Alaska's drone laws focus on two areas: restricting government surveillance and protecting wildlife. The state has no civilian-to-civilian drone privacy statute like Texas or Florida. Instead, Alaska's protections come through law enforcement restrictions and constitutional rulings that set a high bar for any aerial surveillance by authorities.
| Restriction | Statute | Penalty |
|---|
| Law enforcement must follow written UAS procedures | AS 18.65.901 | Evidence suppression for noncompliance |
| Warrant required for law enforcement drone surveillance | AS 18.65.902 | Evidence suppression |
| Law enforcement must delete non-case images | AS 18.65.903 | Images classified as confidential |
| Using drones to spot or locate game animals | 5 AAC 92.085 | Fines + hunting license suspension/revocation |
| Using drones to locate salmon for commercial fishing (SE Alaska) | ADF&G regulation | Fines + fishing license action |
| Drones in Chugach State Park | 11 AAC 20.020 | Citation |
Warning: Alaska's hunting drone ban includes a unique "cooling period." Even after you stop using a drone to spot game, you cannot take that specific animal until 3:00 a.m. the following day. This applies to all wireless scouting devices, including trail cameras with cellular connections.
The McKelvey ruling: a landmark for drone privacy
In March 2024, the Alaska Supreme Court ruled in State v. McKelvey that warrantless aerial surveillance of private property violates the Alaska Constitution. Police had used a helicopter with high-powered zoom lenses to photograph the backyard of an isolated property near Fairbanks, spotting what appeared to be marijuana cultivation. They used those photos to get a search warrant, which uncovered marijuana, methamphetamine, an AK-47, and large amounts of cash.
The court suppressed all of it. The justices held that Alaskans have a reasonable expectation that authorities will not examine their homes from aircraft with optics. The ruling explicitly flagged drones as expanding this concern, writing that "the rise of drones has the potential to change that equation." This means law enforcement drone surveillance of private property in Alaska will almost certainly require a warrant. Alaska joins California, Hawaii, and Vermont with this level of constitutional aerial privacy protection. For more on surveillance law, see our drone spying laws guide.
Law enforcement drone restrictions (AS 18.65.901-903)
Alaska passed these statutes in 2014, making it one of the first states to regulate government drone use. AS 18.65.901 requires every law enforcement agency to adopt written procedures before operating a drone, including FAA authorization, trained personnel, public-purpose flights only, auditable records, and community involvement. AS 18.65.902 requires a search warrant (or recognized exception) for drone surveillance in criminal investigations. AS 18.65.903 prohibits retaining images captured by law enforcement drones unless needed for an active case, training, or required by law. Unretained images are classified as confidential.
Hunting and fishing drone bans
Under 5 AAC 92.085, it is illegal to use any remotely controlled airborne device to spot or locate game with a camera. The regulation extends to trail cameras with wireless communication. The cooling period is specific: you cannot take a specific animal until 3:00 a.m. the day after the device was used. In southeastern Alaska, a separate regulation bans using drones to locate salmon for commercial fishing purposes. For more on where drones face restrictions, see our flying over private property guide.