Montana Statewide Rule
Montana Recreational Drone Privacy and Surveillance Limits
Key Facts
- Airspace authority
- FAA preempts
- Privacy statute
- MCA 45-8-213
- Hunter harassment
- Prohibited statewide
- Local takeoff rules
- Permitted on property
Summary
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.
Except as provided in subsection (3), a person commits the offense of criminal trespass by unmanned aerial vehicle if the person knowingly causes an unmanned aerial vehicle to fly 200 feet or lower over the property or residence of another person without the authorization of the property owner or resident.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can a Montana city ban recreational drone flight?
Is it legal to film my neighbor's yard with a drone in Montana?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.