Part 107 in Nevada: The 250-Foot Trespass Rule
Nevada lets property owners sue for drone trespass under 250 feet after a warning, with triple damages. FAA-licensed businesses get an exception. How it works.
Nevada draws a line at 250 feet. Under NRS 493.103, a person who owns or lawfully occupies property can sue a drone owner or operator for trespass if the drone flew over the property below 250 feet at least once before and the owner had told the operator that such flights were not authorized. A winning plaintiff recovers three times the damages, plus attorney fees. Businesses registered in Nevada and land surveyors are exempt when they meet three conditions.
How does the trespass action work?
NRS 493.103 requires all of the following:
- The drone was flown over the property at a height of less than 250 feet.
- It had been flown over the property below 250 feet on at least one earlier occasion.
- The owner or occupant had notified the operator that they did not authorize flights below 250 feet.
The first flight is effectively a warning: the law is aimed at repeat flights after notice.
250 ft
the height below which repeat, unauthorized flights can be sued as trespass in Nevada
Who is exempt?
No action may be brought if the drone was in an airport flight path for landing, was taking off or landing, or was operated lawfully by a law enforcement or public agency. The key exemption for Part 107 pilots covers a business registered in Nevada or a land surveyor, if:
- the operator is licensed or otherwise approved by the FAA to operate the drone;
- the flight is within the scope of the business's or surveyor's lawful activities;
- the flight does not unreasonably interfere with the existing use of the property.
The business exemption names businesses registered in Nevada. An out-of-state operator flying a job in Nevada should not assume it applies to them. That is our reading of the text, not legal advice.
How does 250 feet compare with Part 107?
Part 107 lets you fly up to 400 feet above ground level, and higher near structures, under §107.51. Nevada's 250-foot figure is not an altitude limit. It defines when repeated low flights over private property become a trespass claim. The 400-foot post covers how AGL is measured over uneven ground, which matters in Nevada's terrain.
What federal rules matter most in Nevada?
Las Vegas sits under Class B airspace and Reno under Class C, so city work needs authorization under §107.41. North of Las Vegas, large restricted areas are used for military training; the restricted airspace post explains what restricted areas mean for a drone. Hot, high desert sites reduce performance, as the density altitude post explains.
What this means for the exam
Nevada law is not on the FAA knowledge test, but the airspace around Las Vegas is a good chart-reading exercise for it.
Other states are compared in the state drone laws guide.
The federal rules for listing and property work in one guide.
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