Montana Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
Montana has enacted targeted drone regulations addressing privacy, trespass, hunting, and wildfire suppression while maintaining relatively permissive general recreational flying. The most significant recent law (SB 493, signed May 2025) establishes a criminal trespass offense for flying drones at 200 feet AGL or lower over private property without authorization, making Montana one of the few states with a specific altitude-based trespass threshold. Additional statutes restrict drone-gathered evidence in criminal prosecutions, prohibit interference with wildfire suppression operations, and ban drone use for hunting and scouting.
State Drone Laws
SB 196 (2013) - MCA 46-5-109Restriction on Use of Information Collected by Unmanned Aircraft
Information collected by a drone is inadmissible as evidence in criminal prosecutions unless obtained with a search warrant, under a judicially recognized warrant exception, or during a motor vehicle crash investigation on public roadways. One of the strongest anti-drone-surveillance protections in the United States.
HB 644 (2017) - MCA 76-13-214Prohibition on Interference with Aerial Wildfire Suppression
Prohibits any person from operating a UAS in a manner that may impede or interfere with lawful aerial wildfire suppression by state or local government. Also preempts local governments from enacting ordinances governing private drone use in relation to wildfires.
Montana Fish Wildlife and Parks Rule 12.8.816Unmanned Aircraft Use in State Parks
Prohibits launching or operating an unmanned aircraft system, drone, or model aircraft from a Montana state park unless authorized by a commercial use permit or special use permit, or unless use occurs within an area specifically designated for such use by the park manager.
MCA 45-5-223Surreptitious Recording or Surveillance
Prohibits surreptitious recording or surveillance of persons in a residence without consent. Applies to drone surveillance and imaging of private residences.
MCA 87-6-208Unlawful Use of Aircraft for Hunting
Prohibits using aircraft or unmanned aerial vehicles to pursue, drive, rally, harass, concentrate, or stir up game animals or birds, or to locate game animals for hunting. The Montana Fish and Wildlife Commission further prohibits drone scouting on the same day as hunting and prohibits filming a hunt with a drone.
SB 493 (2025)Establish the Offense of Trespass by Unmanned Aerial Vehicle
Creates a criminal offense of trespassing by unmanned aerial vehicle. Flying a drone at 200 feet AGL or lower over another person's property or residence without authorization is criminal trespass. Exceptions exist for government agencies, peace officers, utility providers, broadband service providers conducting infrastructure inspections, and FAA-licensed commercial pilots conducting legitimate business consistent with federal regulations.
SB 106 (2025)Revising Laws Related to the Use of Manned and Unmanned Aircraft While Hunting
Amended and clarified Montana laws related to the use of aircraft (manned and unmanned) while hunting. Reinforces restrictions on drone use for locating game animals, pursuing game, and filming hunts.
Local/Municipal Ordinances
Missoula
cityMissoula Municipal Code 12.40.065 — Prohibition on Drones in City Parks
Prohibits flying or launching unmanned aircraft in any Missoula City park, trail, or conservation land without prior written permission.
Restrictions
Requires written permission from the Parks and Recreation Director before operating a drone in any city park, trail, or conservation land. No drone operations allowed in these areas without explicit authorization.
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Operating a drone 200 feet AGL or lower over private property without authorization (SB 493) | Criminal Trespass | $500 per violation | None specified | Montana State Police / Local Law Enforcement | Recent 2025 law; applies regardless of intent to record or surveil |
| Surreptitious recording or surveillance of a residence via drone (MCA 45-5-223) | Class B Misdemeanor | Up to $500 | Up to 6 months | Local Law Enforcement / County Attorney | Applies to invasion of privacy via drone imaging or recording |
| Using a drone to hunt, scout, or pursue game animals (MCA 87-6-208) | Misdemeanor | $300 to $1,000 | Up to 6 months | Montana Fish, Wildlife & Parks | Also results in forfeiture of all hunting, fishing, and trapping licenses; also applies to filming hunts with drones |
| Interfering with aerial wildfire suppression operations (MCA 76-13-214) | Class B Misdemeanor | Up to $1,500 | Up to 6 months | State Fire Service / Local Authorities | Civil liability also applies for actual costs of obstructed firefighting operations (can be substantial) |
| Drone operations in Glacier or Yellowstone National Park | Federal Violation (NPS Policy Memorandum 14-05) | Up to $5,000 | Up to 6 months | National Park Service | Strictly enforced; applies to all drone operations including launching, landing, or flying within park boundaries |
Operating a drone 200 feet AGL or lower over private property without authorization (SB 493)
Recent 2025 law; applies regardless of intent to record or surveil
Surreptitious recording or surveillance of a residence via drone (MCA 45-5-223)
Applies to invasion of privacy via drone imaging or recording
Using a drone to hunt, scout, or pursue game animals (MCA 87-6-208)
Also results in forfeiture of all hunting, fishing, and trapping licenses; also applies to filming hunts with drones
Interfering with aerial wildfire suppression operations (MCA 76-13-214)
Civil liability also applies for actual costs of obstructed firefighting operations (can be substantial)
Drone operations in Glacier or Yellowstone National Park
Strictly enforced; applies to all drone operations including launching, landing, or flying within park boundaries
Registration Requirements
State Registration
Not Required
State Permit
Required
State Insurance
Not Required
Montana does not require separate state drone registration. Federal FAA registration is required for all drones over 250 grams ($5 for 3 years). Drones under 250 grams used recreationally are exempt from FAA registration but must comply with all Montana state laws, including SB 493 trespass restrictions.
Commercial use permits or special use permits are required to operate drones in Montana state parks. Each park manager independently determines whether to grant permission; there is no centralized application process. Commercial filming on state-managed lands also requires a separate film permit from the Montana Department of Commerce Film Office.
No state-mandated drone insurance requirement, but insurance is recommended for commercial operations.
Applicable Federal Regulations
Remote ID Compliance
Federal Remote ID requirement effective March 2024
All registered drones in Montana must broadcast Remote ID information. This applies to both recreational (249g+) and commercial operations. Remote ID must be broadcast using either built-in Remote ID capability or an external Remote ID module.
FAA Part 107 Certification
Commercial drone operations in Montana require FAA Part 107 Remote Pilot Certificate
Any drone operation for business or compensation requires a Part 107 certificate ($175 test fee). Montana has PSI testing centers in Billings, Missoula, Great Falls, Helena, and Bozeman. Part 107 certificate is valid for 24 months before recurrent knowledge test required.
Recreational Flying Exception (49 USC 44809)
Recreational drone flights under 55 pounds must follow specific rules
Recreational flyers must pass the TRUST test (free, online), register drones over 250g with FAA, maintain VLOS, stay under 400 feet AGL, and follow safety guidelines of an FAA-recognized Community-Based Organization. Montana's SB 493 trespass law applies to recreational flyers equally with commercial operators.
Montana Constitutional Right to Privacy (Article II, Section 10)
Montana Constitution explicitly protects individual privacy rights
Combined with MCA 46-5-109 (drone evidence restriction) and MCA 45-5-223 (surreptitious recording prohibition), Montana has one of the strongest constitutional and statutory privacy protections against drone surveillance in the United States.
Wildfire Suppression Authority
MCA 76-13-214 preempts local control; only state law applies
Montana's wildfire suppression law prohibits local governments from enacting their own drone ordinances related to wildfires. The state statute is the sole authority, ensuring consistent statewide enforcement during wildfire response operations.
National Parks and Wildlife Areas
Additional federal restrictions beyond Montana law
Glacier National Park and Yellowstone National Park (Montana portion) enforce strict NPS drone bans. Additionally, designated Wilderness Areas within National Forests ban drones as 'motorized equipment.' Wildlife Management Areas (FWP) have specific restrictions; operators must contact Montana FWP for area-specific rules.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
Montana has not enacted a drone-specific critical infrastructure statute as of this writing. Pilots remain subject to general state laws on trespass, voyeurism, privacy, and reckless endangerment, and to all federal regulations including FAA Part 107.
Read the federal preemption guide →Airspace & LAANC
LAANC Coverage
LAANC authorization available at 726 airports nationwide, including Montana locations near Billings, Bozeman, Great Falls, Missoula, and Helena. Recreational and Part 107 pilots can obtain near-real-time authorizations for flights under 400 feet in controlled airspace around these airports.
Major Airports
BIL — Billings Logan International Airport (Class D)BZN — Bozeman Yellowstone International Airport (Class D)GTF — Great Falls International Airport (Class D; Malmstrom AFB nearby)MSO — Missoula International Airport (Class D)HLN — Helena Regional Airport (Class D)
TFR Notice
Temporary Flight Restrictions (TFRs) common during active wildfires (May-October), emergency response operations, and special events. Montana's extensive wildfire season creates frequent TFRs, especially in National Forests (Flathead, Gallatin, Helena-Lewis and Clark) and Wilderness Areas. Check NOTAMs and UAS Facility Maps before every flight.
Recent Enforcement Actions & News
Yellowstone Osprey Nest Incident
enforcementA California tourist flew a drone near an osprey nest in Yellowstone National Park in early June 2025, causing nesting birds to flee in panic. A witness photographed the violation. When confronted, the drone operator first landed the drone on the witness's vehicle, then flew it above the witness's head in an intimidation attempt. The National Park Service cited the tourist, who faces up to 6 months in jail and a $5,000 fine.
Second Yellowstone Drone Violation by Same Operator
enforcementVideo surfaced in August 2025 showing a drone operating over Grand Prismatic Spring in Yellowstone National Park. Evidence suggests it was the same individual from the June osprey nest incident.
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| University of Montana | The University of Montana requires drone operators to coordinate with campus police and the Office of Risk Management before conducting any UAS operations on university property. Restrictions: Prior coordination with campus police and Office of Risk Management is mandatory. Specific flight restrictions may apply to areas near buildings, athletic fields, or during special events. | Yes | Office of Risk Management / Campus Police |
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.0). While we strive for accuracy, always verify critical information with official state sources.
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