New California Drone Laws Take Effect January 1. What Cities, HOAs, and Property Owners Should Know

The two new California drone laws, both signed in September 2026, take effect January 1, 2027, under the state constitution's default timing for regular-session bills. Assembly Bill 1749, approved September 29, 2026, as Chapter 762, lets public lawyers seek civil penalties against anyone who uses a drone to knowingly or recklessly interfere with wildfire suppression or another emergency response under a federal flight restriction. Assembly Bill 2113, approved September 20, 2026, as Chapter 383, bans most drone flights within 400 feet of outdoor ticketed events and amusement parks.

Neither law changes who may hire a drone provider, and outside the AB 2113 buffer neither limits what a provider may record on a property it was hired to document. Both change the cost of getting airspace wrong. If you manage open space for a city or fire agency, oversee slopes and common areas for an HOA or master planned community, or run a site as a commercial property manager, these are the California drone laws to know before your next flight schedule is set.

AB 1749: penalties for interfering with wildfire response

AB 1749 adds Section 1714.57 to the California Civil Code. It bars operating or using a drone to knowingly or recklessly interfere with two things: wildfire suppression, including law enforcement or emergency response tied to it, and any emergency response connected to an incident for which the Federal Aviation Administration has issued a temporary flight restriction, or TFR.

The state Attorney General, a county counsel, or a city attorney can bring a civil action. A winning plaintiff can recover a civil penalty of up to $75,000 per violation, an injunction, and reasonable attorney's fees and costs. The chaptered text contains no express exemption for FAA-certified or commercial operators, and it does not define "interfere."

The state law sits on top of federal rules that already apply. Under 14 CFR 91.137, the FAA can restrict airspace over a disaster area to protect people on the ground and to give relief aircraft a safe environment, and under the strictest form of restriction, only aircraft taking part in relief work under the on-scene official may enter. The FAA's wildfire guidance explains that fire response agencies often ground their aircraft when an unauthorized drone appears, and that Congress authorized FAA civil penalties of up to $20,000 for drone pilots who interfere with wildfire suppression, law enforcement, or emergency response. The toolkit cites the National Interagency Fire Center's short version: "If You Fly, We Can't."

AB 2113: a 400-foot buffer at events and amusement parks

AB 2113 adds a new part to the California Public Utilities Code, beginning at Section 21750. It makes it unlawful to operate a drone within 400 feet of an outdoor ticketed entertainment event or an amusement park. Each violation is an infraction with a $500 fine.

The definitions decide where the buffer applies:

• Ticketed entertainment event: a professional music, sporting, or performing arts event at a venue that holds 1,000 or more people, with gated entries or barriers that keep out the general public, and that is not covered by FAA restrictions.
• Amusement park: a permanent facility open to the public with one or more rides or attractions, classified under NAICS code 713110.

The law lists exceptions. It does not apply to an operator with the venue operator's consent, to venue or park employees on official business, or to employees of regulated utilities and transportation agencies on official business. Fire, police, medical, and other public agency emergency personnel are also excluded while performing fire suppression, law enforcement, or emergency response duties.

The exception for commercial drone operators is narrower than it first sounds. An operator must hold an FAA certificate, waiver, or other authorization, be flying for a commercial purpose, be authorized to conduct commercial beyond visual line of sight (BVLOS) operations, and comply with federal rules and that authorization. Because the text also requires authorization for commercial BVLOS operations, Part 107 certification by itself does not satisfy every listed condition. Even when the exception applies, the text says it does not permit capturing copyrighted images or video of the event or park with intent to distribute, without the venue operator's authorization.

What the new California drone laws mean for your property

Most Orange County documentation work happens nowhere near a stadium, and in normal conditions nowhere near a fire. The two laws matter at the edges, and those edges are common here.

Wildland urban interface sites. HOA fuel modification zones, city open space, and hillside commercial properties sit where fires start and where TFRs appear on short notice. A scheduled flight that was routine in the morning can fall inside a TFR by afternoon. Under AB 1749, the question after the fact may be whether a flight was reckless, so a provider's habit of checking restrictions, and the records that show it, carry more weight than before. Pre-fire and post-fire documentation stays valuable. The timing has to follow the airspace.

Properties near venues and parks. Wherever a theme park, stadium, or outdoor amphitheater sits next to a business park, retail center, or residential community, the buffer can reach neighboring property. If your property sits within 400 feet of one, ask how your provider will handle the buffer: venue consent, a qualifying BVLOS authorization, or a flight plan that keeps the drone outside 400 feet. The text sets no time limit for either buffer, and the event buffer is defined by reference to the event. How the distance is measured is a question for counsel.

Public agencies. Cities and fire agencies hire documentation vendors and also enforce these laws, since city attorneys and county counsel can file AB 1749 actions. Vendor terms that require TFR checks and stand-down procedures during incidents can help protect both the program and the response.

Questions to ask your drone provider

• How do you check for temporary flight restrictions before each flight, and what happens if one is issued while you are on site?
• Who decides to stop or reschedule a flight when a fire or emergency is active nearby?
• Is any part of our property within 400 feet of an amusement park or an outdoor venue that holds 1,000 or more people? If so, how will you comply with AB 2113?
• Are your pilots FAA Part 107 certified, and can you provide proof of insurance?
• Do your flight logs record date, time, and location, so there is a dated record of where and when you flew?
• Do you capture neighboring private residences or property you were not hired to document?

Answers to these questions are a starting point, not a legal review. Confirm how either law applies to your property, contracts, and vendor terms with your own counsel.

How FlyCRE fits

FlyCRE is an aerial site documentation company based in Orange County. All pilots are FAA Part 107 certified, every operation is insured, and our flights follow FAA airspace rules, including temporary flight restrictions. We fly at high altitude over the properties our clients own, insure, or manage, and we do not capture data of private residences or property we are not hired to document.

Every scheduled flight captures orthomosaic, thermal, asset visibility, and multispectral data, and each capture becomes a permanent, dated record. For wildfire documentation, that means a season-over-season view of slopes, fuel modification zones, and access roads, captured when the airspace is clear. Your fire authority, counsel, and other qualified professionals interpret it. Documented today, defensible tomorrow.

For more on recent federal changes, see our earlier post on the FCC drone rule that took effect October 13.