Drone Regulations in Montana: 2024 Guide

Yes, drones are legal in Montana for recreational and commercial use. Operations fall under a layered system of rules. FAA regulations apply statewide, Montana privacy statutes restrict surveillance, and land managers like state parks, NPS, BLM, and tribal governments add their own requirements.

Quick Answer: Are Drones Legal in Montana?

Drones are legal to fly in Montana, but regulations are layered.

At the federal level, the FAA governs all drone operations. Commercial pilots need a remote pilot certificate under 14 CFR Part 107. Recreational flyers must follow FAA safety guidelines, pass the TRUST test, and register any drone weighing more than 0.55 pounds.

Montana has no single comprehensive drone statute at the state level. However, privacy and surveillance laws apply to drone operations. Montana Code Annotated § 46-5-109 restricts warrantless law enforcement drone use, and § 45-8-213 defines criminal invasion of privacy. Private citizens using drones to surveil people on private property without consent may face criminal charges under these statutes.

A 2019 bill, HB 655, would have revised Montana's drone laws but died in process. No successor legislation has passed, and the pre-2019 statutory framework remains in place.

Below the state level, local ordinances, land manager rules, and tribal sovereignty requirements add further layers.

Montana State Drone Laws and Privacy Statutes

Montana's drone-specific statutes focus on law enforcement use and privacy protection. The rules differ for private citizens and government actors.

Law Enforcement Restrictions: MCA § 46-5-109

Montana Code Annotated § 46-5-109 requires law enforcement to obtain a search warrant before using a drone to gather evidence. Limited exceptions exist for search and rescue, wildfire monitoring, or imminent threats to life. This statute reflects how Montana law treats government drone surveillance as an activity that may require judicial authorization. This statute applies only to government actors, not private pilots.

Criminal Invasion of Privacy: MCA § 45-8-213

Montana Code Annotated § 45-8-213 defines criminal invasion of privacy. This statute can apply when a person uses a device, including a drone, to observe, photograph, or record another individual in a place where that person has a reasonable expectation of privacy, without consent. Flying a drone to record individuals on private property where they have a reasonable expectation of privacy could lead to a criminal invasion of privacy charge. The act of capturing the imagery without consent is the issue, regardless of whether it is published.

Private Property and Consent

Montana does not have a statute creating a specific "drone-free zone" around private property. However, the combination of § 45-8-213 and common law trespass principles creates potential liability. The Montana Constitution, Article II, Section 10, recognizes the right of individual privacy as a fundamental right. Consult a licensed Montana attorney if your operations involve imagery captured over private land.

Critical Infrastructure and Correctional Facilities

Montana statutes restrict drone operations near correctional facilities. Flying a drone over or near a correctional facility without authorization may lead to criminal charges. For critical infrastructure like power plants or pipelines, federal law under 49 U.S.C. § 46502 and FAA regulations also apply. Consult the Montana Department of Justice or the relevant facility operator before flying near these sites.

FAA Requirements That Apply in Montana

Federal rules are the primary regulatory layer for drone pilots in Montana. State law adds restrictions but does not replace FAA compliance.

Commercial Pilots: Part 107

Flying for any commercial purpose requires an FAA Remote Pilot Certificate under 14 CFR Part 107. This requires passing the FAA Aeronautical Knowledge Test at an approved testing center ($175 fee). Commercial operators must also register their drones through FAA DroneZone.

Recreational Flyers

Recreational flyers must comply with FAA rules, which include:

• Passing The Recreational UAS Safety Test (TRUST).
• Registering any drone over 0.55 lbs with the FAA ($5 fee, valid three years).
• Flying within visual line of sight, below 400 feet AGL, and away from controlled airspace without authorization.

Airspace Authorization and LAANC in Montana

Montana has several areas of controlled airspace requiring authorization before flight. The FAA's LAANC (Low Altitude Authorization and Notification Capability) system provides near-instant authorization at many airports, including Missoula (MSO), Bozeman (BZN), Billings (BIL), Great Falls (GTF), and Helena (HLN). Check the FAA UAS Data Delivery System for current LAANC availability.

Malmstrom Air Force Base in Great Falls has restricted airspace (R-2102) that requires direct coordination with the base before any drone operations. Do not assume LAANC covers military airspace. Consult SkyVector for airspace boundaries and contact Malmstrom AFB directly.

Wildfire TFRs: A Montana-Specific Hazard

During Montana's fire season (roughly June through September), the FAA regularly issues Temporary Flight Restrictions (TFRs) over active wildfires. Flying a drone into an active TFR is a federal violation that can interfere with aerial firefighting. Check for NOTAMs through the FAA's official system or the B4UFLY app before every flight from May through October. No permit allows drone flight inside an active wildfire TFR.

Flying in Montana State Parks, Public Lands, and Tribal Lands

Drone pilots operating on Montana's extensive public lands must comply with land-manager rules in addition to FAA regulations.

Montana State Parks (FWP)

Montana Fish, Wildlife & Parks (FWP) prohibits drone launch, landing, and operation within state parks without a special use permit, per ARM Title 12. The permit process is administered through FWP's Helena headquarters. Allow at least two to four weeks for processing. Contact FWP's Special Use Permit program for current fees and requirements before flying in any state park.

National Parks: Glacier and Yellowstone

The National Park Service prohibits launching, landing, or operating drones within NPS-administered lands without a permit. Recreational drone use is prohibited in Glacier National Park. Research or commercial operators may apply for a permit through Glacier's permit office, but processing typically takes four to eight weeks. The Montana portion of Yellowstone National Park falls under the same NPS restrictions.

BLM Lands

The Bureau of Land Management does not have a blanket drone ban on its lands in Montana. However, site-specific restrictions apply, particularly near wilderness study areas, during fire season, and in areas with sensitive wildlife. Check with the BLM Montana/Dakotas State Office or the relevant local field office before flying. Do not assume drone use is permitted on all BLM land without confirming with the local field office.

US Forest Service Lands

The USFS Northern Region (Region 1) manages Montana's national forests. Drone operations are subject to USFS policy, and TFRs are common during fire season. Some wilderness areas have additional restrictions. Contact the relevant ranger district before flying on USFS land.

Tribal Lands

Montana's tribal nations exercise sovereign authority over their lands. While FAA rules apply in the airspace, permission from the tribal government is a separate and additional requirement. Permission from the tribal government is a matter of sovereignty and is required before operating on or over tribal lands. Contact the relevant tribal government directly.

Wildlife Refuges

US Fish & Wildlife Service refuges in Montana have their own UAS restrictions. Consult the specific refuge manager for current rules. Disturbing wildlife with a drone can trigger federal wildlife protection statutes.

Permit Fees, Timelines, and Requirements at a Glance

Local city and county permits may also apply. Check with municipalities like Missoula, Billings, and Bozeman for restrictions near parks, events, or city-owned facilities.

Local Ordinances: What Montana Cities and Counties Regulate

Montana has not enacted a state preemption law, so local governments can regulate the time, place, and manner of drone use.

Missoula

Consult the Missoula Municipal Code and the Missoula Parks and Recreation department for drone-specific provisions before flying in city parks or over city events. Much of the urban core requires LAANC authorization due to Missoula Montana Airport (MSO).

Billings

Billings Logan International Airport creates controlled airspace over much of the city. Flying near MetraPark or city events may require local permits. Consult the Billings city code and contact the city directly for current rules.

Bozeman

Bozeman Yellowstone International Airport (BZN) controlled airspace covers a wide area. Consult the Bozeman Municipal Code for drone-specific ordinances and check LAANC coverage before flying near the city.

Helena

State property rules may restrict drone operations near the state capitol grounds. Contact Montana's Department of Administration for guidance on flying near the capitol complex.

HOA and Private Property

Homeowners associations can impose their own drone restrictions through CC&Rs. These are civil matters, but violations can result in fines or legal action from the HOA.

Next Steps: How to Fly Legally in Montana and Who to Contact

Pre-Flight Checklist

1. Register your drone with the FAA via FAA DroneZone if it weighs more than 0.55 lbs.
2. Pass the TRUST test (recreational) or the FAA Part 107 knowledge test (commercial).
3. Check airspace using FAA B4UFLY or the Aloft app and obtain LAANC authorization if needed.
4. Check for active TFRs, especially during fire season (May-October), using the FAA's official NOTAM system.
5. Identify the land manager (FWP, NPS, BLM, USFS, tribal government, private) and obtain any required land-use permit.
6. Review Montana Code Annotated §§ 45-8-213 and 46-5-109 if your operations involve imagery of individuals or private property.
7. Check local city and county ordinances for your specific flying location.

Key Contacts

FAA Northwest Mountain Region Website: faa.gov | Phone: consult the FAA website for current regional office contact numbers

Montana Fish, Wildlife & Parks (FWP) — Special Use Permits Helena Headquarters: 1420 East Sixth Avenue, Helena, MT 59620 Website: fwp.mt.gov | Phone: (406) 444-2535

Glacier National Park — Permit Office Website: nps.gov/glac | Contact through the park's general information line for UAS permit inquiries

BLM Montana/Dakotas State Office 5001 Southgate Drive, Billings, MT 59101 Website: blm.gov/montana-dakotas | Phone: (406) 896-5000

USFS Northern Region (Region 1) Federal Building, 26 Fort Missoula Road, Missoula, MT 59804 Website: fs.usda.gov/r1 | Phone: (406) 329-3511

Montana Department of Justice Website: doj.mt.gov | Phone: (406) 444-2026

For legal interpretation of Montana's privacy statutes, consult a licensed Montana attorney.

Useful Tools

• FAA B4UFLY: Mobile app for airspace checks and TFR alerts.
• Aloft: LAANC authorization and airspace awareness.
• SkyVector: Web-based aeronautical charts for reviewing controlled and restricted airspace.
• FAA NOTAM System (notams.faa.gov): Official source for active TFRs.