Montana has enacted several state-level drone statutes that go well beyond FAA baseline requirements. The 2025 trespass law, wildfire interference statute, evidence restrictions, and hunting ban collectively make Montana one of the more regulated states for drone operations.
| Restriction | Statute | Penalty |
|---|
| Flying at 200 ft or lower over private property without authorization | SB 493 (2025) | $500 fine per violation |
| Interfering with aerial wildfire suppression | MCA 76-13-214 | Up to $1,500 fine + 6 months jail + civil cost liability |
| Surreptitious recording in a residence | MCA 45-5-223 | Up to $500 fine + 6 months jail |
| Using drones for hunting, scouting, or filming hunts | MCA 87-6-208 | $300-$1,000 fine + 6 months jail + license forfeiture |
| Drone evidence without a warrant | MCA 46-5-109 | Evidence inadmissible in prosecution |
Warning: SB 493 applies even if you're not recording. Simply flying a drone below 200 feet over someone's property without permission is enough to trigger the $500 trespass fine. The law does not require intent to surveil or capture images.
The 200-foot trespass rule (SB 493)
Signed into law on May 8, 2025, SB 493 established a new criminal offense of trespassing by unmanned aerial vehicle. Flying a drone at 200 feet AGL or lower over another person's property or residence without authorization is a $500-per-violation offense. This makes Montana one of a handful of states with a specific altitude threshold defining drone trespass.
The law includes several exceptions worth knowing. Government agencies, peace officers, utility providers, and broadband service providers conducting infrastructure inspections are exempt. Most notably, drone operators with valid FAA licenses conducting legitimate business consistent with federal regulations may also be exempt. This means Part 107 pilots flying for a real commercial purpose may have more latitude than recreational flyers, though the law's language leaves room for interpretation on what counts as "legitimate business."
Wildfire interference (MCA 76-13-214)
Montana's wildfire interference statute carries both criminal and civil penalties. The criminal penalty is a misdemeanor with up to $1,500 fine and 6 months in jail. The civil penalty makes you liable for the actual costs of obstructing firefighting operations, which can be substantial when air tanker operations are delayed. Only government employees are exempt. This statute also preempts local governments from enacting their own wildfire-drone ordinances, meaning the state rule is the only one that applies.
Evidence restrictions (MCA 46-5-109)
Montana is one of the few states with an explicit statutory bar on drone-gathered evidence. Information collected by a drone is not admissible in criminal prosecutions unless obtained with a search warrant, under a recognized warrant exception, or during a motor vehicle crash investigation on public roadways. This is one of the strongest anti-drone-surveillance protections in any US state.
Hunting and wildlife (MCA 87-6-208)
Montana's hunting drone ban is broader than most states. It prohibits using drones to concentrate, pursue, drive, rally, harass, or stir up any game animals or birds. The Montana Fish and Wildlife Commission went further by adding rules that ban drone scouting on the same day as hunting and prohibit filming a hunt with a drone. Penalties include fines of $300 to $1,000, up to 6 months in jail, and forfeiture of your hunting, fishing, or trapping licenses.
Real enforcement: Yellowstone osprey nest incident (June 2025)
In early June 2025, a tourist flew a drone near an osprey nest in Yellowstone National Park, causing the nesting birds to flee in panic. A California resident witnessed and photographed the violation. When confronted, the drone operator landed the drone on the witness's vehicle and then flew it above his head in an intimidation attempt. The National Park Service cited the tourist, who faces up to 6 months in jail and a $5,000 fine. In August 2025, video surfaced showing a drone operating over Grand Prismatic Spring, with allegations it was the same individual.
For more on privacy rules, see our drone spying laws guide and flying over private property guide.
