Idaho has enacted state-level drone laws that go well beyond the FAA baseline, particularly around privacy. The federal government does not regulate drone photography or surveillance at all. Idaho fills that gap with some of the strongest protections in the nation.
| Restriction | Statute | Penalty |
|---|
| Drone surveillance of targeted persons or property without warrant | Idaho Code 21-213 | $1,000 minimum civil damages + attorney fees |
| Publishing drone recordings of individuals without written consent | Idaho Code 21-213 | $1,000 minimum civil damages + attorney fees |
| Using drones to aid in hunting (without disability permit) | Idaho Code 36-1101(b)(8) | Misdemeanor: $25-$1,000 fine, up to 6 months jail, license revocation up to 3 years |
| Launching or landing drones on Fish and Game lands | IDFG Commission rules | Citation and potential confiscation |
| Flying drones near prisons (proposed) | House Bill 499 (2026) | Up to 1 year jail, $2,000-$5,000 fine |
Warning: Idaho Code 21-213 lets property owners sue you directly in civil court. The $1,000 minimum applies per violation, and the court awards attorney fees on top of damages. You do not need to be arrested or cited. The property owner files the lawsuit.
The written consent requirement
Section 21-213 has two distinct parts that trip up pilots. The first prohibits surveillance of targeted persons or property without a warrant. The second prohibits publishing drone photos or recordings of individuals without their written consent. That second part is unusual. Most states either have no publishing restriction or rely on general privacy torts. Idaho made it explicit.
The $1,000 minimum civil damages floor is the real teeth of this statute. A property owner doesn't need to prove that your drone footage actually caused them financial harm. They file a civil suit, demonstrate that you recorded them without written consent, and the court awards at least $1,000 plus their attorney fees. Multiple flights over the same property could stack up quickly.
Exemptions from the privacy statute
Section 21-213 carves out several exemptions: emergency response, search and rescue, controlled substance investigations, traffic accident documentation, crowd management at sporting events, and mapping or resource management. That last exemption is notable. If you're conducting agricultural mapping or natural resource surveys, the privacy restrictions do not apply. This is a unique carve-out that most states don't offer.
The hunting drone ban and disability exception
Idaho Code 36-1101(b)(8) bans using any drone to aid in hunting. But unlike most states that impose a blanket ban, Idaho allows an exception for hunters with physical disabilities who obtain a permit. The penalty for violating the hunting ban without a permit is a misdemeanor carrying a $25 to $1,000 fine, up to 6 months in jail, and revocation of hunting, fishing, and trapping licenses for up to 3 years.
Real enforcement: Mud Lake WMA aerial hunting case (2014)
In October 2014, Idaho Fish and Game conservation officers responded to reports of a powered parachute flying low over the Mud Lake Wildlife Management Area. Braxton Tomlinson used the aircraft to spot deer hiding in marsh reeds and radioed their locations to hunters on the ground. Three individuals pleaded guilty to using aircraft to locate wildlife. Penalties included a $500 fine ($400 suspended), court costs, 10 days jail (suspended), one year of unsupervised probation, and hunting license revocation for one year. While this case involved a powered parachute rather than a drone, it established the enforcement precedent that Idaho applies to all unmanned and manned aircraft used for aerial hunting.
For more on privacy law, see our drone spying laws guide and flying over private property guide.