Drone Laws in Nebraska: Trespass Rules, Offutt AFB Restrictions, and Wildlife Protections (2026)

Nebraska takes a more intent-focused approach to drone regulation than many states. The trespass law requires specific voyeuristic intent, not just low-altitude flight over private property. This makes the state relatively friendly for recreational and commercial pilots who are not targeting people on their property. The Offutt AFB no-fly zone and the state park blanket ban are the two biggest restrictions most pilots will encounter on a practical level.

Every FAA regulation applies in Nebraska as the baseline. Nebraska state laws add restrictions on top of these federal rules, but they cannot override or relax any federal requirement.

For a full breakdown of federal costs, see our drone license cost guide. For airspace restrictions, check the drone no-fly zones guide.

Nebraska has enacted several state-level drone statutes that add restrictions beyond the FAA baseline. The intent-based trespass law, Secure Drone Purchasing Act, and pesticide drone licensing are the three most distinctive features of Nebraska's regulatory approach.

Intent-based trespass (28-521)

Nebraska's drone trespass statute is narrower than many states. It requires that you intentionally cause a drone to enter above someone's property with the specific intent to observe them without consent in a "place of solitude or seclusion." Simply flying over a cornfield or passing over a neighborhood does not meet this threshold. The law targets voyeuristic behavior, not incidental overflight. This makes Nebraska more permissive for casual recreational flying than states like Montana, which use a pure altitude-based trespass approach.

That said, the escalation clause adds real teeth. If a property owner personally tells you to stop and you continue flying, the charge upgrades to a Class II misdemeanor with double the maximum penalties.

Secure Drone Purchasing Act (LB660)

Effective January 1, 2027, Nebraska state agencies spending state funds may only purchase drones from the NDOT-maintained "List of Secure Drones Authorized for Purchase." Drones must meet one of three criteria: cleared by the DOD Blue UAS Program, compliant with NDAA FY2024, or designed to prevent unauthorized data transmission. This law is widely understood to target Chinese-manufactured drones, particularly DJI. It does not affect private or recreational purchases, but commercial operators working on government contracts should verify their equipment is on the approved list.

Pesticide drone licensing

Nebraska explicitly classifies drone-based pesticide application as "aerial application," requiring the drone pilot to hold a Nebraska pesticide applicator license with Category 12 (Aerial Pest Control) in addition to FAA Part 107. The pilot is legally considered "the applicator" even if they never physically handle the pesticide. Only products labeled and approved for aerial application may be used. This is a significant requirement for Nebraska's large agricultural sector.

Real enforcement: Lincoln prison drone delivery (February 2018)

In February 2018, Robert M. Kinser of Lincoln used a DJI Phantom 4 to attempt delivering marijuana (17.5 grams) and tobacco to the Lincoln Correctional Center. The drone crashed outside the prison and was found by an inmate on work detail. Investigators extracted 13 photographs and 6 video files from the drone's memory card, identifying Kinser as the operator. He initially claimed he had sold the drone. Kinser, who had prior felony convictions for drug, assault, and weapons charges, pleaded no contest and was sentenced to 2 years in prison plus 18 months of post-release supervision. The judge stated: "We just can't have people dropping things into our penitentiaries with drones."

For more on privacy rules, see our drone spying laws guide and flying over private property guide.

Nebraska's flat terrain and open skies make it seem like easy flying, but state parks, military airspace, and migratory bird corridors create restrictions that catch pilots off guard. The Offutt AFB no-fly zone near Bellevue is the most significant local restriction in the state.

Offutt Air Force Base

Offutt AFB, headquarters of US Strategic Command (STRATCOM), maintains one of the strictest no-drone zones in the Midwest. Drone use is entirely prohibited across all Offutt property, including the main base, off-base military housing, Capehart Chapel, Ehrling Bergquist Clinic, and Base Lake. The military has the capability to detect, capture drone information, and physically down drones if necessary. Penalties include FAA fines, loss of operator license, and confiscation of your drone. If you see a drone near Offutt, report it to the Emergency Communications Center at (402) 294-4245.

Central Flyway migratory corridor

Nebraska sits in the heart of the Central Flyway, one of the four major North American migratory bird routes. During spring migration (February through April) and fall migration (September through November), millions of sandhill cranes, whooping cranes, snow geese, and other species pass through the state. Flying a drone near large concentrations of migratory birds risks wildlife harassment charges under both state and federal law. The Platte River corridor between Kearney and Grand Island is especially sensitive during spring crane migration. Keep your distance and avoid flying near visible flocks.

For more on where you can fly, see our where can you fly a drone guide and national parks drone guide.

Commercial drone operations in Nebraska require the standard FAA Part 107 certificate. Nebraska does not add a state-level commercial license on top of the federal requirement, but two state-specific factors affect commercial operators: the Secure Drone Purchasing Act and the pesticide applicator licensing requirement.

Part 107 basics

The Part 107 test costs $175, covers 60 multiple-choice questions on airspace, weather, and regulations, and is valid for 24 months before requiring a recurrent knowledge test. Nebraska has PSI testing centers in Omaha, Lincoln, Grand Island, and North Platte.

State-specific commercial considerations

Several Nebraska-specific factors affect commercial operations beyond the federal baseline:

• Secure Drone Purchasing Act: if you do contract work for Nebraska state agencies, verify your drone is on the NDOT-approved list before January 2027
• Pesticide application: drone spraying requires both Part 107 and a Nebraska Category 12 (Aerial Pest Control) applicator license. The pilot is legally the applicator.
• Omaha city parks: commercial drone operators must obtain a city drone permit before takeoff or landing in any park
• State parks: commercial drone use requires a special occasion permit approved by the Nebraska Game and Parks Commission

Nebraska-specific opportunities

Nebraska's economy and geography create several commercial drone markets:

• Agricultural crop monitoring and precision spraying (Nebraska is a top-5 agricultural state)
• Livestock management and ranch inspection across western Nebraska rangelands
• Real estate photography for urban markets in Omaha and Lincoln
• Infrastructure inspection (bridges, power lines, rail corridors)
• Insurance damage assessment after severe weather (tornado, hail, flooding)
• Construction progress monitoring for commercial and residential projects
• Conservation and wildlife survey work (with Game and Parks coordination)

For a full guide on getting started, see our how to start a drone business guide and drone pilot salary guide.