Drone Laws in Montana

Your complete 2026 guide to flying drones legally in Montana.

Welcome to Montana! Montana’s wide-open spaces, notable national parks, and rugged mountains make it a dream destination for drone pilots. From the peaks of Glacier National Park to the vibrant city of Bozeman, there are countless opportunities to capture impressive aerial imagery. However, before you launch your drone into the Big Sky, it’s crucial to understand the rules and regulations that govern its use. The drone laws in Montana are a mix of federal, state, and local rules that all pilots must follow.

Federal Drone Laws That Apply in Montana

First and foremost, all drone operations in Montana are subject to the regulations set forth by the Federal Aviation Administration (FAA). These rules provide the foundational framework for safe and responsible drone use across the United States. They distinguish between two main types of pilots: recreational flyers and commercial operators.

Recreational Drone Pilots

If you are flying your drone purely for fun and personal enjoyment, you are considered a recreational pilot. The key federal regulations you must follow are:

Take The Recreational UAS Safety Test (TRUST): All recreational flyers must pass this short online test and carry proof of completion with them when flying. The test is free and covers basic safety principles.
Register Your Drone: If your drone weighs more than 0.55 pounds (250 grams), you must register it with the FAA through the DroneZone portal. The registration costs $5 and is valid for three years. Your registration number must be clearly marked on the exterior of your drone.
Fly Within Visual Line of Sight (VLOS): You must be able to see your drone with your own eyes at all times during flight.
Fly at or Below 400 Feet: In uncontrolled airspace (Class G), you must not fly higher than 400 feet above the ground.
Obtain Airspace Authorization: To fly in controlled airspace (Class B, C, D, and E), you must receive authorization through the Low Altitude Authorization and Notification Capability (LAANC) system or the FAA DroneZone.
Follow Remote ID Requirements: As of September 16, 2023, all registered drones must be capable of broadcasting Remote ID information, which acts like a digital license plate for your drone.

Commercial Drone Pilots

If you are flying your drone for any work-related or business purpose, you are a commercial pilot and must operate under the FAA’s Part 107 rules. This includes activities like real estate photography, inspections, or selling your aerial photos. The requirements include:

Obtain a Remote Pilot Certificate: You must pass the FAA’s Part 107 Aeronautical Knowledge Test to earn a Remote Pilot Certificate.
Be at Least 16 Years Old: You must be at least 16 years old to be eligible for a Part 107 certificate.
Register Your Drone: All commercial drones must be registered with the FAA, regardless of weight.
Follow Part 107 Operational Rules: These rules are more extensive than recreational rules and cover aspects like flying over people, night operations, and airspace restrictions. You must maintain your drone in a condition safe for operation and conduct a pre-flight inspection before every flight.

For a complete guide to all federal regulations, you can visit the official FAA DroneZone and check the B4UFLY app for real-time airspace information.

Montana-Specific Drone Laws

In addition to federal regulations, the state of Montana has enacted its own laws that specifically address the use of drones. These laws are important to understand as they carry their own set of penalties and apply to all drone operations within the state.

HB 644: Interference with Wildfire Suppression

Montana is a state prone to wildfires, and this law directly addresses the serious issue of drones interfering with firefighting efforts. House Bill 644 makes it illegal to operate a UAS in a way that interferes with aerial wildfire suppression activities. [1]

A person may not operate a UAS in a manner that interferes with an aerial wildfire suppression effort. A person who violates this section is liable for the amount of damages caused by the interference.

This means that if your drone gets in the way of firefighting aircraft, you could be held financially responsible for the costs associated with that interference. The law also includes a preemption clause, which prohibits any local city or county from creating their own separate ordinances regarding drone use near wildfires. This ensures a consistent, statewide approach to this critical safety issue.

SB 196: Use of Drones for Evidence Collection

Senate Bill 196 focuses on privacy and the use of drones by law enforcement. The law limits how information gathered by a UAS can be used in legal proceedings. [2]

Specifically, it states that any information obtained from a drone is not admissible as evidence in any prosecution or proceeding unless it was obtained under the authority of a search warrant or through a legally recognized exception to the warrant requirement. This law helps protect the privacy of citizens from unwarranted aerial surveillance.

Local and City Drone Regulations in Montana

Currently, Montana state law (as established in HB 644) preempts local governments from enacting ordinances that regulate the use of drones in relation to wildfires. However, cities and counties may still have their own regulations regarding drone use in other contexts, such as in local parks or for general privacy reasons. It is always a best practice to check with the local city or county clerk’s office for any specific ordinances before flying in a particular area.

For example, many municipalities have rules about operating any type of motorized vehicle or aircraft within public parks. Always look for posted signage and consult local park authorities to ensure you are in compliance.

Where You Can and Can’t Fly in Montana

Understanding where you are legally allowed to fly is just as important as knowing the rules of operation. Montana offers vast airspace, but there are critical restrictions to be aware of.

National Parks

Flying a drone in any of the U.S. National Parks is strictly prohibited. This includes Montana’s iconic Glacier National Park and the portions of Yellowstone National Park that lie within the state’s borders. The National Park Service (NPS) has a nationwide ban on the launching, landing, or operating of unmanned aircraft on lands and waters administered by the NPS.

State Parks

As detailed in the Montana Fish, Wildlife & Parks (FWP) regulations, operating a drone in a Montana State Park is generally prohibited unless you have explicit permission. According to rule 12.8.816, launching or operating a drone from a state park is not allowed unless:

It is authorized by a commercial or special use permit obtained from the park.
The flight occurs within an area specifically designated for drone use by the park manager.

Before you consider flying in a state park, you must contact the park directly to inquire about permits or designated flying areas.

Other Restricted Areas

Airports: You must not fly within 5 miles of an airport without proper authorization through LAANC or FAA DroneZone.
Military Installations: Avoid flying over or near military bases, as they are considered sensitive national security sites.
Critical Infrastructure: Be mindful of flying near critical infrastructure such as power plants, dams, and government buildings.
Wilderness Areas: The U.S. Forest Service generally restricts the use of motorized equipment, including drones, within designated wilderness areas to preserve their natural character.

Penalties and Enforcement

Violating drone laws in Montana can result in significant penalties from both federal and state authorities.

Federal Penalties

The FAA has the authority to issue substantial fines for violations of its regulations. As of 2026, these fines can range from $1,771 to $36,770 per violation for careless or reckless operations. Operating a drone in a manner that endangers the national airspace can also lead to criminal charges.

State Penalties

Violating Montana-specific laws carries its own consequences. For instance, interfering with wildfire suppression efforts (HB 644) can make you civilly liable for the damages caused, which could amount to thousands or even millions of dollars depending on the severity of the incident.

Tips for Staying Compliant

Check B4UFLY: Always use the B4UFLY app before every flight to check for airspace restrictions and advisories.
Get Certified: If you are flying for any non-recreational purpose, get your Part 107 certificate. For hobbyists, complete the TRUST test.
Respect Privacy: Do not fly over private property without permission, and avoid capturing images or videos of people without their consent.
Check Local Rules: Before flying in a new area, check with the local city or county for any specific drone ordinances.
Stay Informed: Drone laws are constantly evolving. Stay up-to-date with the latest regulations from the FAA and the state of Montana.

Helpful Resources

Internal Links:

References:

[1] Montana House Bill 644, https://leg.mt.gov/bills/2015/billhtml/HB0644.htm
[2] Montana Senate Bill 196, https://leg.mt.gov/bills/2015/billhtml/SB0196.htm
[3] Montana Fish, Wildlife & Parks, Administrative Rules of Montana, 12.8.816, https://myfwp.mt.gov/getRepositoryFile?objectID=88682

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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

Drone Laws in Montana: What You Need to Know (2026 Guide)