Montana Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
Montana maintains a moderate regulatory stance toward drone operations with targeted restrictions addressing privacy, wildfire interference, and hunting. The state establishes a specific 200-foot altitude threshold for criminal trespass, enforces strong evidence exclusion protections, restricts hunting-related drone use, and prohibits drone operations in state parks without permits. Local municipalities like Missoula have additional ordinances, but Montana has no state-level drone registration requirement.
State Drone Laws
SB 493 (2025)Trespass by Unmanned Aerial Vehicle
Establishes the criminal offense of trespass by unmanned aerial vehicle. Flying a drone at 200 feet AGL or lower over another person's property or residence without authorization constitutes criminal trespass. Exceptions apply to government agencies, peace officers, utility providers, broadband service providers conducting infrastructure inspections, and FAA-licensed commercial operators conducting legitimate business consistent with federal regulations.
MCA 46-5-109Inadmissibility of Unlawfully Obtained Drone Evidence
Information collected by a drone is inadmissible in criminal prosecutions unless obtained with a valid search warrant, under a recognized warrant exception, or during a motor vehicle crash investigation on public roadways. This statute provides one of the strongest anti-drone-surveillance protections in the United States.
MCA 76-13-214Interference with Aerial Wildfire Suppression Response
Prohibits drone operations that interfere with, or have potential to hinder, any lawful aerial wildfire suppression response by a state or local government. Violators are liable for actual costs of obstructing firefighting operations. The statute preempts local governments from enacting their own ordinances regulating UAS in relation to wildfires.
MCA 87-6-208Unlawful Use of Aircraft for Hunting
Prohibits using unmanned aircraft to concentrate, pursue, drive, rally, harass, or stir up any game animal or bird. The Montana Fish and Wildlife Commission expanded these restrictions to prohibit drone scouting on the same day as hunting and filming a hunt with a drone.
MCA 45-5-223Surreptitious Recording in a Residence
Prohibits surreptitious recording, including by drone, in a place where a person has a reasonable expectation of privacy, particularly in residences. Applies to any unauthorized recording or attempt to record.
Montana Fish & Wildlife Administrative Rule 12.8.816Unmanned Aircraft System Prohibition in State Parks
Prohibits launching or operating a drone from any state park unless authorized by a commercial use permit, special use permit, or in an area specifically designated for such use by the park manager. Each park manager has independent discretion over drone operations within their facility.
SB 106 (2025)Revising Laws Related to the Use of Manned and Unmanned Aircraft While Hunting
Revises and strengthens laws regulating both manned and unmanned aircraft use in hunting contexts. Works in conjunction with MCA 87-6-208 to expand protections for game animals and clarify restrictions on aircraft-assisted hunting methods.
Local/Municipal Ordinances
Missoula
cityMissoula Municipal Code 12.40.065 — Unmanned Aircraft System Prohibition
Prohibits flying or launching drones in any Missoula City park, trail, or conservation land without written authorization
Restrictions
Requires written permission from the Parks and Recreation Director to operate drones in city parks, trails, or conservation lands
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Trespass by unmanned aerial vehicle (SB 493) — flying below 200 ft over private property without authorization | Criminal misdemeanor | $500 per violation | Not specified | Local law enforcement, Montana State Police | Each drone flight instance below 200 feet constitutes a separate violation. FAA Part 107 licensed operators conducting legitimate commercial business may be exempt. |
| Interference with wildfire suppression response (MCA 76-13-214) | Criminal misdemeanor | Up to $1,500 | Up to 6 months | State law enforcement, fire suppression agencies, local authorities | Violators are also civilly liable for reasonable costs of obstructing firefighting operations, which can be substantial when aerial fire tanker operations are delayed. |
| Unlawful aircraft use for hunting (MCA 87-6-208) | Criminal misdemeanor | $300 to $1,000 | Up to 6 months | Montana Fish, Wildlife & Parks; local law enforcement | Includes mandatory forfeiture of hunting, fishing, and trapping licenses. Covers drone scouting same-day and filming hunts. |
| Surreptitious recording in residence (MCA 45-5-223) | Criminal misdemeanor | Up to $500 | Up to 6 months | Local law enforcement | Applies to drones used for recording in places where persons reasonably expect privacy. |
| Operating drone in state park without permit (ARM 12.8.816) | Administrative violation | Not specified in statute | Not applicable | Montana Fish, Wildlife & Parks rangers | Denial of permit and potential trespass enforcement. Each park manager determines permit availability and procedures independently. |
| Operating drone in Missoula city parks without authorization (Missoula Code 12.40.065) | Municipal violation | Not specified in ordinance | Not specified | Missoula Parks and Recreation Department; city law enforcement | Requires written permission from Parks and Recreation Director prior to drone operation. |
Trespass by unmanned aerial vehicle (SB 493) — flying below 200 ft over private property without authorization
Each drone flight instance below 200 feet constitutes a separate violation. FAA Part 107 licensed operators conducting legitimate commercial business may be exempt.
Interference with wildfire suppression response (MCA 76-13-214)
Violators are also civilly liable for reasonable costs of obstructing firefighting operations, which can be substantial when aerial fire tanker operations are delayed.
Unlawful aircraft use for hunting (MCA 87-6-208)
Includes mandatory forfeiture of hunting, fishing, and trapping licenses. Covers drone scouting same-day and filming hunts.
Surreptitious recording in residence (MCA 45-5-223)
Applies to drones used for recording in places where persons reasonably expect privacy.
Operating drone in state park without permit (ARM 12.8.816)
Denial of permit and potential trespass enforcement. Each park manager determines permit availability and procedures independently.
Operating drone in Missoula city parks without authorization (Missoula Code 12.40.065)
Requires written permission from Parks and Recreation Director prior to drone operation.
Registration Requirements
State Registration
Not Required
State Permit
Required
State Insurance
Not Required
Montana does not require state-level drone registration. Federal FAA registration is required for all drones over 250 grams ($5 for 3-year registration).
Commercial use permits required for state parks and Missoula city parks. No centralized permit application; each park manager and municipality manages permits independently. Commercial filming on state-managed lands requires a separate film permit through the Montana Department of Commerce Film Office.
Not required by state law, though commercial operators should consider liability insurance due to potential civil liability for wildfire interference costs.
Applicable Federal Regulations
Remote ID Compliance
All registered drones must broadcast Remote ID information
Required nationwide since March 2024. Applies to all registered drones in Montana, both recreational and commercial.
FAA Part 107 Commercial Operations
Commercial drone operations require FAA Part 107 Remote Pilot Certificate
Montana imposes no additional state-level commercial licensing beyond federal FAA Part 107. Testing centers located in Billings, Missoula, Great Falls, Helena, and Bozeman. Test fee $175; certificate valid 24 months.
Recreational Flying Exception (49 USC 44809)
Recreational flyers must pass the TRUST (Recreational UAS Safety Test)
Free online test available through FAA-approved administrators. Drones over 250 grams also require FAA registration ($5 for 3 years).
Visual Line of Sight (VLOS) and Altitude Limits
Federal 400 feet AGL maximum; Montana trespass law creates a 200-foot privacy threshold
Montana's SB 493 makes flying below 200 feet over private property a criminal offense, creating a MORE RESTRICTIVE altitude threshold than federal rules for property-owner privacy.
National Parks Restrictions
Drones strictly prohibited in Glacier and Yellowstone National Parks
Violations carry penalties up to $5,000 fine and 6 months imprisonment under National Park Service policies.
Designated Wilderness Area Restrictions
Drones banned in designated wilderness areas within national forests
Drones classified as motorized equipment under the Wilderness Act. Applies to Bob Marshall Wilderness Complex, Absaroka-Beartooth Wilderness, and Scapegoat Wilderness among others.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
Montana has not enacted a drone-specific critical infrastructure statute as of this writing. Pilots remain subject to general state laws on trespass, voyeurism, privacy, and reckless endangerment, and to all federal regulations including FAA Part 107.
Read the federal preemption guide →Airspace & LAANC
LAANC Coverage
LAANC available at 726 airports nationwide, including major Montana airports. Near-real-time authorization available for flights under 400 feet in controlled airspace.
Major Airports
BIL — Billings Logan International Airport (Class D controlled airspace)BZN — Bozeman Yellowstone International Airport (Class D controlled airspace)GTF — Great Falls International Airport (Class D, Malmstrom Air Force Base nearby)HLN — Helena Regional AirportMSO — Missoula International Airport
TFR Notice
Temporary Flight Restrictions (TFRs) are frequently issued around active wildfire suppression operations across Montana. Additional TFRs may apply for special events and military operations. Check NOTAM system and B4UFLY app before each flight.
Recent Enforcement Actions & News
Yellowstone National Park osprey nest violation — citation issued
enforcementA California tourist flew a drone near an osprey nest in Yellowstone National Park, causing nesting birds to flee in panic. When confronted by a witness, the drone operator landed the drone on the witness's vehicle and then flew it above the witness's head in an intimidation attempt. National Park Service cited the tourist.
Grand Prismatic Spring drone operation video — alleged repeat violator
enforcementVideo surfaced showing a drone operating over Grand Prismatic Spring in Yellowstone, with allegations that it was the same individual from the earlier osprey nest incident.
Pending Legislation
HB 202Vetoed; veto override failedGenerally revise laws related to the unlawful use of aircraft for hunting
Would have revised laws related to unlawful use of both manned and unmanned aircraft for hunting purposes. Bill was vetoed by Governor on 2025-05-13 and veto override attempt failed in legislature on 2026-06-16.
Last action: June 16, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| University of Montana | UM requires drone operators to coordinate with campus police and the Office of Risk Management before conducting any drone operations on university property. Prior authorization is mandatory. Restrictions: Coordination with campus police and Office of Risk Management required before any drone flight on UM property | Yes | Office of Risk Management / Campus Police |
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.0). While we strive for accuracy, always verify critical information with official state sources.
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