Is Flying Drones Over Private Property Legal in Idaho After the 2026 Framework Overhaul?

Yes, flying drones over private property in Idaho is legal under federal and state law, but strict privacy and operational restrictions apply. Idaho Code § 21-213 prohibits drone surveillance of private property without consent, while FAA Part 107 rules govern airspace use. Local ordinances, such as those enforced by the Ada County Sheriff’s Office, may impose additional flight restrictions near sensitive areas.


Key Regulations for Flying Drones Over Private Property in Idaho

  • Privacy Violations Prohibited: Idaho Code § 21-213 criminalizes drone use to intentionally observe or record private property without consent, with penalties up to $1,000 and/or imprisonment. This includes capturing images of individuals in private spaces without their knowledge.

  • FAA Part 107 Compliance: All drones weighing over 0.55 lbs must be registered with the FAA, and operators must hold a Remote Pilot Certificate. Flight operations are restricted to daylight hours, below 400 feet, and outside controlled airspace unless prior authorization is obtained.

  • Local Ordinances and Restricted Zones: Counties like Ada and Canyon enforce temporary flight restrictions near critical infrastructure (e.g., power plants, schools) and during emergencies. The Idaho Transportation Department’s 2026 drone integration plan mandates geofencing compliance in designated no-fly zones.