage facility or an area used by a law enforcement agency to store property or evidence.

A peace officer may remove any contraband or cargo discovered onboard an unmanned aerial vehicle before storing the aerial vehicle pursuant to this section.

Sec. 8. 1. An unmanned aerial vehicle storage facility or law enforcement agency may release an unmanned aerial vehicle which was held pursuant to subsection 1 of section 7 of this act to the owner of the aerial vehicle if the owner:

Presents proof of ownership or is otherwise able to provide information or other satisfactory evidence that he or she is the rightful owner of the unmanned aerial vehicle; and

Pays any storage fee required by the Department pursuant to section 18 of this act.

An unmanned aerial vehicle storage facility or law enforcement agency may release an unmanned aerial vehicle taken into possession pursuant to subsection 3 of section 7 of this act to the owner of the aerial vehicle, if:

There are no criminal charges relating to the aerial vehicle which are still pending;

The aerial vehicle is not subject to forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 179.1211 to 179.1235, inclusive or 207.350 to 207.520, inclusive, or any other provision of law;

The owner submits proof of ownership or is otherwise able to provide information or other satisfactory evidence that he or she is the rightful owner of the unmanned aerial vehicle; and

If applicable, the owner pays any storage fee required by the Department pursuant to section 18 of this act.

If an unmanned aerial vehicle was taken into possession pursuant to subsection 3 of section 7 of this act, the Department may only impose a storage fee pursuant to section 18 of this act if a criminal conviction relating to the aerial vehicle was obtained against the owner of the aerial vehicle.

If an unmanned aerial vehicle is not claimed by the owner of the aerial vehicle pursuant to this section within 180 days after delivery to an unmanned aerial vehicle storage facility, the facility may sell the unmanned aerial vehicle or disassemble the aerial vehicle and sell its parts after obtaining a written release from the law enforcement agency which ordered the unmanned aerial vehicle to be held.

The proceeds of the sale of an unmanned aerial vehicle or its parts pursuant to this section shall be deemed to satisfy any outstanding storage fees for that unmanned aerial vehicle. If the amount of the proceeds exceeds any outstanding storage fees, the remaining amount may be used in the following order:

To cover the reasonable cost of the sale incurred by the storage facility;

To pay any liens against the unmanned aerial vehicle; and

To reimburse the owner of the unmanned aerial vehicle, if known, or, if unknown, the unmanned aerial vehicle storage facility may retain the balance.

Before selling an unmanned aerial vehicle or its parts pursuant to this section, an unmanned aerial vehicle storage facility must, to the extent possible, delete or otherwise remove any recordings or data stored on the aerial vehicle.

Sec. 9. 1. A person shall not operate an unmanned aerial vehicle storage facility without a license issued by the Department.

Operating an unmanned aerial vehicle storage facility without a license is a misdemeanor.

Sec. 10. 1. An application for a license to operate an unmanned aerial vehicle storage facility must be made on a form provided by the Department, include the social security number of the applicant and be accompanied by such proof as the Department may require that the applicant owns or leases and will conduct business from a permanent location with at least 5,000 square feet of land which is surrounded by a screened fence that is at least 6 feet high.

The fee for the issuance or renewal of a license to operate an unmanned aerial vehicle storage facility is $100.

All fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

Sec. 11. 1. An applicant for the issuance or renewal of a license to operate an unmanned aerial vehicle storage facility shall submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

The Department shall include the statement required pursuant to subsection 1 in:

The application or any other forms that must be submitted for the issuance or renewal of the license; or

A separate form prescribed by the Department.

A license may not be issued or renewed by the Department pursuant to sections 2 to 18, inclusive, of this act if the applicant:

Fails to submit the statement required pursuant to subsection 1; or

Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy to arrearage.

Sec. 12. 1. The Department may approve or reject an application for a license to operate an unmanned aerial vehicle storage facility. If the Department receives the statement required pursuant to section 11 of this act and approves the application, the Department shall issue to the applicant a license containing the name and address of the applicant, the name under which the business is to be conducted, the business address and a distinguishing number assigned to the applicant.

A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

A license expires on April 30 of each year.

A licensee may renew the license by submitting to the Department:

A completed application for renewal upon a form supplied by the Department;

The statement required pursuant to section 11 of this act; and

The fee for renewal of a license provided in section 10 of this act.

Sec. 13. 1. Except as otherwise provided in subsection 4, the Department shall not issue a license to operate an unmanned aerial vehicle storage facility until the applicant has filed with the Department a good and sufficient bond in the amount of $25,000, with a corporate surety thereon licensed to do business in the State of Nevada approved as to form by the Attorney General, and conditioned that the applicant conducts business as an unmanned aerial vehicle storage facility without fraud or fraudulent representation, and without violation of the provisions of sections 2 to 18, inclusive, of this act. The Department may, by agreement with any unmanned aerial vehicle storage facility which has been licensed for 5 years or more by the Department, reduce the amount of the bond, if the business of that facility has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.

The bond must provide that any person injured by the action of the unmanned aerial vehicle storage facility in violation of any of the previous sections 2 to 18, inclusive, of this act may apply to the Director of the Department for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

In lieu of a bond an applicant may deposit with the Department, under the terms prescribed by the Department:

A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

A savings certificate of a bank, credit union or savings and loan association situated in this State, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

A deposit made pursuant to subsection 4 may be disbursed by the Director of the Department, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

A court order requiring the Director to release all of a specified portion of the deposit; or

A statement signed by the person in whose name the deposit is made and acknowledgements in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment for which the license is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

Files an additional bond pursuant to subsection 1;

Restores the deposit with the Department to the original amount required under this section; or

Satisfies the outstanding judgment for which he or she is liable under the deposit.

A deposit made pursuant to subsection 4 may be refunded:

By order of the Director of the Department, 3 years after the date on which the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

By order of the court, at any time within 3 years after the date on which the licensee ceases to be licensed by the Department, upon evidence satisfaction to the court that there are no outstanding claims against the deposit.

Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

Sec. 14. 1. If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to sections 2 to 18, inclusive, of this act, the Department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

The Department shall reinstate a license issued pursuant to sections 2 to 18, inclusive, of this act that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 15. 1. In addition to any other requirements set forth in sections 2 to 18, inclusive, of this act, an applicant for the renewal of a license issued pursuant to sections 2 to 18, inclusive, of this act must indicate in the application submitted to the Department whether the applicant has a state business registration. If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

A license issued pursuant to sections 2 to 18, inclusive, of this act may not be renewed by the Department if:

The applicant fails to submit the information required by subsection 1; or

The State Controller has informed the Department pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

Satisfied the debt;

Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

Demonstrated that the debt is not valid.

As used in this section:

“Agency” has the meaning ascribed to it in NRS 353C.020.

“Debt” has the meaning ascribed to it in NRS 353C.040.

Sec. 16. 1. The Department may suspend, revoke or refuse to issue or renew a license to operate an unmanned aerial vehicle storage facility for any reason determined by the Director of the Department to be in the best interest of the public, including, without limitation, any determination that the licensee or applicant:

Is not lawfully entitled to a license;

Has made, or knowingly or negligently permitted, any illegal use of an existing;

Has failed to comply with any provision of sections 2 to 18, inclusive, of this act or any regulations adopted pursuant thereto;

Has made any false or misleading statements in an application or in any records required by sections 2 to 18, inclusive, of this act or any regulations adopted pursuant thereto; or

Has been convicted of a felony.

An applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, as applicable, petition the Department in writing for a hearing.

Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

If an application for a license to operate an unmanned aerial vehicle storage facility is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

The Department may refuse to review a subsequent application for a license to operate an unmanned aerial vehicle storage facility that is submitted by any person who violates any provision of sections 2 to 18, inclusive, of this act.

Sec. 17. 1. Each unmanned aerial vehicle storage facility shall maintain a record of all unmanned aerial vehicles acquired, released, disassembled and sold by the storage facility. The records must be open to inspection during business hours by any peace officer or investigator of the Department.

Records maintained pursuant to subsection 1 must be retained by the licensee for a period of at least 3 years.

Sec. 18. The Department may adopt regulations to carry out the provisions of sections 2 to 18, inclusive, of this act, including, without limitation, the storage fee that an unmanned aerial vehicle storage facility or law enforcement agency may charge for the storage of such a vehicle.

Sec. 19. Section 10 of this act is hereby amended to read as follows:

Sec. 10. 1. An application for a license to operate an unmanned aerial vehicle storage facility must be made on a form provided by the Department and be accompanied by such proof as the Department may require that the applicant owns or leases and will conduct business from a permanent location with at least 5,000 square feet of land which is surrounded by a screened fence that is at least 6 feet high.

The fee for the issuance or renewal of a license to operate an unmanned aerial vehicle storage facility is $100.

All fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

Sec. 20. Section 12 of this act is hereby amended to read as follows:

Sec. 12. 1. The Department may approve or reject an application for a license to operate an unmanned aerial vehicle storage facility. If the Department approves the application, the Department shall issue to the applicant a license containing the name and address of the applicant, the name under which the business is to be conducted, the business address and a distinguishing number assigned to the applicant.

A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

A license expires on April 30 of each year.

A licensee may renew the license by submitting to the Department:

A completed application for renewal upon a form supplied by the Department; and

The fee for renewal of a license provided in section 10 of this act.

Sec. 21. 1 This section and sections 1 to 18, inclusive, of this act become effective:

Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and tasks that are necessary to carry out the provisions of this act; and

On January 1, 2018, for all other purposes.

Sections 11 and 14 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

Are in arrears in the payment for the support of one or more children,

Are repealed by the Congress of the United States.

Sections 19 and 20 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

Have failed to comply with a subpoena or warrant relating to a proceeding to to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

Are in arrears in the payment for the support of one or more children.

Are repealed by the Congress of the United States.

Temporary Flight Restrictions in Nevada

Nevada, aside from the laws currently in effect, and the bills waiting to be enacted into law, has some strict temporary flight restrictions that must be followed during certain instances and conditions.

Drone users are not to fly their drones during a wildfire, chemical spill, or a security-related event.

Anyone who flies a drone while a temporary flight restriction is taking place may be punished with a federal crime.

For more information on temporary flight restrictions in Nevada, you can check out the temporary flight restrictions list from the FAA. You can check for Nevada directly by using the drop-down menu, which you can find at the top center of the online page.

FAQ on Nevada Law and Drones

drone laws nevada faq

If you do not see your question, or an answer to it, listed below, feel free to get in touch with us and we’ll gladly give you one.

Is a drone/UAS considered the same as a model aircraft?

The United States Congress has defined and concluded that a model aircraft is only considered a drone or a UAS when the following points are met:

  • It’s flown for recreational purposes or as a hobby and not for any business or commercial reasons
  • It’s flown within visible distance, meaning being able to see it at all times, of the individual operating it
  • It’s capable of sustaining flight within the atmosphere, meaning that it can fly

If your model aircraft, regardless of whether or not you acquired it pre-built or built it yourself, meets the above points to your knowledge, it’s considered a drone/UAS.

What is the Small UAS Rule?

The Small UAS Rule requires those who have unmanned aircraft systems, or UAS, that weigh less than 55 pounds, payload included, to register their aircraft with the FAA. This only applies to recreational or hobby fliers and not commercial drone use, however.

Is the FAA’s Small UAS Rule still in effect?

Yes, it has been in effect from August 29th of 2016 and is still in effect at this time of writing.

Do I have to carry my Certificate of Aircraft Registration while flying my UAS at all times?

Yes, you must have the registration certificate from the FAA at all times during flight operation. In accordance with federal law, all UAS operators must show their certificate of registration to any local, state, or federal law enforcement officer when they are asked to do so.

What do I do for registration if my UAS is over the 55-pound limit?

If your UAS weighs more than 55 pounds, including payload, you will need to register it by clicking here.

sUAS Service Agreement

Drone Laws in Nevada

Knowing the laws, regulations, restrictions, etc., regarding drones in your state is extremely important. Remember to educate yourself, follow the rules, fly safely and responsibly, and have fun!

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