As drone technology continues to evolve and grow in popularity, more people across Montana are taking to the skies for everything from aerial photography to agricultural surveys. But before you launch your drone over Montana’s breathtaking landscapes, it's essential to understand the state’s drone laws and how they intersect with federal regulations set by the Federal Aviation Administration (FAA). Whether you're flying for fun or running a drone business, knowing the rules can help you stay compliant and avoid costly penalties.
This comprehensive guide covers everything you need to know about Montana drone laws, including FAA regulations, local drone ordinances, university policies, and state-specific restrictions such as laws related to wildfire interference and privacy. We also address commercial drone requirements under Part 107, the TRUST test for recreational flyers, and the use of tools like the B4UFLY app and LAANC system for airspace authorization.
From scenic mountain regions to open farmland and urban areas, Montana offers many opportunities for drone operations—provided you fly safely and legally. Whether you're a hobbyist, filmmaker, real estate agent, or precision agriculture expert, this guide is your one-stop resource for staying informed and flying smart in Big Sky Country.
1. Federal Drone Laws (Applies in All U.S. States Including Montana)
The Federal Aviation Administration (FAA) governs all airspace in the United States, and Montana is no exception. Depending on how you plan to use your drone, here’s what’s required:
For Recreational Flyers
- You must pass The Recreational UAS Safety Test (TRUST).
- Always keep your drone within visual line of sight.
- Drones that weigh more than 0.55 lbs (250 grams) must be registered with the FAA.
- You must follow community-based safety guidelines, such as those provided by the AMA (Academy of Model Aeronautics).
For Commercial Operators
- You need a Remote Pilot Certificate under FAA Part 107.
- Your drone must be registered and display a registration number.
- You are required to follow the Remote ID rule.
- Maximum altitude is 400 feet above ground level unless near a taller structure.
- Always yield the right-of-way to manned aircraft.
For Government Agencies
Government drone operators (such as police or fire departments) can either fly under Part 107 or apply for a Certificate of Authorization (COA) from the FAA.
2. Montana State Drone Laws
While federal rules set the foundation, Montana has implemented several state laws that further regulate drone operations:
Interference with Firefighting Aircraft
Montana’s House Bill 644 makes it illegal to operate a drone in a way that interferes with aerial wildfire suppression. Violators may face criminal penalties. This is especially important in summer months when wildfire activity is high.
Restrictions on Law Enforcement Use of Drones
Montana limits how law enforcement can use drone-collected data. Specifically:
- Drone footage cannot be used to support search warrants unless under lawful exception or with a proper warrant.
- The law emphasizes privacy protections for citizens.
State Preemption on Local Drone Laws
Local governments cannot enact drone rules related to wildfire response that differ from state law. This preemption was enacted to ensure uniformity in emergency responses.
3. Local Drone Laws in Montana
Montana doesn’t have many municipal drone laws, but a few local jurisdictions and institutions have their own rules.
Missoula
In Missoula, drone flights are prohibited in public parks, trails, and conservation lands without written permission from the Parks and Recreation Director. If you're planning a flight in or near Missoula, get prior approval to avoid fines or confiscation.
Montana State Parks
Each state park in Montana may have its own drone rules. While drones are not outright banned, permission is typically required. You should:
- Contact the site manager in advance.
- Explain your purpose (e.g., photography, mapping, recreation).
- Abide by time and location restrictions set by the site.
University of Montana
The University of Montana restricts drone flights to maintain campus safety and privacy. Drones may not operate:
- Within 500 feet of any person, structure, vehicle, or vessel on campus.
- Without official clearance from the Autonomous Aerial Systems Office.
Helena Regional Airport
If you plan to fly near Helena Regional Airport, be aware of strict rules:
- You must notify the airport authority in advance.
- Follow LAANC (Low Altitude Authorization and Notification Capability) procedures for automated approval in controlled airspace.
4. Best Practices and General Safety Tips
Even if you’re following all the laws, unsafe flying can still lead to accidents or fines. Here are a few extra tips:
- Stay at least 5 miles away from airports unless you have proper FAA clearance.
- Never fly over crowds, moving vehicles, or private property without permission.
- Avoid flying during emergency situations, such as car accidents or wildfires.
- Don’t fly in adverse weather (rain, wind gusts, snow).
- Stay sober—operating a drone under the influence of alcohol or drugs is illegal.
- Respect wildlife and nature areas—disturbing animals with drones can also lead to fines.
5. Apps, Tools, and Additional Instructions for Drone Pilots
Modern drone pilots should take advantage of the technology designed to make drone flying safer and easier. Here are some key resources:
B4UFLY App (FAA)
The B4UFLY app, developed by the FAA in partnership with Aloft, is a free tool that:
- Shows you where it's legal or restricted to fly based on your location.
- Identifies controlled airspace, temporary flight restrictions (TFRs), and no-fly zones.
- Provides alerts near airports, national parks, or sensitive areas.
Download it for iOS or Android before your next flight.
LAANC Authorization
If you're flying in controlled airspace, use the Low Altitude Authorization and Notification Capability (LAANC) system to get near-instant authorization. Available through apps like:
- Aloft
- Kittyhawk
- AirMap
LAANC is essential for flying safely near Montana airports and cities like Billings, Missoula, or Helena.
FAA DroneZone
Use dronezone.faa.gov to:
- Register your drone.
- Apply for waivers.
- Manage your drone fleet if you're a commercial operator.
Remote ID Compliance
As of 2023, Remote ID is mandatory for most drones. You must ensure your aircraft either:
- Has built-in Remote ID capability, or
- Is equipped with an external broadcast module.
Flying a drone without Remote ID (outside of FAA-Recognized Identification Areas) is against the law unless exempted.
FAQs Regarding Drone Laws in Montana
General Drone Laws in Montana
- Do I need a license to fly a drone in Montana?
Yes, if you're flying commercially, you need an FAA Part 107 Remote Pilot Certificate. Recreational pilots must pass the TRUST test. - Is drone registration required in Montana?
Yes. All drones over 0.55 lbs (250 grams) must be registered with the FAA. - Can I fly my drone at night in Montana?
Yes, under Part 107 rules or if your drone has appropriate lighting and you follow safety protocols. - Do Montana state parks allow drone flying?
Not by default. You need permission from the park manager. Contact the specific park office. - Can I fly a drone over private property in Montana?
You can, but it’s strongly advised to get the property owner’s permission to avoid privacy issues or legal trouble. - Are there any restrictions near airports?
Yes, drones cannot fly within 5 miles of an airport without FAA clearance via LAANC. - Is drone insurance required in Montana?
Not legally required, but it's highly recommended, especially for commercial operations. - Can I fly a drone in Montana for real estate photography?
Yes, but you must be Part 107 certified and follow all FAA rules. - Do I need a drone license to fly recreationally in Montana?
No license is needed, but you must pass the FAA’s TRUST test. - Is there a maximum altitude for drone flights in Montana?
Yes, FAA regulations cap drone altitude at 400 feet above ground level.
Montana-Specific Drone Laws
- What is Montana’s law on drones and wildfires?
Montana prohibits drone flights that interfere with wildfire response efforts. - Is it illegal to fly a drone during a fire in Montana?
Yes. You can face criminal penalties for interfering with firefighting aircraft. - Can Montana police use drones for surveillance?
Only with a warrant or under specific emergency exceptions. - Are local governments allowed to make their own drone laws in Montana?
They can, but not in conflict with state preemption laws—especially concerning wildfire response. - Can drones be used for hunting or scouting wildlife in Montana?
No. Montana law prohibits using drones for hunting, scouting, or disturbing wildlife. - Is it legal to fly drones over government buildings in Montana?
It depends on the airspace and property policies. It's best to check with local authorities. - Do I need a permit to fly in Missoula public parks?
Yes. Drone use in Missoula parks requires written permission from Parks & Recreation. - Can I fly my drone at Flathead Lake or near Glacier National Park?
You can fly at Flathead Lake with permission, but drones are strictly prohibited in national parks, including Glacier. - Can I operate a drone near prisons or correctional facilities in Montana?
No. Flying drones near correctional facilities is generally prohibited for security reasons. - Are drone flights allowed during public events or protests in Montana?
It’s highly restricted and often prohibited due to safety and privacy concerns.
University and Institutional Policies
- Can I fly a drone on the University of Montana campus?
Only with special approval and within strict operational zones. - Is there a minimum distance requirement at UM?
Yes, 500 feet from people, vehicles, structures, and vessels is required unless authorized. - Do Montana colleges have different drone rules?
Yes, policies vary by institution. Always check with the administration before flying. - Can students use drones for academic projects?
Yes, but they usually require departmental and administrative approval. - Can faculty fly drones for research in Montana?
Yes, but they must comply with FAA rules and the university’s drone policy.
Remote ID and FAA Rules
- Is Remote ID required in Montana?
Yes. As of 2023, most drones must comply with FAA Remote ID regulations. - Can I fly without Remote ID in Montana?
Only in FAA-Recognized Identification Areas (FRIAs), which are rare and mostly for model aircraft clubs. - Where can I register my drone?
At the FAA DroneZone website: https://faadronezone.faa.gov - How long is my drone registration valid?
Three years from the date of registration. - How do I display the FAA registration number?
The number must be clearly visible on the outside of your drone.
Flying in Controlled Airspace
- Can I fly near Helena Regional Airport?
Only with LAANC authorization or direct coordination with the airport authority. - What is LAANC?
Low Altitude Authorization and Notification Capability – a system for getting FAA flight approval in controlled airspace. - Are there controlled airspace zones in Montana?
Yes. Especially near larger cities and airports like Billings, Missoula, and Helena. - Can I get instant flight approval with LAANC?
Yes, if the requested altitude and area fall within the LAANC grid. - What apps support LAANC in Montana?
Apps like Aloft, AirMap, and Kittyhawk offer LAANC services.
Apps, Tools, and Pre-Flight Checklist
- What is the B4UFLY app?
An FAA app that shows if your current or planned location is safe and legal to fly. - Are there apps that warn about Montana-specific flight restrictions?
Yes. B4UFLY and Aloft both provide real-time TFR and local restrictions. - How do I know if there’s a Temporary Flight Restriction (TFR)?
Check on FAA websites or use B4UFLY or AirMap apps. - Can I use drone mapping software in Montana?
Yes, as long as you're Part 107 certified and the software is compliant with FAA rules. - Is it safe to fly during Montana’s winter?
Yes, but it's risky due to wind, snow, and battery performance issues in cold temperatures.
Commercial Drone Use
- Can I start a drone photography business in Montana?
Yes. You must be Part 107 certified and follow FAA rules and business licensing regulations. - Do I need state-level approval to operate commercially in Montana?
No, but you must comply with all local and federal requirements. - Can I use drones for agriculture in Montana?
Yes. Many farmers use drones for crop monitoring, spraying, and mapping. - Is thermal imaging legal with drones in Montana?
Yes, but ensure it does not violate privacy laws or trespass onto private property. - Can I use drones for land surveying in Montana?
Yes, if licensed under Part 107 and ideally working alongside a licensed surveyor.
Privacy, Legal Concerns, and Enforcement
- Can someone sue me for flying over their property in Montana?
Yes, especially if the flight is invasive or violates reasonable expectations of privacy. - Is it legal to record video or photos with a drone in Montana?
Yes, but be mindful of privacy laws and avoid filming people without consent. - Who enforces drone laws in Montana?
The FAA, local law enforcement, and park rangers enforce drone-related laws and policies. - What happens if I break drone laws in Montana?
You may face fines, drone confiscation, or even criminal charges for serious violations. - Where can I learn more or get help?
Visit the FAA website, use drone apps like B4UFLY, or contact local aviation authorities for guidance.
Final Thoughts
Montana’s vast, picturesque landscapes make it a dream destination for drone operators—but with that opportunity comes responsibility. Staying informed about federal, state, and local regulations helps protect your equipment, your license, and the people and places around you.
Whether you're capturing aerial shots of Glacier National Park or mapping farmlands in eastern Montana, follow the rules and use the tools available to make your flight safe and legal.
Fly smart, stay legal, and keep Montana beautiful.
Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to keep the content accurate and up to date, drone laws and regulations—both federal and local—are subject to change at any time without notice. Readers are encouraged to consult official sources, such as the Federal Aviation Administration (FAA), Montana state government websites, and local city or county ordinances, for the most current and accurate information.
We do not accept any responsibility or liability for actions taken based on the information provided in this blog. If you are unsure about specific drone laws or your legal obligations, we strongly recommend seeking guidance from a certified aviation attorney or contacting the appropriate regulatory body directly.
By using this content, you acknowledge that you are doing so at your own discretion and risk.