FAA rules govern airspace, while Montana law (MCA 45-8-213, 46-5-109) prohibits drone surveillance of private property and protected uses. Local governments cannot regulate flight, but state privacy and trespass statutes apply uniformly statewide.
Recreational drone operators in Montana must follow Federal Aviation Administration Part 107 and recreational rules, which preempt local airspace regulation. State law adds restrictions: MCA 45-8-213 makes it unlawful to use a drone to capture images of identifiable individuals on private property without consent, and MCA 46-5-109 restricts law-enforcement drone surveillance without a warrant. Drone use to harass hunters or anglers is prohibited under MCA 87-3-142. Local governments may regulate take-off and landing on city property, but cannot regulate flight, navigation, or operation in airspace—those powers belong to the FAA and the state legislature.
Privacy violations may be misdemeanors with up to six months jail or $500 fines; civil claims for invasion of privacy and trespass are also available.
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