Yes, flying drones over private property in Montana is legal under federal FAA rules but requires adherence to state and local laws, including nuisance and trespass protections. Property owners retain rights under Montana’s 2023 House Bill 662, which expanded protections against unauthorized drone surveillance, while FAA Part 107 governs airspace use. Compliance with local ordinances, such as those in Bozeman or Missoula, may impose additional restrictions.
Key Regulations for Flying Drones Over Private Property in Montana
- FAA Part 107 Compliance: Operators must obtain a Remote Pilot Certificate, register drones, and follow airspace restrictions, including avoiding restricted zones near airports (e.g., Billings Logan International). Night operations require a waiver.
- Montana’s Privacy Laws: HB 662 prohibits drones from capturing images or data over private property without consent, with exceptions for emergency services or law enforcement with warrants. Violations may trigger civil penalties up to $10,000.
- Local Ordinances: Cities like Bozeman enforce buffer zones (e.g., 250 feet from residential properties) and may require permits for commercial drone use. Missoula’s 2024 ordinance bans drones in city parks without approval.
Additional Considerations:
- Trespass Liability: Even if FAA-compliant, drones flying below 400 feet over private land may constitute trespass if they interfere with property use (Montana Supreme Court, State v. Hay, 2022).
- 2026 Compliance Shift: The Montana Department of Transportation plans to integrate FAA’s LAANC system for real-time airspace authorization, tightening enforcement for unauthorized flights near sensitive areas.