Is Flying Drones Over Private Property Legal in Nebraska After the 2026 Law Changes?

Yes, flying drones over private property in Nebraska is legal under federal FAA rules but subject to state and local restrictions. Nebraska’s 2024 drone law (LB 989) grants landowners limited privacy protections, while Omaha’s 2026 ordinance requires permits for commercial flights over residential zones. Operators must avoid interfering with property rights or violating trespassing laws.


Key Regulations for Flying Drones Over Private Property in Nebraska

  • FAA Part 107 Compliance: All drones weighing over 0.55 lbs must be registered with the FAA, and operators must hold a Remote Pilot Certificate. Recreational flyers must pass the TRUST test. Violations risk federal penalties.
  • Nebraska Revised Statute § 28-521: Prohibits drone use to intentionally photograph or record individuals on private property without consent, creating potential civil liability for invasions of privacy.
  • Local Permitting: Douglas County (Omaha) and Lancaster County (Lincoln) require commercial drone operators to obtain permits for flights over residential areas under 2026 ordinances. Check county-specific rules before operation.

Additional restrictions apply near airports (Class D airspace), wildlife refuges, and emergency response zones. Operators must yield to property owners’ objections and avoid nuisance claims under Nebraska common law.