Montana Drone Laws

Establishes the offense of criminal trespass by unmanned aerial vehicle. Knowingly flying a drone 200 feet or lower over another person's property or residence without authorization is a criminal offense. Exceptions apply to government and public-safety operations, peace officers, easement holders with permission, utility and broadband providers conducting infrastructure inspections, and FAA-licensed operators conducting legitimate business consistent with federal regulations.

Restricts the admissibility of information gathered by a drone in any Montana prosecution or proceeding unless obtained under a search warrant, under a judicially recognized exception to the warrant requirement, or while investigating a motor-vehicle crash on a public roadway. The same information cannot be used to build probable cause for a warrant unless obtained through one of these methods. Satellites are expressly excluded from the definition.

Makes it illegal to obstruct, impede, or interfere with lawful aerial wildfire suppression by any means. Unmanned aircraft systems are specifically named in the statute. Violators are liable for costs equivalent to the damage caused by their interference, which can include air tanker operation costs. Government and public-safety drone operations are exempt. Local governments are prohibited from enacting ordinances governing private drone use in relation to wildfires.

Prohibits using drones or manned aircraft to spot, locate, or concentrate game animals; to pursue, drive, rally, harass, or stir up any game; to intentionally interfere with a hunt; or to spot an animal and radio its location to a hunter within 24 hours of using the aircraft. Montana Fish and Wildlife Commission rules further prohibit drone use to film hunts or scout on the same day as hunting. Scouting on non-hunting days is permitted. Applies to all game birds and animals.

Prohibits launching or operating a drone or unmanned aircraft system from a state park unless authorized by a commercial use permit, special use permit from the park manager, or if conducted in an area specifically designated for such use by the park manager. No centralized application process; operators must contact the individual park manager for authorization.

Prohibits using any device, including drones, to surreptitiously observe, record, or photograph a person in a residence or in a state of undress with intent to arouse or gratify, knowing the person has a reasonable expectation of privacy. Applies to drone-based surveillance.

Prohibits local law enforcement from acquiring armored or weaponized drones through military-surplus programs.

Establishes that wildfire-related drone regulations are a statewide matter. Local governments are prohibited from passing ordinances governing the private use of drones in relation to wildfires. Wildfire drone rules are controlled exclusively by the state.

Prohibition on Drones in City Parks and Trails

The city prohibits flying or launching a drone in any city park, trail, or conservation land without written permission from the Parks and Recreation Director.