Montana Drone Laws
Federal requirements, Montana statutes, local restrictions, and official resources — in one place, with primary-source citations, for recreational and commercial drone pilots.
Verified & Published
Last reviewed 2026-08-24 · Next review 2026-09-23 · 7 official sources
Montana's drone laws are characterized by a mix of early privacy protections for citizens and recent, specific restrictions on low-altitude flight over private property. While the state offers vast open spaces, pilots must navigate strict rules regarding wildfire interference, hunting, and state park permits.
Are drones legal in Montana?
Drone operations are generally allowed in Montana when pilots follow FAA requirements plus all applicable state, local, and property rules. Check airspace authorization and launch or landing restrictions before every flight.
Rules, airspace restrictions, and temporary conditions can change. Check current airspace and official requirements before every flight.
At a Glance
MCA § 45-6-210 Flying 200 feet or lower over private property without permission is considered criminal trespass.
MCA § 45-6-210 Lawful commercial operations are generally exempt from the 200-foot low-altitude trespass statute.
MCA § 46-5-109 Law enforcement generally requires a warrant to use drone-captured evidence in court.
No specific state statute restricts drone flight near critical infrastructure, though general trespass laws apply.
MCA § 87-6-208 Using drones to scout, track, or hunt game animals is strictly prohibited.
ARM 12.8.816 A permit from Montana Fish, Wildlife & Parks is required to operate drones in state parks.
MCA § 7-1-111 Local governments can regulate drone use on their property but are preempted regarding wildfire rules.
MCA § 76-13-214 Interfering with wildfire suppression carries a fine of up to $1,500 plus suppression costs.
How the Three Layers Work Together
Every flight is governed by all three layers at once. A rule in one layer does not cancel or replace the others — you must satisfy each layer that applies to where and how you fly.
FAA requirements that apply nationwide — registration, Remote ID, airspace, and operating categories.
State statutes, regulations, agency policies, and rules for state-owned property.
Municipal and county rules, parks, public-property launch/landing limits, filming permits, and property policies.
Our Pre-Flight Recommendations
- Check airspace & get LAANC authorization via B4UFLY before every flight.
- Confirm Remote ID compliance — broadcast module or FAA-registered drone.
- Search the local municipal code for park, launch, and landing restrictions.
- Carry proof of FAA registration and your Part 107 certificate when flying commercially.
- Respect private property — get written permission before flying over private land.
- When layers conflict, follow the most restrictive rule that applies.
Court decisions are shown separately under “Developing Law & Court Decisions.” They inform how rules may evolve but do not replace Layer 3.
Federal Baseline (Applies Everywhere)
These FAA requirements apply nationwide, in addition to any state and local rules below. Federal updates appear automatically on every state page.
- Choosing the Correct Operating Category. Before flying, decide whether you're flying recreationally under the Exception for Limited Recreational Operations or commercially under Part 107. The category determines which rules apply to you.
- Recreational Flying and TRUST. Recreational flyers must pass the free TRUST test, carry proof of passage, register drones over 0.55 lb, and follow the safety guidelines of an FAA-recognized community-based organization.
- Part 107 Remote Pilot Certification. Commercial drone operations require an FAA Part 107 Remote Pilot Certificate, earned by passing the Part 107 Aeronautical Knowledge Test.
- Drone Registration and Exterior Markings. Drones weighing 0.55 lb (250 g) or more must be registered with the FAA, and the registration number must be displayed on the exterior of the aircraft.
- Remote ID. Most drones that require registration must also broadcast Remote ID — a digital 'license plate' — either built-in or via an add-on broadcast module.
- Visual Line of Sight. You must keep your drone within unaided visual line of sight at all times, unless you hold a specific FAA waiver.
- General Altitude Limits. The general altitude ceiling is 400 feet above ground level, with specific allowances near structures under Part 107.
- Controlled and Uncontrolled Airspace. Flying in controlled airspace (Class B, C, D, or surface E) near airports requires prior FAA authorization; uncontrolled Class G generally does not.
Montana State Laws
Verified state statutes, regulations, and agency policies. Each item links to its official source.
Voyeurism, Harassment & Stalking
Surreptitious Visual Observation or Recordation
VerifiedIt is a crime to use a drone to record people in places where they have a reasonable expectation of privacy.
- Citation
- MCA 45-5-223
- Enforcement
- Local Law Enforcement
- Last verified
- 2026-07-24
Penalties: Misdemeanor fine up to $500 and potential jail time for repeat offenses.
Trespass & Nuisance
Criminal Trespass by Unmanned Aerial Vehicle
VerifiedDo not fly your drone at 200 feet or lower over someone else's property or home without their permission.
- Citation
- MCA 45-6-210
- Enforcement
- Local Law Enforcement
- Last verified
- 2026-07-24
Penalties: A conviction results in a flat fine of $500.
Emergency Scenes & Wildfires
Obstruction of Aerial Wildfire Suppression
VerifiedFlying a drone near a wildfire is illegal and can lead to heavy fines and liability for firefighting costs.
- Citation
- MCA 76-13-214
- Enforcement
- Department of Natural Resources and Conservation (DNRC) / Law Enforcement
- Last verified
- 2026-07-24
Penalties: A civil penalty equivalent to the reasonable costs of the interference (capped at actual flight costs) plus potential criminal misdemeanor charges.
Hunting, Fishing & Wildlife
Unlawful Use of Aircraft for Hunting
VerifiedYou cannot use a drone to scout for game or interfere with other hunters.
- Citation
- MCA 87-6-208
- Enforcement
- Montana Fish, Wildlife & Parks (FWP)
- Last verified
- 2026-07-24
Penalties: Fines ranging from $300 to $2,000, and potential forfeiture of hunting/fishing licenses for a period determined by the court.
Law-Enforcement Drone Use
Limitations on Unmanned Aerial Vehicles (Evidence)
VerifiedLaw enforcement generally cannot use drone-captured data as evidence in court without a search warrant.
- Citation
- MCA 46-5-109
- Enforcement
- Montana Judicial System
- Last verified
- 2026-07-24
Penalties: Inadmissibility of evidence.
Local & Property Rules
Federal authorization does not automatically grant permission to launch, land, or operate from a particular property.
State Parks
Drone use in Montana State Parks is generally restricted and requires a permit from Montana Fish, Wildlife & Parks (FWP) under Administrative Rule 12.8.816.
Local Government Authority
Montana does not have broad state-level preemption for drone laws, meaning local municipalities like Missoula can enact their own restrictions on takeoff and landing, though they cannot regulate the airspace itself.
Detailed local guides are being developed for selected cities — covering local parks, city- and county-owned property, filming permits, special events, public facilities, and property-manager rules.
Plan Your Next Flight in Montana
Turn the rules into a flight plan — find a place to fly, hire a local professional, or join the CityDrones pilot directory.
Montana Drone Laws FAQ
Quick answers for recreational and commercial pilots.
Are drones legal in Montana?
Drone operations are generally allowed in Montana when pilots follow FAA requirements plus all applicable state, local, and property rules. Always verify airspace and launch or landing restrictions before flying.
Do I need to register my drone in Montana?
FAA registration is a federal requirement and applies nationwide, including Montana. Whether registration is required depends on the aircraft and type of operation.
Can I fly a drone in Montana state parks?
Drone use in Montana State Parks is generally restricted and requires a permit from Montana Fish, Wildlife & Parks (FWP) under Administrative Rule 12.8.816.
Can cities in Montana make their own drone rules?
State law explicitly preempts local drone ordinances only in relation to wildfire suppression under MCA 7-1-111.
What do commercial drone pilots need in Montana?
Commercial pilots generally need to comply with FAA Part 107 requirements as well as applicable Montana, local, and property rules. Additional permits may apply to filming or operations on managed property.
Sources & Methodology
NCSL — Current Unmanned Aircraft State Law Landscape
Primary-source enacted state statutes and bill numbers.
UAV Coach — State Drone Laws Directory
State statutes + municipal local ordinances.
FlyUSI — US Drone Laws Guide
Federal / State / Local three-layer tracker, updated quarterly.
Drone Launch Academy — 50-State Directory
Commercial nuances: privacy torts, hunting, critical infrastructure.
CityDrones uses AI-assisted research to draft state law summaries, cross-checked against the authoritative directories above. Every claim is sourced to an official government or legislature page before publication, and all content is reviewed by a human editor before going live. This is educational information, not legal advice.
The 3-Layer Pre-Flight Compliance Guide
A printable checklist that walks federal, state, and local rules in the same order every time — so you can clear a legal flight before you leave the driveway.
Get it firstCityDrones provides general educational and flight-planning information, not legal advice or flight authorization. Drone laws, property rules, airspace restrictions, and temporary conditions may change. Always verify current requirements with the FAA and the appropriate government or property authority before flying.