Montana Drone Laws
Every drone owner has to comply with the drone laws in the state they’re flying in. While Montana has state-wide drone laws that are enforced by the local government, drone operators who fly anywhere in the state also have to comply with federal drone laws enforced by the Federal Aviation Administration (FAA).
Here’s a look at all of the drone laws in Maryland that you need to know about.
Montana State Drone Laws
These laws apply no matter where you are in the state of Montana and override any conflicting local laws that you may hear about. They apply regardless of whether someone’s a resident of the state or a visitor.
This bill describes how and when information gained through the use of a drone can be used as evidence in any prosecution case in the state. It states that a warrant is needed for such evidence to be valid, unless there is a judicially recognized exception.
This law makes it illegal for anyone to use a drone to interfere with wildfire suppression efforts in any way. If a person violates this law, they will be held liable for the equivalent amount in losses caused because of the interference. In addition to that, the law also prevents local governments from enacting any laws of their own relating to drone uses during wildfires.
House Bill 278 (Pending)
This bill was recently introduced and is still being worked through the system. If it passes, this law would make it illegal to use a drone in any way that interferes with lawful hunting and fishing activities.
This bill prevents any law enforcement agency from acquiring armored or weaponized drones from military surplus.
Montana Wildlife and Parks Policy
Drones are prohibited from being launched in or operated over all state parks unless the drone operation is authorized by a commercial or special use permit, or the drone is operated in any areas that are specifically designated for drone use.
Use of drones is prohibited in wilderness areas to protect wildlife from drone disturbances and to give people a break from them as well.
Montana Local Drone Laws
We weren’t able to find any local drone laws that apply to specific counties or areas in Montana currently active or pending. That doesn’t mean this won’t change soon, as new local laws can pass quickly and be implemented at any time. So make sure to keep checking local news sources and municipal announcements for drone law changes in the area before each flight.
Federal Drone Laws
The Federal Aviation Administration makes and enforces drone laws in the US. If you’re ever uncertain about the rules or regulations that apply to you, head on over to the FAA website. The agency divides drone users into two camps: hobbyists (recreational users) and those who use drones as part of their business or job in some way (commercial users).
Register Your Drone
You’re required by federal law to register your drone and mark it with the registration number and get a drone certificate that you have to be able to present when you fly your drone. Registration lasts for three years, after which you’ll have to reapply. You can register using DroneZone and it costs $5 per drone.
The registration process is a little different depending on whether you’re a commercial or recreational user, as commercial flyers need to write an aeronautical knowledge test and get their drone pilot’s license as well. While not in effect yet, the FAA is also planning on adding this requirement for recreational flyers in the future too.
Stick to the Safety Guidelines
Hobbyists and commercial fliers have safety guidelines set out by the FAA that they must adhere to at all times. Commercial flyers can apply for a waiver to get around some of the limits imposed by the FAA, but recreational flyers need to stick to the rules. Here are some of the rules that apply to both commercial and recreational flyers:
- Don’t fly higher than 400 feet (uncontrolled airspace) and remain below any surrounding obstacles when possible.
- Don’t fly within 5 miles of any airport.
- Do not interfere with any manned aircraft operations and give way to other aircraft.
- Keep the drone within eyesight at all times, and use an observer to assist if needed.
- Do not fly directly above other people or moving vehicles.
- Don’t operate from a moving vehicle unless it’s in a sparsely populated area (commercial flyers need to apply for a waiver).
- Do not fly while under the influence of substances such as alcohol or drugs.
- Don’t fly in a reckless manner.
- Do not fly at night, unless the drone has lighting that lets the pilot know its location at all times (recreational flyers only – commercial flyers have to apply for a waiver).
- Don’t interfere with any emergency response activities.
Commercial flyers should look at the Part 107 rules for a full guide on the regulations that apply to them. Both commercial and recreational flyers can use the the B4UFLY app to check whether they’re allowed to fly in local airspace, and can apply for a waiver to fly in controlled airspace through LAANC on the FAA website.
Drone Regulations Compliance Tips
There are many different drone regulations across the country. While federal laws apply across the whole country, every state, county, and town has its own rules regarding drones. It’s therefore a good idea to check every time before flying a drone in a new location to make sure you comply with any rules they have, however obscure they may be.
Even if there aren’t any specific rules in place regarding certain drone uses like flying above events, above government buildings, or around critical infrastructure such as power stations and correctional facilities, it’s best to stay away without permission anyway. The same goes for taking pictures or recording videos of people in places where they have a reasonable expectation of privacy.
Basically, apply common sense and decency even when there aren’t any additional drone-related laws in your area to protect the safety and privacy of others, and to stay out of trouble yourself. Law enforcement officials may decide that a different law still applies to you and you could get fined or jail time for it.
