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North Dakota Drone Laws

Complete guide for commercial and recreational UAS operators

Permissive Regulatory Environment
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State Overview

North Dakota maintains a permissive regulatory environment for drone operations with no state registration requirements for general recreational or commercial flying beyond federal FAA rules. The state's primary drone statute (NDCC Chapter 29-29.4) focuses on law enforcement surveillance protections and warrant requirements rather than restricting civilian operations. Key restrictions include wildlife management area protections, State Capitol airspace rules, and specialized licensing for agricultural aerial application.

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State Drone Laws

NDCC § 29-29.4-02

Surveillance by Unmanned Aerial Vehicle - Warrant Requirement and Inadmissibility

Law Enforcement

Information gathered by a drone or robot is not admissible in any North Dakota prosecution or proceeding unless obtained under a search warrant or a recognized exception to the warrant requirement. Warrantlessly obtained information cannot be used to build probable cause for a warrant.

Effective: Apr 29, 2025Evidence inadmissible in court proceedings
View source
NDCC § 29-29.4-03

Surveillance Warrant Requirements

Law Enforcement

Establishes requirements for surveillance warrants, which must satisfy the North Dakota Constitution and include detailed data-collection statements specifying authorization authority, operational area, duration, data collection methods, retention periods, and destruction timelines.

Effective: Apr 29, 2025Warrant requirements mandatory for all law enforcement drone surveillance
View source
NDCC § 29-29.4-04

Exceptions to Warrant Requirement

Law Enforcement

Establishes narrow exceptions to warrant requirement: law enforcement patrolling within 25 miles of the Canadian border, genuine exigent circumstances with reasonable suspicion of imminent danger to life, environmental or weather disasters, and research, education, training, and testing by North Dakota schools, universities, and collaborators.

Effective: Apr 29, 2025Defines exceptions; violations outside exceptions are inadmissible
View source
NDCC § 29-29.4-05

Prohibition on Armed Drones and Private Surveillance

Law Enforcement

Prohibits law enforcement from authorizing any drone armed with lethal weapons. Permits less-than-lethal weapons (Tasers, pepper spray, beanbag rounds, rubber bullets) only if remotely controlled and incapable of autonomous activation, and only after agency adopts use-of-force policy. Prohibits private persons from using drones to surveil another private person without informed consent or property owner consent.

Effective: Apr 29, 2025Class A misdemeanor for unauthorized private surveillance: up to 360 days imprisonment and/or $3,000 fine
View source
NDCC § 29-29.4-06

Recordkeeping Requirements for Surveillance Operations

Law Enforcement

Requires law enforcement to maintain flight logs for drone surveillance operations for five years. Imagery not tied to a crime or active investigation must be deleted within ninety days.

Effective: Apr 29, 2025Recordkeeping violation by law enforcement
View source
NDCC § 20.1-01-11

Prohibition on Using Aircraft to Kill, Chase, or Harass Wildlife

hunting

Prohibits anyone operating an aircraft, including drones, from intentionally killing, chasing, or harassing any wild animal or bird. Specifically applies to drone use for spotting or scouting game in the days before and during hunting season.

Effective: Jan 1, 1980Class B misdemeanor under Title 20.1 hunting regulations
View source
NDCC § 20.1-01-31

Prohibition on Unmanned Aircraft Interfering with Lawful Hunts

hunting

Specifically prohibits use of aerial vehicles that do not carry a human operator (drones and unmanned aircraft) from interfering with a lawful hunt or harassing, driving, or disturbing wildlife.

Effective: Jan 1, 1980Title 20.1 violation enforced by Game and Fish Department
View source
NDCC § 12.1-21-06

Tampering with or Damaging Critical Infrastructure

Critical Infrastructure

Makes it a crime to tamper with or damage a critical infrastructure facility, with enumerated list including refineries, electrical generation and substations, water and wastewater plants, telecom, rail, dams, gas processing, and oil and gas pipelines, tanks, storage, and production sites. Using a drone to damage or tamper would constitute a violation of this statute.

Effective: Jan 1, 1997Class C felony when done intentionally (up to 5 years imprisonment); Class A misdemeanor when knowing or reckless (up to 1 year imprisonment and/or $3,000 fine)
View source
ND Game and Fish WMA Regulation

Drones Prohibited on Wildlife Management Areas

wildlife

North Dakota Game and Fish Department prohibits drones and any unmanned radio-controlled aircraft on its wildlife management areas unless authorized by the director. Applies to more than 200 WMAs across the state.

Effective: Jan 1, 2000Game and Fish enforcement violation; Title 20.1 penalties apply
View source
Bismarck State Capitol Complex Rule

Prohibition on Drones Inside State Capitol Complex

General

Drone use inside the State Capitol Complex in Bismarck is prohibited without prior written approval. Operators must submit a Capitol Use Request Form to Facility Management at least 15 days in advance and obtain written response.

Effective: Jan 1, 2010Facility use violation; enforcement by Capitol Facility Management
View source
NDAC § 6-02-02

State Aerial Applicator License for Crop Spraying with Drones

Commercial Operations

North Dakota requires a state aerial applicator license from the North Dakota Aeronautics Commission for anyone using a drone to spray or dispense crop chemicals. Aircraft must be registered with the Commission, comply with safety standards, not exceed 500 pounds maximum operating weight. Pilot must hold commercial pesticide certification from NDSU Extension. Annual safety meeting attendance required.

Effective: Jan 1, 2000Operating without state license is a licensing violation; subject to FAA and state enforcement
View source
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Local/Municipal Ordinances

Grand Forks

city
Class D Airspace and UAS Hub Operations

Grand Forks International Airport (GFK) is Class D controlled airspace anchoring the state's unmanned aviation cluster, including Grand Sky UAS business park, Northern Plains UAS Test Site, UND Aerospace, and Vantis BVLOS network.

Restrictions

LAANC authorization required for flights in Class D controlled ring. Grand Forks Air Force Base restricted airspace nearby with counter-drone defense operations may be active.

View source

Bismarck

city
State Capitol Complex Drone Restriction

Drone use prohibited inside the State Capitol Complex without prior written approval from Facility Management.

Restrictions

Capitol Use Request Form required with minimum 15 days advance notice. Capitol sits within 5-mile zone of Bismarck Municipal Airport (BIS) Class D airspace, requiring additional FAA LAANC authorization.

View source

Fargo

city
Class D Airspace - Hector International Airport

Fargo's primary airport, Hector International (FAR), is Class D controlled airspace with control tower.

Restrictions

LAANC authorization required for flights in controlled ring.

View source
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Penalty & Fine Schedule

Private drone surveillance without consent (NDCC § 29-29.4-05)

ClassificationClass A Misdemeanor
FineUp to $3,000
ImprisonmentUp to 360 days
EnforcementState's Attorneys, Local Law Enforcement

Civil liability also possible for invasion of privacy damages

Law enforcement drone armed with lethal weapon (NDCC § 29-29.4-05)

ClassificationProhibited
FineAdministrative agency violation
ImprisonmentN/A
EnforcementAgency oversight, state oversight

Less-than-lethal weapons permitted only under strict conditions: remote control, no autonomous activation, agency use-of-force policy required

Using aircraft (including drone) to kill, chase, or harass wildlife (NDCC § 20.1-01-11)

ClassificationClass B Misdemeanor
FineUp to $1,000
ImprisonmentUp to 30 days
EnforcementNorth Dakota Game and Fish Department, Wildlife Wardens

Includes scouting game before or during hunting season

Using unmanned aircraft to interfere with lawful hunt (NDCC § 20.1-01-31)

ClassificationTitle 20.1 Violation
FinePer departmental rules
ImprisonmentVaries
EnforcementNorth Dakota Game and Fish Department

Includes harassing, driving, or disturbing wildlife with unmanned aircraft

Drone operation on Wildlife Management Area without director authorization

ClassificationTitle 20.1 Violation
FinePer departmental rules
ImprisonmentN/A
EnforcementNorth Dakota Game and Fish Department

Applies to 200+ WMAs across the state

Tampering with or damaging critical infrastructure with drone (NDCC § 12.1-21-06)

ClassificationClass C Felony (intentional); Class A Misdemeanor (knowing/reckless)
FineUp to $5,000 (Class A misdemeanor); felony fines per court
ImprisonmentUp to 5 years (felony); up to 1 year (Class A misdemeanor)
EnforcementState's Attorneys, Law Enforcement

Covers refineries, electrical generation, pipelines, water treatment, telecom, rail, dams, and gas processing facilities

Operating aerial applicator drone without state license (NDAC § 6-02-02)

ClassificationLicensing Violation
Fine$200 license fee; operating without is violation
ImprisonmentN/A
EnforcementNorth Dakota Aeronautics Commission, FAA

Required for crop spraying; applicant must also hold FAA Part 107 and Part 137 certificates, NDSU pesticide certification

Drone use inside State Capitol Complex without approval

ClassificationFacility Use Violation
FinePer facility rules
ImprisonmentN/A
EnforcementCapitol Facility Management, Security

Requires Capitol Use Request Form, 15 days advance notice

Drone flight in National Park Service units (Theodore Roosevelt NP, Knife River, Fort Union)

ClassificationFederal Petty Offense
FineUp to $5,000
ImprisonmentUp to 6 months
EnforcementNational Park Service Rangers, Federal Court

All three Theodore Roosevelt NP units (South Unit, North Unit, Elkhorn Ranch) prohibit drone launches and landings

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Registration, Fees & Taxes

North Dakota imposes state-level registration, licensing, insurance, or fee requirements

Commercial operators: budget for the state fees below before operating here. Federal FAA registration is still required separately.

State Registration

Not Required

State Permit

Not Required

State Insurance

Not Required

Commercial License

Not Required

Sales Tax on Drones

Does Not Apply

Other Fees
  • North Dakota Unmanned Aerial Applicator License $200Required for anyone using a drone to spray or dispense crop chemicals. Administered by North Dakota Aeronautics Commission. Applicant must also hold FAA Part 107 Remote Pilot Certificate and FAA Part 137 Agricultural Aircraft Operator Certificate, plus NDSU Extension pesticide certification. Annual safety meeting attendance required.

North Dakota does not require state registration for general recreational or commercial drone operations beyond federal FAA registration ($5 for 3 years). The only exception is aerial applicators using drones to spray crop chemicals, which requires a $200 state Unmanned Aerial Applicator License from the North Dakota Aeronautics Commission. North Dakota does not classify drones as 'aircraft' for state tax purposes; standard North Dakota sales and use tax applies to drone purchases at the normal rate.

No state-level permit required for general recreational or commercial operations. Agricultural aerial applicators require $200 state Unmanned Aerial Applicator License from ND Aeronautics Commission. Drone flights inside State Capitol Complex require Capitol Use Request Form (minimum 15 days advance notice to Facility Management). Commercial operators in Class D controlled airspace need FAA LAANC authorization (federal, not state requirement).

North Dakota does not mandate liability insurance for recreational or commercial drone operations. Insurance is recommended by industry but not required by state law.

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Applicable Federal Regulations

FAA Part 107 Commercial Operations

Commercial drone operators in North Dakota must hold an FAA Remote Pilot Certificate obtained by passing the FAA aeronautical knowledge test ($175 test fee).

All commercial drone operations fall under FAA Part 107 Small UAS Rule. North Dakota adds no state-level commercial licensing requirement beyond the federal Part 107 certificate. Testing centers are available in Bismarck, Fargo, and Grand Forks.

Recreational Operations - TRUST Test

Recreational drone pilots must pass the free Recreational UAS Safety Test (TRUST) prior to flying.

TRUST is available online through multiple FAA-approved test administrators. Completion certificate must be carried during flight. No North Dakota state license required for recreational operations.

Remote ID Requirement

All registered drones must have Remote ID capability active as of March 16, 2024.

Drones over 0.55 pounds must broadcast Remote ID information during flight or operate within a FAA-Recognized Identification Area (FRIA). Standard Remote ID, broadcast module, or FRIA operation all satisfy the requirement.

FAA Registration

Drones over 0.55 pounds (250 grams) require FAA registration at FAADroneZone for $5 valid for 3 years.

Registration number must be marked on the aircraft exterior. Both recreational and commercial drones require registration. Registration applies nationwide.

Altitude and Visual Line of Sight

FAA standard limits apply: 400 feet AGL maximum, visual line of sight required unless specifically waivered.

North Dakota does not lower the FAA altitude ceiling. VLOS requirement applies to all recreational and commercial flights unless a specific BVLOS waiver is granted. Vantis network enables BVLOS for qualifying commercial operators.

FAA Part 137 Agricultural Aircraft Operations

Agricultural aerial application falls under 14 CFR Part 137 in addition to Part 107 and North Dakota state licensing.

Operators spraying crops with drones must comply with Part 137 safety rules, obtain FAA Part 107 certificate, obtain FAA Part 137 Agricultural Aircraft Operator Certificate, obtain North Dakota Aeronautics Commission Unmanned Aerial Applicator License ($200), and hold NDSU Extension pesticide certification.

Vantis BVLOS Network (Activated 2026)

North Dakota operates the most advanced statewide beyond-visual-line-of-sight (BVLOS) infrastructure in the nation, activated in 2026.

Qualifying commercial operators can conduct BVLOS flights at up to 400 feet without chase aircraft, including nighttime operations using Casia G Release 4.0 detect-and-avoid technology. Northern Plains UAS Test Site in Grand Forks serves as the development hub. Vantis enables routine BVLOS operations across thousands of miles of approved airspace, a capability unavailable in other states.

For complete federal regulations, see our Federal Regulations page.

Federal Preemption & Critical Infrastructure

North Dakota 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 →
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Airspace & LAANC

LAANC Coverage

LAANC is available at major North Dakota airports: Fargo (FAR - Hector International), Bismarck (BIS - Bismarck Municipal), Grand Forks (GFK - Grand Forks International), and Minot. LAANC authorization required for flights in Class D controlled airspace rings. Vantis BVLOS network activated in 2026, enabling statewide beyond-visual-line-of-sight operations for qualifying commercial operators up to 400 feet without chase aircraft, including nighttime operations.

Major Airports

  • FAR — Hector International Airport (Fargo)
  • BIS — Bismarck Municipal Airport (Bismarck)
  • GFK — Grand Forks International Airport (Grand Forks)
  • MIB — Minot International Airport (Minot)

TFR Notice

Check B4UFLY app for active Temporary Flight Restrictions (TFRs) and controlled airspace. Theodore Roosevelt National Park (South Unit, North Unit, Elkhorn Ranch), Knife River Indian Villages NHS, and Fort Union Trading Post NHS are National Park Service units where drones are prohibited. National Grasslands (Little Missouri, Sheyenne, Cedar River) are generally open to recreational drone flights. Wildlife Management Areas require director authorization.

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Recent Enforcement Actions & News

No recent enforcement actions or news on record.

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University & College Drone Policies

InstitutionPolicy SummaryPermit RequiredContact
University of North Dakota

UND hosts the UAS Center of Excellence and Northern Plains UAS Test Site, one of six FAA-designated UAS test sites established in 2013. UND operates an accredited UAS aerospace program and is a leading institution for UAS research, education, and advanced operations. The university distinguishes between academic/research and non-academic drone flights on campus.

Restrictions: Non-academic drone flights require coordination with campus safety and prior approval. Academic and research flights managed through the UAS Center of Excellence and Northern Plains UAS Test Site. Stadium TFRs apply during athletic events. Flights over campus buildings, crowds, or parking areas prohibited without special authorization.

YesUAS Center of Excellence; Campus Safety Office
University drone policies may change. Contact the institution directly to confirm current requirements before flying on campus.
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Last Updated

Last verified:

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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