The FAA's BVLOS Rule Is Due December 7. What Part 108 Means for Orange County HOAs, Cities, and Property Owners

The FAA's BVLOS rule, proposed as a new Part 108 of the federal aviation rules, would create the first standing set of rules for flying drones beyond the visual line of sight (BVLOS) of the person in control. Under the FAA Reauthorization Act of 2024, the final rule is due 16 months after the proposed rule was published. Counted from the August 7, 2025 proposal, that is December 7, 2026. As of November 2, the final rule is still under review at the White House and has not been published.

This post is for the people who hire drone providers or rely on their records: HOA boards and community managers, cities and fire agencies, property managers and commercial owners, golf courses, and the carriers and attorneys who use aerial records, in Orange County and across California.

Where the BVLOS rule stands

The FAA and the Transportation Security Administration published the proposed rule, Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations, in the Federal Register on August 7, 2025. Public comments closed on October 6, 2025. The FAA reopened comments on electronic conspicuity and right-of-way from January 28 to February 11, 2026.

Two federal directives set the clock. Section 930 of the FAA Reauthorization Act of 2024, codified at 49 U.S.C. 44811, requires the final rule within 16 months after the proposed rule was published. Executive Order 14307, signed June 6, 2025, asked for a final rule within 240 days of the order, a target that passed earlier this year. The federal regulatory agenda, as reported by Drone Authority, lists an even earlier statutory date of January 16, 2026, counted from the date the law set for the proposal. By either count, the final rule is due now.

The White House Office of Information and Regulatory Affairs (OIRA) received the final rule on July 10, 2026. Its review record still showed the rule as "Pending Review" on November 2, with no conclusion date. Until the FAA publishes the final rule, its text is not public and it may differ from the proposal. A missed deadline does not put any rule into effect, and the final rule will set its own effective date.

In short: Part 108 is a proposed rule, not a final one. Everything below describes the proposal.

What the proposed Part 108 would do

Today, most commercial drone flights run under Part 107, which covers small drones flown within the visual line of sight of the pilot. Flying beyond that line requires an FAA waiver or exemption, granted case by case. The proposal says operators "continue to rely on" exemptions and waivers for BVLOS work. Part 108 would replace much of that with a standing set of rules. Part 107 would remain for line-of-sight flights.

Under the proposal, as published in the Federal Register and summarized in the FAA's fact sheet:

• Two tiers. Lower-risk operations would get an FAA permit. Higher-risk operations, with larger aircraft, higher speeds, or bigger fleets, would need an operating certificate, a safety management system, and a training program.
• Altitude. Flights would generally stay at or below 400 feet above ground level, launched from pre-designated, access-controlled locations.
• Named uses. Package delivery, agriculture, aerial surveying, and civic interest operations, plus training, demonstrations, recreation, and flight testing.
• Population density. Five density categories, with more restrictions and mitigations as density rises. Flights over people would be allowed, but not over large, open-air gatherings such as concerts, sporting events, or crowded parks.
• People in charge. Each operator would name an operations supervisor responsible for overall safety and security. That person would not need an FAA certificate.
• Right-of-way. Drones would yield to manned aircraft that broadcast their position with ADS-B and not interfere with airport and heliport traffic patterns. Because the FAA reopened comments on right-of-way, this part may change in the final rule.
• Security and records. TSA would add security requirements, and operators would keep flight records for 24 months.

What the BVLOS rule means for Orange County properties

The proposal ties its limits to population density. That matters in a county as built-out as Orange County, where a single route can cross open space, a fuel modification zone, a golf course, and a neighborhood in a few minutes. If the final rule keeps the proposal's density categories, they would shape where long-range flights are practical here.

HOAs and master planned communities. Long fuel modification zones and open space are the kind of sites BVLOS flights are built for. If a provider pitches a long-range program, ask which authorization covers it today, and where the aircraft would launch. The proposal's access-controlled launch sites mean a vendor may ask to use community property.

Cities and fire agencies. Public safety drone programs run under their own authorizations and policies. Orange County is already seeing more of them: the Orange County Sheriff's Department scheduled Phase 1 of its Drone as First Responder program to begin in October 2026 in Laguna Hills, Lake Forest, and Stanton. For contracted documentation work, the question is the vendor's authorization, not the agency's. Our public agency page covers how FlyCRE works with cities.

Event venues and properties near them. California's AB 2113 (Chapter 383, Statutes of 2026) restricts drones within 400 feet of large outdoor ticketed events and amusement parks, and takes effect January 1, 2027, under California's standard effective date for new statutes. Its commercial exemption covers operators authorized by the FAA to fly beyond visual line of sight. Part 108 could change which FAA authorizations operators hold, so confirm with your own counsel. Our post on the new California drone laws covers AB 2113 and AB 1749.

Insurers, brokers, and attorneys. The proposal's 24-month flight record requirement is one more reason to ask a provider, in writing, what flight records it keeps and how long. For how airspace approvals changed on October 31, see our post on FAA drone airspace authorization.

Questions to ask your drone provider

1. Is this flight within visual line of sight under Part 107, or beyond it? If beyond, which FAA authorization covers it, and does it cover this site?
2. Once Part 108 is final, will you operate under a permit, a certificate, or stay under Part 107?
3. Where will the aircraft take off and land, and who controls access to that spot?
4. How does the flight plan handle neighbors, crowds, and nearby events?
5. Who keeps the flight records and imagery, for how long, and who can see them?
6. Are your pilots FAA certified, and is the operation insured?

Rules on specific sites can turn on details. Confirm how they apply to your property or program with your own counsel.

How FlyCRE fits

FlyCRE is a documentation service. Our flights are flown by FAA Part 107 certified remote pilots, are insured, and are planned under the FAA authorizations each site requires. We fly at altitude over the properties our clients own, insure, or manage, and we do not capture data of private residences or private property we are not hired to document. Every flight captures all four data layers: orthomosaic, thermal, asset visibility, and multispectral. Each record is dated and kept in FlyCRE Intelligence, released only to the client.

We will follow the final Part 108 text when the FAA publishes it, and we will update this post when it does. We do not make compliance determinations; qualified professionals and counsel interpret the record. See the Wildfire Intelligence division or contact FlyCRE about a flight schedule. Documented Today, Defensible Tomorrow.