North Dakota Drone Laws (2026): State Rules, Local Ordinances & FAA
Complete guide for commercial and recreational UAS operators
State Overview
North Dakota maintains a permissive regulatory environment for drone operations, with no state-level registration requirements and no city/county ordinances. The state is known for its advanced UAS infrastructure (Vantis BVLOS network, Grand Forks ecosystem) and is home to the Northern Plains UAS Test Site. However, North Dakota has well-established surveillance warrant requirements, hunting prohibitions, critical infrastructure protections, and specialized licensing for crop spraying drones.
State Drone Laws
NDCC 29-29.4-01 through 29-29.4-06Surveillance by Unmanned Aerial Vehicle
Comprehensive law regulating law enforcement and private drone use. Requires search warrant for LE surveillance with limited exceptions (border patrol within 25 miles, exigent circumstances, disasters, research/education). Prohibits arming drones/robots with lethal weapons. Allows less-than-lethal weapons only if remotely controlled and non-autonomous, after agency adopts use-of-force policy. Prohibits private drone surveillance without consent or property owner authorization. Requires 5-year flight logs and 90-day imagery retention for LE. Amended and reenacted in 2025 to address robots alongside drones.
NDCC 20.1-01-11Hunting - Use of Aircraft to Kill, Chase, or Harass Wildlife
Prohibits operating any aircraft, including drones, to intentionally kill, chase, or harass any wild animal or bird. Prohibits using aircraft to spot game before or during hunting season. Game and Fish Department proclamation explicitly includes drones within this prohibition.
NDCC 20.1-01-31Hunting - Unmanned Aircraft Interference with Lawful Hunts
Specifically prohibits using an unmanned aerial vehicle (drone) to interfere with lawful hunts, or to harass, drive, or disturb wildlife.
NDCC 12.1-21-06Criminal Code - Tampering with or Damaging Critical Infrastructure
Makes it a crime to tamper with or damage critical infrastructure facilities, including refineries, electrical generation/substations, water/wastewater plants, telecom, rail, dams, gas processing, and oil/gas pipelines and production sites. While the statute does not specifically mention drones, using a drone to damage or tamper with critical infrastructure would constitute a serious felony. Simple overflight without interference is not a violation under this statute.
ND Game and Fish Department WMA RuleWildlife Management Area Drone Prohibition
North Dakota Game and Fish Department prohibits the use of drones or any unmanned radio-controlled aircraft on wildlife management areas (200+ WMAs across state) unless specifically authorized by the director.
NDAC 6-02-02Aerial Applicator License and Drone Registration - Crop Spraying
North Dakota Aeronautics Commission requires a state aerial-applicator license for any drone used to spray or dispense crop chemicals. Drone must be registered with the Commission first. Maximum operating weight: 500 pounds. Pilot must hold FAA Remote Pilot Certificate (Part 107), FAA Part 137 Agricultural Aircraft Operator Certificate, and commercial pesticide certification from NDSU Extension. Pilot must attend one approved safety meeting per year.
State Capitol Complex Facility RuleDrone Use Restrictions - North Dakota State Capitol (Bismarck)
Drone use inside the State Capitol Complex in Bismarck is prohibited without prior written authorization. Operators must submit a Capitol Use Request Form to Capitol Facility Management at least 15 days in advance and await written approval. Capitol sits within Class D airspace around Bismarck Municipal Airport, so FAA LAANC authorization is also required.
Local/Municipal Ordinances
Bismarck
cityState Capitol Complex Drone Restriction
Drone use within the State Capitol Complex is prohibited without authorized permission
Restrictions
No drones allowed inside Capitol Complex boundaries. Capitol Use Request Form required with 15+ days advance notice. LAANC authorization also required (Bismarck Municipal Airport Class D airspace).
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Unauthorized drone surveillance of private person without consent (NDCC 29-29.4-05) | Class A Misdemeanor | Up to $3,000 | Up to 360 days | State's attorneys, local police, county sheriffs, Highway Patrol | Civil liability also possible for invasion of privacy damages |
| Law enforcement drone surveillance without warrant (NDCC 29-29.4-02, 29-29.4-03) | Evidence suppression; inadmissible in court | N/A | N/A | Courts; defendant motion to suppress | Evidence obtained without warrant cannot be used in prosecution or to establish probable cause |
| Arming law enforcement drone with lethal weapon (NDCC 29-29.4-05) | Prohibited; may constitute separate crime | Varies | Varies | State/federal authorities, Attorney General | Absolute prohibition on lethal-weapon drones. Less-than-lethal allowed only if remotely controlled, non-autonomous, and agency has use-of-force policy. |
| Using aircraft/drone to kill, chase, or harass wildlife (NDCC 20.1-01-11) | Class B Misdemeanor | Up to $1,000 | Up to 30 days | ND Game and Fish wardens, local law enforcement | Includes scouting game before or during hunting season |
| Using drone to interfere with lawful hunt or harass wildlife (NDCC 20.1-01-31) | Class B Misdemeanor (Title 20.1) | Up to $1,000 | Up to 30 days | ND Game and Fish wardens | Specific drone application of wildlife harassment prohibition |
| Drone on Game and Fish wildlife management area without authorization | Prohibited; Title 20.1 violation | Up to $1,000 | Up to 30 days | ND Game and Fish wardens | 200+ WMAs across state require director authorization for any drone use |
| Tampering with or damaging critical infrastructure with drone (NDCC 12.1-21-06) | Class C Felony (intentional); Class A Misdemeanor (knowing/reckless) | Class C: up to $5,000; Class A: up to $3,000 | Class C: up to 5 years; Class A: up to 360 days | State's attorneys, law enforcement, Highway Patrol | Covers refineries, electrical substations, water treatment, telecom, rail, dams, gas, oil/gas facilities. Overflight alone is not a violation; must cause damage or interference. |
| Operating spray drone without state aerial-applicator license (NDAC 6-02-02) | Licensing/regulatory violation | $200 license fee required; operating without is violation | N/A | ND Aeronautics Commission, state's attorneys | Required for any drone spraying/dispensing crop chemicals. Pilot must have Part 107 + Part 137 + NDSU pesticide cert + state license. |
| Drone use in State Capitol Complex without permission | Prohibited | Varies | Varies | Capitol Facility Management, Bismarck Police | Also subject to LAANC requirements (Class D airspace around Bismarck Municipal Airport) |
Unauthorized drone surveillance of private person without consent (NDCC 29-29.4-05)
Civil liability also possible for invasion of privacy damages
Law enforcement drone surveillance without warrant (NDCC 29-29.4-02, 29-29.4-03)
Evidence obtained without warrant cannot be used in prosecution or to establish probable cause
Arming law enforcement drone with lethal weapon (NDCC 29-29.4-05)
Absolute prohibition on lethal-weapon drones. Less-than-lethal allowed only if remotely controlled, non-autonomous, and agency has use-of-force policy.
Using aircraft/drone to kill, chase, or harass wildlife (NDCC 20.1-01-11)
Includes scouting game before or during hunting season
Using drone to interfere with lawful hunt or harass wildlife (NDCC 20.1-01-31)
Specific drone application of wildlife harassment prohibition
Drone on Game and Fish wildlife management area without authorization
200+ WMAs across state require director authorization for any drone use
Tampering with or damaging critical infrastructure with drone (NDCC 12.1-21-06)
Covers refineries, electrical substations, water treatment, telecom, rail, dams, gas, oil/gas facilities. Overflight alone is not a violation; must cause damage or interference.
Operating spray drone without state aerial-applicator license (NDAC 6-02-02)
Required for any drone spraying/dispensing crop chemicals. Pilot must have Part 107 + Part 137 + NDSU pesticide cert + state license.
Drone use in State Capitol Complex without permission
Also subject to LAANC requirements (Class D airspace around Bismarck Municipal Airport)
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
Applies
5.5% state sales tax, plus local option sales tax (varies 1-2.5% by jurisdiction, typical combined rate 6.5-8%)
- Sales Tax on Purchases
- 5.5% state sales tax, plus local option sales tax (varies 1-2.5% by jurisdiction, typical combined rate 6.5-8%)
- Other Fees
- Aerial Applicator License (Crop Spraying Drones) — $200Required by ND Aeronautics Commission for any drone used to spray or dispense crop chemicals. Pilot must also hold FAA Part 107, Part 137, and NDSU pesticide certification.
- Annual Safety Meeting (Aerial Applicators) — Included with licensing or PAASS meetingAerial applicators must attend one approved safety meeting per year, either through ND Aeronautics Commission or PAASS (Professional Aerial Applicators Safety Seminar).
North Dakota does not require state-level drone registration beyond the FAA's $5 federal registration (3-year term). Exception: drones used for commercial crop spraying require registration with the North Dakota Aeronautics Commission as part of obtaining the state aerial-applicator license ($200 fee). Recreational and standard commercial (non-spraying) operations have no additional state registration requirement. Drones are not classified as 'aircraft' under ND tax law for registration purposes.
No state-level permit required. Exception: Capitol Complex flights require Capitol Use Request Form (15+ days advance notice, submitted to Facility Management). Local jurisdictions may have specific rules on takeoff/landing.
No state-mandated insurance requirement. Commercial operators often carry liability insurance as business practice.
Applicable Federal Regulations
FAA Part 107 Commercial Operations
All commercial drone operations require FAA Remote Pilot Certificate
North Dakota has no state-level commercial licensing requirement beyond FAA Part 107. Pilots must pass knowledge test ($175 fee, 60 questions, valid 24 months). Testing centers available in Bismarck, Fargo, and Grand Forks. North Dakota does not recognize any additional state commercial drone license.
Recreational TRUST Test
Free online aeronautical safety test required for recreational flyers
Recreational pilots in ND must pass the TRUST (The Recreational UAS Safety Test) before flying. Completion certificate must be carried when operating. Test is free online through FAA-approved administrators.
Remote ID Requirement
All drones must broadcast Remote ID via standard module, broadcast module, or operation within FRIA
Mandatory since March 16, 2024, for all drones operating outside FAA-Recognized Identification Areas (FRIAs). North Dakota does not waive this requirement.
400-foot Altitude Limit
Maximum altitude for most UAS operations
North Dakota does not impose additional altitude restrictions below the FAA 400 ft AGL ceiling. Some LAANC authorizations in controlled airspace may request lower altitudes near airports.
Visual Line of Sight (VLOS) and Vantis BVLOS Network
Daytime/civil twilight VLOS required; beyond-visual-line-of-sight waivers available via Vantis
North Dakota operates Vantis, a statewide beyond-visual-line-of-sight (BVLOS) infrastructure system activated in 2026. Qualifying commercial operators can conduct BVLOS flights up to 400 ft across most of the state using detect-and-avoid technology, including nighttime operations. This is the most advanced BVLOS infrastructure in the nation.
14 CFR Part 137 - Agricultural Aircraft Operations
Federal regulation covering crop-spraying aircraft, including drones
Any drone used for crop spraying in ND must comply with Part 137 in addition to Part 107 and state aerial-applicator licensing requirements. Pilot must have Part 107 certificate, Part 137 Agricultural Aircraft Operator Certificate, NDSU pesticide certification, and ND state aerial-applicator license.
National Park Service Drone Ban
Drones prohibited at all NPS units in North Dakota
Theodore Roosevelt National Park (3 units: South Unit, North Unit, Elkhorn Ranch), Knife River Indian Villages NHS, and Fort Union Trading Post NHS all prohibit drone launches and landings per 36 CFR § 1.5 and NPS Policy Memorandum 14-05. Special filming permits do not authorize drone operations.
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 →Airspace & LAANC
LAANC Coverage
LAANC (Low Altitude Authorization and Notification Capability) is available in controlled airspace around the three major North Dakota airports: Hector International (Fargo - FAR), Bismarck Municipal (BIS), and Grand Forks International (GFK), all Class D. LAANC authorization is required for flights under 400 feet in these controlled airspace rings.
Major Airports
FAR — Hector International Airport (Fargo)BIS — Bismarck Municipal AirportGFK — Grand Forks International AirportMOT — Minot International Airport
TFR Notice
Check NOTAMs for Temporary Flight Restrictions. Grand Forks AFB and Minot AFB create large restricted military airspace zones (no LAANC authorization available). Theodore Roosevelt National Park, Knife River Indian Villages NHS, and Fort Union Trading Post NHS prohibit drone launches and landings per NPS policy. FIFA World Cup 2026 venues in North Dakota will have TFRs during events.
Recent Enforcement Actions & News
HB 1613 Signed - NDCC 29-29.4 Amended and Reenacted
legislationGovernor signed HB 1613, comprehensively amending North Dakota's drone and robot surveillance law (NDCC 29-29.4). Updates included expanded framework for 'robots' alongside drones, refined conditions for less-than-lethal weapons on police drones/robots, and clarified warrant requirements and recordkeeping obligations.
FAA Launches DETER Program for Faster Drone Enforcement
regulatory changeFAA launched new DETER (Detect and Enforcement Response) program to expedite enforcement actions against drone operators violating airspace rules and TFRs nationwide. Program offers fast-track penalties for first-time offenders.
FAA Stepping Up Drone Enforcement Guidance
regulatory changeFAA announced increased enforcement focus on drone safety violations and airspace infractions. Updated enforcement guidance being applied to Part 107 operators and recreational pilots.
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| University of North Dakota | UND is a leading institution in uncrewed aircraft systems education, operating the UAS Center of Excellence and hosting the Northern Plains UAS Test Site (one of seven FAA-designated test sites). Campus drone operations are actively managed through research and educational programs. Restrictions: Non-academic/research flights require coordination with UAS Center of Excellence and campus safety. Flights over buildings, crowds, parking areas, or during athletic events require additional authorization. Academic flights managed through center's research programs. | Yes | UAS Center of Excellence / UND Campus Safety; https://und.edu/programs/unmanned-aircraft-system-operations-ms/ |
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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