Beyond Visual Line of Sight Drone Operations in New York City (2026)

Beyond visual line of sight (BVLOS) operations — where the remote pilot cannot keep the drone in direct unaided sight — are among the most tightly controlled in U.S. drone regulation. In New York City’s complex airspace, BVLOS is feasible only through specific federal authorization, and even then the city’s permit requirement remains.

The Visual Line of Sight Rule

Under 14 CFR § 107.31, a remote pilot in command (or a visual observer) must be able to see the unmanned aircraft throughout the entire flight with vision unaided by any device other than corrective lenses. This rule is what makes routine BVLOS operations impermissible under the standard Part 107 rules. To operate beyond visual line of sight, an operator must obtain relief from § 107.31.

Current Paths: Waiver and Exemption

Today there are two principal federal routes for BVLOS, both processed through FAA DroneZone:

• Part 107 waiver (§ 107.200): The operator submits a safety case demonstrating the BVLOS operation can be conducted safely, often relying on detect-and-avoid measures, defined operating areas, and procedures. Processing can take 90 days or longer.
• Exemption (e.g., under 49 U.S.C. § 44807): A broader mechanism the FAA has used to authorize categories of operations, frequently with detailed conditions and limitations.

Both require substantial documentation and are not granted casually, particularly in dense, controlled airspace.

The Proposed Part 108 Framework

The FAA has been developing a dedicated regulatory framework for routine BVLOS operations, commonly referred to as Part 108. As of 2026, Part 108 is proposed and not yet a final rule. Until it is finalized, BVLOS continues to rely on the waiver and exemption paths described above. Operators should treat any reference to Part 108 as a future framework subject to change, and verify the current status with the FAA.

Two Layers of Authorization Always Apply in NYC

No federal waiver or Remote ID step replaces the local requirement. Flying a drone in New York City is legal but requires authorization on two separate levels. First, the federal layer: the FAA governs the airspace through 14 CFR Part 107, Remote Identification under 14 CFR Part 89, and airspace authorization (LAANC or FAA DroneZone) for the Class B airspace that blankets the city. Second, the city layer: under NYC Administrative Code § 10-126(b) and (c), causing an unmanned aircraft to take off or land in the five boroughs without an NYPD permit is unlawful, with narrow exemptions for the five designated model aircraft fields and certain government operations. A federal waiver or Remote ID compliance satisfies the first layer only; you must still hold the applicable NYPD permit.

BVLOS in NYC: Practical Considerations

• BVLOS requires federal relief from § 107.31 (a waiver or exemption) — there is no automatic BVLOS allowance under standard Part 107.
• The proposed Part 108 framework is not yet final; do not plan operations assuming it is in effect.
• NYC’s Class B airspace adds an airspace-authorization requirement; most of Manhattan has a 0 ft AGL LAANC ceiling requiring manual DroneZone review.
• Any federal BVLOS approval still sits on top of the NYPD take-off and landing permit required under § 10-126.