Montana Drone Laws (2026): State Rules, Local Ordinances & FAA

Establishes criminal trespass offense for knowingly flying a drone 200 feet or lower over another person's property or residence without authorization. Exceptions exist for government and public-safety operations, peace officers, utility and broadband providers inspecting infrastructure, holders of easements with permission, and FAA-licensed commercial operators conducting legitimate business consistent with federal rules.

Prohibits use of drone-gathered information as evidence in any Montana prosecution or proceeding unless obtained under a search warrant, a judicially recognized exception to warrant requirement, or during motor-vehicle crash investigation on a public roadway. Drone-gathered information cannot be used to establish probable cause for obtaining a warrant. Satellites are expressly excluded from the definition. One of the earliest drone-surveillance warrant statutes in the nation.

Criminalizes obstruction, impedance, or interference with lawful aerial wildfire suppression by any means, including unmanned aircraft systems. Subjects violator to civil liability for actual costs of suppression operations delayed or compromised. Local governments are preempted from enacting ordinances governing private use of drones in relation to wildfires—state law alone governs this area. Government and public-safety drone operations are exempt.

Prohibits use of aircraft (including drones) to spot or locate game animals within 24 hours of hunting with that aircraft; to concentrate, pursue, drive, rally, harass, or stir up game; or to intentionally interfere with another person's hunt by disturbing animal behavior. Montana Fish and Wildlife Commission has layered additional rules banning use of drones to film a hunt or scout on the same day as hunting. Scouting on non-hunting days is permitted. Multiple narrow exceptions exist for emergencies, search and rescue, predator control by Department of Livestock, and supporting legitimate agricultural operations.

Montana Fish, Wildlife & Parks rule prohibiting launching or operating drones from state parks unless authorized by a commercial-use permit or special-use permit, or the operation occurs within an area specifically designated for such use by the park manager. Each state park manager has independent discretion to grant or deny drone operations.

Prohibits local law enforcement agencies from acquiring armored or weaponized drones through military-surplus programs. Restricts militarization of civilian drone operations at the local level.

Prohibits surreptitious recording of people in a residence or place where they have a reasonable expectation of privacy. Applies to surveillance by any means, including drone-mounted cameras recording into residential windows or private spaces.

Prohibition on Drone Operations in City Parks and Trails

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