North Dakota Drone Laws

Requires law enforcement to obtain a search warrant before conducting drone surveillance. Evidence collected without a warrant (outside narrow exceptions) is inadmissible in proceedings. Exceptions include patrol within 25 miles of Canadian border, exigent circumstances, environmental disasters, and research/education/training. Prohibits arming any law enforcement drone with lethal weapons. Permits less-than-lethal weapons only if remotely controlled and incapable of autonomous activation, and only after agency adopts a use-of-force policy.

Prohibits using a drone to surveil another private person, property, or property owner without their informed consent or consent of the property owner. Applies to private persons as well as law enforcement.

Makes it illegal for anyone operating an aircraft, including drones, to intentionally kill, chase, or harass any wild animal or bird. Specifically prohibits use of drones to scout or locate game before and during hunting seasons.

Specifically prohibits the use of an unmanned aerial vehicle or radio-controlled aircraft to interfere with a lawful hunt, harass, drive, or disturb wildlife.

Makes it a crime to tamper with, damage, or interfere with a critical infrastructure facility, including refineries, electrical generation and substations, water and wastewater plants, telecom, rail, dams, gas processing, and oil and gas pipelines, tanks, and production sites. While not specifically mentioning drones, applies to any means of causing damage or substantial interruption. Overflight alone is not a violation; offense requires causing damage or interruption.

Requires a state Unmanned Aerial Applicator License from the North Dakota Aeronautics Commission to conduct aerial spraying or chemical dispersal with drones. Aircraft must be registered with the Commission. Maximum operating weight is 500 pounds. Pilot must hold a commercial pesticide certification from NDSU Extension. Separate from federal Part 107 and Part 137 requirements.

The North Dakota Game and Fish Department prohibits the use of drones or any unmanned radio-controlled aircraft on its wildlife management areas unless specifically authorized by the director. Covers more than 200 WMAs across the state.

Drone use inside the North Dakota State Capitol Complex in Bismarck is prohibited without prior authorization. To fly near or photograph the Capitol, operators must submit a Capitol Use Request Form to Facility Management at least 15 days in advance and obtain written approval. The Capitol sits within the five-mile zone around Bismarck Municipal Airport (Class D), so FAA airport authorization also applies.