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Idaho Statewide Rule

Idaho Restricts Drone Surveillance and Privacy Statewide

Some RestrictionsApplies statewide across Idaho (2026)

Key Facts

Statute
Idaho Code 21-213
Consent required
Written, for surveillance
Min damages
$1,000 plus fees
Airspace authority
FAA preempts
Local altitude rules
Not permitted
Last verified: August 21, 2026Source: Idaho Legislature

Summary

Idaho Code 21-213 prohibits using unmanned aircraft systems to conduct surveillance, gather evidence, or photograph specifically targeted persons or private property without written consent. The statute applies uniformly statewide, and recreational pilots also face FAA federal preemption on airspace operations.

(2) (a) No person, entity or state agency shall use an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record specifically targeted persons or specifically targeted private property, including but not limited to: (i) An individual or a dwelling owned by an individual and such dwelling's curtilage, without such individual's written consent; (ii) A farm, dairy, ranch or other agricultural industry, or commercial or industrial property, without the written consent of the property owner.

Source: Idaho LegislatureView official code

Full Breakdown

Idaho Code 21-213 makes it unlawful for any person, entity, or state agency to use a drone to intentionally conduct surveillance of, gather evidence about, or photographically or electronically record specifically targeted persons or specifically targeted private property, including dwellings and curtilage, without written consent. Limited exceptions allow law enforcement use for traffic accident documentation, crowd or traffic management, disaster assessment, and training. Victims have a private cause of action for damages of at least $1,000 plus attorney fees. While Idaho regulates drone operator conduct (especially privacy), all airspace and operational rules including registration, altitude, and night flight remain governed by FAA Part 107 and Part 48; cities and counties cannot regulate flight altitude or airspace.

Violations & Penalties

Civil cause of action with statutory damages of at least $1,000 plus actual damages and attorney fees per Idaho Code 21-213(3). Trespass and stalking statutes may add criminal exposure.

Frequently Asked Questions

Can I fly my drone over my neighbor's yard?
Briefly transiting may be lawful, but intentionally hovering to record or surveil a specifically targeted person, dwelling, or curtilage without written consent violates Idaho Code 21-213 and creates civil liability.
Do I need to register my recreational drone?
Yes. The FAA requires registration of drones weighing 0.55 pounds or more under federal law. Idaho does not impose its own registration on top of FAA rules.
Can my city ban drone flight in parks?
Cities may regulate takeoff and landing on local property and can ban operation from public parks, but they cannot regulate airspace, altitude, or flight paths, which fall under exclusive FAA jurisdiction.

Sources

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