Commercial drone use in Idaho is governed primarily by FAA Part 107, which preempts most state and local regulation of airspace. Idaho Code 21-213 still applies to surveillance and privacy, and law enforcement evidence-gathering by drone requires a warrant under state law.
Federal Aviation Administration regulations at 14 CFR Part 107 establish the operational framework for commercial drone pilots: remote pilot certification, daylight or civil-twilight operation rules, visual line-of-sight requirements, 400-foot altitude ceiling, and waivers for night, beyond-visual-line-of-sight, or operations over people. These federal rules preempt state and local airspace regulation. Idaho Code 21-213 supplements federal rules with privacy protections that apply equally to commercial operators: written consent is required before targeted surveillance of individuals or private property. Idaho Code 21-213A also governs use of drones for hunting and wildlife harassment, prohibiting drone use to take or scout game animals. Commercial pilots flying over public lands may need additional permits from Idaho Department of Lands or federal land managers.
FAA enforcement may impose civil penalties up to $32,666 per violation. Idaho Code 21-213 adds civil liability of $1,000+ for surveillance violations. Hunting violations under 21-213A are misdemeanors.
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