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Idaho Statewide Rule

Idaho Commercial Drone Operations Follow FAA Part 107

Some RestrictionsApplies statewide across Idaho (2026)

Key Facts

Federal rule
14 CFR Part 107
Pilot certificate
Required
Altitude limit
400 feet AGL
State privacy
Idaho Code 21-213
Hunting use
Prohibited
Last verified: September 5, 2026Source: Idaho Legislature

Summary

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.

(b) No person, entity, or local, state, or federal agency shall use an unmanned aircraft system to photograph or otherwise record an individual, without such individual's written consent, for the purpose of publishing or otherwise publicly disseminating such photograph or recording.

Source: Idaho LegislatureView official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Do I need both an FAA license and an Idaho permit?
Commercial pilots need an FAA Part 107 Remote Pilot Certificate. Idaho has no separate commercial drone license, but operators must comply with Idaho Code 21-213 privacy rules and any landowner permission.
Can I use a drone for real estate photography?
Yes, with an FAA Part 107 certificate and the property owner's consent. Photographing neighboring properties without their written consent could trigger Idaho Code 21-213 surveillance liability.
Can cities require local drone permits?
Cities cannot regulate airspace or flight operations, which are exclusively FAA jurisdiction. They may regulate takeoff and landing from city property and impose privacy or trespass standards consistent with state law.

Sources

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