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Drone Authority

Drone laws by state

Montana drone laws

Start with Montana's state, local, and land-manager rules. Then use the federal baseline as the floor before you launch.

Primary sources reviewed September 18, 2026Partial state preemption
Alpine ridgeline photographed from above at sunrise, used as regional context for Montana drone lawsSTATE · MONTANA
All states
By Reviewed September 18, 2026State and agency primary sources checked claim by claim

State answer first

What changes in Montana

You can generally fly a drone in Montana if you follow the FAA rules and then add the state, local, and land-manager restrictions below.

Federal FAA rules apply across Montana. Since 2025 it is criminal trespass to fly a drone 200 feet or lower over another person's property without permission, and drones are barred from spotting or driving game. Local governments are denied only one narrow power, ordinances on private drone use in relation to a wildfire, so city and county rules otherwise apply. State parks prohibit launching or operating a drone except under a permit or in a manager-designated area.126

Local rules
Partial state preemption
Parks and land
Verify each launch site
Airspace
FAA rules still control

Montana drone laws at a glance

Can I fly here?Yes, generally. Follow the FAA rules, then add the Montana restrictions on this page.
Local ordinancesPartial state preemption
State parks & landARM 12.8.816 closes Montana state parks to drone launch and operation except under a commercial use or special use permit or within an area the park manager has designated. Ask the park which applies before you go.6
License & registrationFederal, same in every state: Part 107 or TRUST, plus registration and Remote ID when the aircraft must be registered.
Where to flyFlying sites, clubs, and FRIAs in Montana
Last reviewedSeptember 18, 2026 · claim-level primary sources below

State-specific rules to check

  • 01

    MCA 45-6-210 (2025): a person who knowingly causes a drone to fly 200 feet or lower over the property or residence of another without the owner's or resident's authorization commits criminal trespass by unmanned aerial vehicle, a $500 fine. Exceptions cover government public safety and emergency use, peace officers under 46-5-109, flights within an easement with the dominant owner's permission, utility and broadband inspection, and FAA-licensed operators conducting legitimate business consistent with federal rules.1

  • 02

    MCA 7-1-111(20) denies local self-governing units the power to enact an ordinance governing the private use of an unmanned aerial vehicle in relation to a wildfire. That is the only local drone power the statute removes, so other city and county rules remain possible.2

  • 03

    MCA 46-5-109 limits law enforcement: information from a drone cannot be used as evidence or for probable cause without a warrant or a recognized exception.3

  • 04

    MCA 45-5-223, surreptitious visual observation or recordation, criminalizes hidden or electronic observation of a residence's occupants or recording intimate images without consent.4

  • 05

    MCA 87-6-208 makes it unlawful to use an aircraft, including a drone, to kill, spot, or drive game, or to communicate the location of game to a hunter within 24 hours of a hunt.5

  • 06

    ARM 12.8.816: launching or operating an unmanned aircraft system, drone, or model aircraft from a state park is prohibited unless authorized by a commercial use or special use permit or within an area the park manager has designated for that use.6

Launch-day workflow

Before you fly in Montana

Work through these state-specific checks before the usual FAA airspace, weather, aircraft, and crew review.

  1. 01

    Stay above 200 feet over other people's land, or get permission

    Plan altitudes so the aircraft is above 200 feet over any property you do not have authorization to overfly, unless an exception such as licensed commercial operation applies.1

  2. 02

    Check local rules except near wildfires

    Cities and counties may still regulate drones; the one thing they cannot do is regulate private drone use in relation to a wildfire, where federal TFRs and state emergency rules control instead.2

  3. 03

    Use the permit or the designated area in state parks

    Do not launch or operate from a state park unless you hold a commercial or special use permit or are inside a park-manager-designated area.6

  4. 04

    Separate the flight from hunting

    Do not use the drone to spot, drive, or locate game, and do not pass game locations to a hunter within 24 hours of the hunt.5

Beyond the airspace layer

Land access and wildlife are separate decisions

Managed land

ARM 12.8.816 closes Montana state parks to drone launch and operation except under a commercial use or special use permit or within an area the park manager has designated. Ask the park which applies before you go.6

Compare public-land managers

Wildlife and hunting

MCA 87-6-208 prohibits using an aircraft or drone to kill, spot, or drive game and bars relaying game locations to hunters within 24 hours of a hunt. Keep any wildlife filming clearly separate from hunting activity.5

Read the wildlife guideCheck recovery rules
Local preemptionPartial state preemption
The state preempts some local regulation but leaves room for local rules in specific areas (e.g., nuisance, privacy, or certain operators).
Parks and launch sitesCheck the land manager
ARM 12.8.816 closes Montana state parks to drone launch and operation except under a commercial use or special use permit or within an area the park manager has designated. Ask the park which applies before you go.

Primary sources

These sources support the material state claims above. State laws, local park rules, and emergency restrictions can still change faster than a static guide.