The short answer
Not low, and not without permission. The FAA controls the airspace, but Montana made low flights over someone else's land a trespass offense in 2025. Knowingly flying a drone 200 feet or lower over another person's property or residence, without the authorization of the owner or the resident, is criminal trespass by unmanned aerial vehicle. The fine is $500.
What the Montana law says
The offense is in Montana Code Annotated 45-6-210, passed in 2025 as Senate Bill 493. It has three parts: the flight is 200 feet or lower, it is over property or a residence that belongs to someone else, and the owner or resident has not authorized it.
Who it does not apply to
- Government agencies and their contractors working to protect public safety, the environment or welfare, such as firefighting, law enforcement and emergency response
- Peace officers acting under the state's rules for police drone use
- Flights inside an easement, with the permission of the easement holder
- Utility and broadband workers assessing damage or inspecting property and equipment
- An owner or operator who holds an active FAA license and is flying for legitimate business purposes, consistent with FAA rules
Where the FAA fits
The FAA has exclusive authority over aviation safety and the efficient use of the airspace, which covers how high and where aircraft fly. In a 2023 fact sheet the FAA and the Department of Transportation said states generally can still make laws on privacy, voyeurism, harassment and trespass, on land use, and on where drones may take off and land. Montana's law is a trespass law of that kind.
What that means before you fly
- Ask the owner or the resident first if the flight will pass low over their land.
- Plan the path so the drone stays over ground you have permission to fly over.
- Keep the camera on your subject and off the neighbors.
How we plan a shoot around it
Our approach is simple: we plan each flight to stay over the property we were hired to shoot and the public street, we don't hover over neighbors, and the camera stays pointed at the subject. For listings, we ask the agent to let the sellers know a drone will be overhead, and we're happy to talk to a neighbor who asks what we're doing.
Airspace is a separate question. Where you can fly a drone in Billings covers the airport's airspace and the rules for parks and public land.
This page is a plain summary, not legal advice. The sources linked here are the authority, and the rules change. Last checked November 13, 2026.