Applying for an FAA Part 107 Waiver for Drone Operations in New York City (2026)

A Part 107 waiver is the federal mechanism that lets the FAA authorize a small-UAS operation the standard rules would otherwise prohibit. Under 14 CFR § 107.200, the FAA may issue a certificate of waiver if an applicant demonstrates the proposed operation can be conducted safely. In a dense environment such as New York City, understanding what a waiver does — and does not — cover is essential, because the federal waiver is only one of two layers an operator must satisfy.

What a Part 107 Waiver Can Address

Section 107.200 allows the FAA to waive a defined list of operating rules where safety can be shown. Provisions commonly addressed include operating from a moving vehicle (§ 107.25), daylight-only and related operating limitations (§ 107.51), visual line of sight (§ 107.31), operation over human beings in some circumstances, and operation of multiple aircraft by one pilot (§ 107.35). The waiver does not waive airspace authorization — flying in controlled airspace still requires LAANC or FAA DroneZone authorization separately.

How to Apply Through FAA DroneZone

Waiver applications are submitted online through FAA DroneZone (faadronezone-access.faa.gov). The applicant describes the operation, identifies the specific regulation to be waived, and provides a safety case explaining how the operation will be conducted without reducing the level of safety. The FAA reviews the application and may grant the waiver with conditions and limitations. Standard waiver processing can take 90 days or longer, so plan well ahead of any intended operation.

Important: Some Rules Are No Longer Waived

Federal rules evolve. For example, routine night operations no longer require a waiver: a 2021 rule change allows night flights under § 107.29 provided the aircraft has functioning anti-collision lighting visible for at least 3 statute miles. Always check the current text of Part 107 before assuming a waiver is required, because the FAA periodically converts waiver categories into standard operating rules.

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.

What This Means for NYC Operators

• A Part 107 waiver addresses the federal operating rules only — it never replaces the NYPD permit required under NYC Administrative Code § 10-126.
• You still need FAA airspace authorization (LAANC or DroneZone) for the Class B airspace over the city; most of Manhattan has a 0 ft AGL LAANC ceiling, requiring manual DroneZone review.
• Federal civil penalties for violations can reach up to $75,000 per violation under 49 U.S.C. § 46301 as amended.
• Confirm whether a waiver is actually needed — some former waiver categories are now standard operating rules.