Idaho, with its notable landscapes ranging from the Rocky Mountains to vast wilderness areas, is a drone pilot’s paradise. However, before you launch your drone to capture that perfect shot of the Sawtooth National Recreation Area or the Snake River Canyon, it’s crucial to understand the legal landscape. Operating a drone, whether for fun or for business, comes with a set of rules and responsibilities. This guide provides an overview of the drone laws in Idaho, covering everything from federal FAA regulations to state and local ordinances, ensuring your flights are both safe and legal.

Navigating the world of drone regulations can seem complex, but it doesn’t have to be. The key is to know which rules apply to your specific situation.By familiarizing yourself with these regulations, you can confidently and responsibly enjoy the incredible aerial perspectives that Idaho has to offer.

Federal Drone Laws That Apply in Idaho

For Recreational Flyers

If you are flying your drone purely for fun, you are considered a recreational flyer. The FAA has a specific set of rules for recreational use:

• Take The Recreational UAS Safety Test (TRUST): All recreational flyers must pass the TRUST exam. This is a free online test, and you must be able to provide proof of passing if asked by law enforcement.
• Register Your Drone: If your drone weighs more than 0.55 pounds (250 grams), you must register it with the FAA through the DroneZone website. The registration costs $5 and is valid for three years.
• Fly Within Visual Line of Sight (VLOS): You must always be able to see your drone with your own eyes, without the aid of binoculars or a camera feed.
• Follow Airspace Rules: Do not fly in controlled airspace (Class B, C, D, and E) without prior authorization. You can obtain authorization through the Low Altitude Authorization and Notification Capability (LAANC) system, which is available via numerous FAA-approved apps.
• Fly at or Below 400 Feet: In uncontrolled airspace (Class G), you must fly at or below 400 feet above the ground.
• Use B4UFLY: The FAA’s B4UFLY app is an essential tool for checking airspace restrictions before you fly.

For Commercial Operators

If you are operating a drone for any business purpose, you are a commercial operator and must follow the FAA’s Part 107 rules:

• Obtain a Remote Pilot Certificate: You must pass the FAA’s Part 107 Aeronautical Knowledge Test to obtain a Remote Pilot Certificate.
• Register Your Drone: All commercial drones must be registered with the FAA, regardless of weight.
• Follow Part 107 Operational Rules: These rules include flying within VLOS, not flying over people, and adhering to altitude and airspace restrictions. Waivers for certain operations can be obtained from the FAA.

Remote ID

As of September 16, 2023, most drones required to be registered must broadcast Remote ID information. This acts as a digital license plate for your drone, allowing the FAA, law enforcement, and other federal agencies to identify drones flying in their jurisdiction.

Idaho-Specific Drone Laws

In addition to federal regulations, Idaho has its own set of laws that govern drone use within the state. These laws primarily focus on privacy and the use of drones in relation to hunting and wildlife.

Idaho Code § 21-213: Restrictions on Use of Unmanned Aircraft Systems

This is the cornerstone of Idaho’s drone legislation. The law is designed to protect the privacy of individuals and property owners. Here’s what it prohibits:

No person, entity or state agency shall use an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record specifically targeted persons or specifically targeted private property…without…written consent.

This means you cannot use your drone to spy on people or their homes, or to surveil farms, ranches, or other commercial properties without the owner’s permission. The law also prohibits publishing or disseminating any images or recordings of an individual taken with a drone without their written consent.

There are exceptions for law enforcement, emergency services, and for commercial purposes like mapping and resource management. A person who violates this law can be sued in civil court for $1,000 or actual damages, whichever is greater.

Idaho Code § 36-1101: Taking of Wildlife

This law addresses the use of drones in hunting and wildlife observation. It is illegal to use a drone to:

• Spot or locate game animals, game birds, or furbearing animals from the air and communicate their location to someone on the ground.
• Locate a big game animal for the purpose of hunting it on the same day.

Essentially, you cannot use a drone to aid in hunting activities. This is a critical rule for hunters and wildlife photographers to be aware of.

Local and City Regulations

While Idaho’s state laws provide a framework, it’s also important to be aware of local ordinances that may affect where you can fly your drone. These rules can vary significantly from one county or city to another.

Ada County

Ada County, home to Boise, has its own drone ordinance (No. 883). This ordinance requires drone operators to have their FAA registration and Remote Pilot Certificate (if applicable) readily available. It also prohibits:

• Harassing or annoying pedestrians or vehicles.
• Reckless or careless operation.
• Capturing images of a person where they have a reasonable expectation of privacy.
• Interfering with emergency responders.

A violation of this ordinance is an infraction and carries a $100 fine.

Canyon County

Previously, Canyon County had an ordinance that prohibited drones in county parks. However, this specific ordinance appears to have been removed or is no longer in effect. It is always best to check with the local parks and recreation department for the most current rules before flying in any county park.

Idaho State Parks

There is no blanket prohibition on drones in all Idaho State Parks. The rules are determined on a park-by-park basis. Some parks may have designated areas for drone use, while others may prohibit them entirely to protect wildlife or ensure visitor safety. Always check the specific rules for the state park you plan to visit.

Where You Can and Can’t Fly in Idaho

Beyond the specific laws and ordinances, there are general areas where drone flight is restricted or prohibited:

• National Parks: Drones are banned in all National Parks.
• Wilderness Areas: Flying a drone in designated wilderness areas is generally not allowed.
• Military Installations: Do not fly your drone near military bases.
• Airports: Stay at least five miles away from airports unless you have authorization to fly in that airspace.
• Stadiums and Sporting Events: The FAA prohibits drone flights over stadiums and sporting events.
• Critical Infrastructure: Avoid flying over sensitive infrastructure like power plants, water treatment facilities, and prisons.

Penalties and Enforcement

Violating drone laws can result in significant penalties. The FAA can impose fines ranging from $1,771 to $36,770 per violation for federal offenses. In Idaho, violating the state’s privacy-focused drone law can lead to a civil lawsuit. Local ordinances, like the one in Ada County, come with their own set of fines.

Tips for Staying Compliant

• Always check the B4UFLY app before every flight to understand airspace restrictions.
• Register your drone if it weighs more than 0.55 lbs.
• Get the proper certification: TRUST for recreational flyers, Part 107 for commercial pilots.
• Respect privacy: Do not fly over private property without permission.
• Check local rules: Before you fly, check for any city or county ordinances that may apply.
• Keep your drone in sight: Always maintain a visual line of sight with your drone.

Helpful Resources

• FAA DroneZone
• B4UFLY App
• Idaho State Legislature
• Drone Launch Academy Part 107 Course

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Disclaimer: The information on this page is for informational purposes only and is not legal advice. Drone laws are subject to change. Please consult with a licensed attorney for legal advice.

Internal Links

• Drone Laws by State Directory
• Drone Laws in Oregon
• Drone Laws in Washington
• Drone Laws in Montana

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Disclaimer: Drone laws are constantly evolving. While we strive to keep this guide updated, you should always verify local ordinances and check the FAA B4UFLY app before flying. This page is for educational purposes and does not constitute legal advice.

Sources: FAA UAS | NCSL State Drone Law Landscape | FAA Remote ID | FAA Part 107