Montana Statewide Rule
Montana Commercial Drone Operations Federal Preemption
Key Facts
- Pilot certification
- FAA Part 107
- Altitude ceiling
- 400 feet AGL
- Local flight rules
- Federally preempted
- Surveillance statute
- MCA 46-5-109
Summary
Commercial drone pilots in Montana must hold an FAA Part 107 Remote Pilot Certificate. The FAA preempts local flight regulation, while Montana statutes restrict surveillance, evidence collection, and uses interfering with hunting or wildlife.
(1) A person may not obstruct, impede, prevent, or otherwise interfere with lawful aerial wildfire suppression activities by any means, including by the use of an unmanned aerial vehicle system. (2) A person who violates subsection (1) is guilty of a misdemeanor and shall be punished by a fine of not more than $1,500.
Full Breakdown
Commercial drone operations in Montana are governed by FAA 14 CFR Part 107, which requires a Remote Pilot Certificate, aircraft registration over 0.55 pounds, and adherence to flight rules including 400-foot altitude ceilings and visual line-of-sight. Federal law preempts local regulation of flight operations. Montana adds state-level restrictions: MCA 46-5-109 limits law-enforcement aerial surveillance without a warrant; MCA 45-8-213 protects against image-capture on private property; and MCA 87-3-142 prohibits drone use that harasses wildlife or hunters. Cities may regulate launch and landing from public property and enforce zoning where drone operations occur.
Violations & Penalties
Federal violations carry FAA civil penalties up to $32,666 per violation; state privacy violations are misdemeanors. Evidence obtained illegally is inadmissible in court.
Frequently Asked Questions
Do I need a Montana state license to fly drones commercially?
Can Montana cities require drone permits for commercial flights?
Sources
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