Flying a Drone at Night in New York City Under §107.29 (2026)

Night drone operations in New York City are a frequent question, and the answer has changed. For several years, commercial night operations under Part 107 required a specific FAA waiver. That is no longer the case for routine night flying. Understanding this history matters, because outdated guidance still circulates claiming a "night waiver" is mandatory.

The 2021 Rule Change: From Waiver to Operating Rule

Before 2021, § 107.29 prohibited night operations unless the operator held a waiver. A rule change effective in 2021 amended § 107.29 so that night operations became a standard operation — no waiver needed — subject to two conditions: the remote pilot must have completed the updated FAA training or knowledge requirements, and the aircraft must be equipped with anti-collision lighting visible for at least 3 statute miles, with a flash rate sufficient to avoid a collision. In short, the former waiver category was converted into an operating rule.

When a Waiver Might Still Apply

A waiver may still be relevant if a night operation also needs relief from a different rule — for example, combining night flight with operations beyond visual line of sight (§ 107.31) or other limitations that remain waivable under § 107.200. The night element itself, however, is governed by the standard rule in § 107.29 when the lighting and pilot requirements are met.

Anti-Collision Lighting Requirement

The defining requirement for night operations is anti-collision lighting visible for at least 3 statute miles. The light must have a flash rate sufficient to avoid a collision. This is a federal equipment requirement; the FAA does not endorse specific products, and operators are responsible for confirming their lighting meets the visibility standard.

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.

Night Flying in NYC: The Practical Reality

• The federal night rule (§ 107.29) is satisfied by anti-collision lighting and updated pilot training — no FAA night waiver is required for routine night flight.
• The NYPD permit still applies: the application captures flight date and time, so a night operation must be approved through the NYPD portal at dronepermits.nypdonline.org.
• Airspace authorization (LAANC/DroneZone) is still required; most of Manhattan has a 0 ft AGL LAANC ceiling needing manual DroneZone review.
• Avoid relying on older sources that describe night flying as requiring a waiver — verify against the current text of § 107.29.