Ready to Fly? #
You have your TRUST or Part 107 certificate. You checked B4UFly. What else do you need to know before you fly your drone in Idaho? First, Idaho law restricts certain uses of unmanned aircraft systems (UAS). Second, there are consequences for breaking the rules. Let’s explore what Idaho law says about your drone use.
UAS Definition #
Idaho Code § 21-213, which establishes the primary restrictions on drone use, defines an unmanned aircraft system as “an unmanned aircraft vehicle, drone, remotely piloted vehicle, remotely piloted aircraft or remotely operated aircraft that is a powered aerial vehicle that does not carry a human operator, can fly autonomously or remotely and can be expendable or recoverable.”[1] For purposes of the restrictions under Section 21-213, UAS does not include model flying airplanes or rockets, nor do the restrictions apply to UAS used in mapping or resource management.[2]
Privacy and Surveillance #
Simply put, don’t use your drone to spy on people. Individuals, entities, and state agencies are prohibited from using UAS to “intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record” specifically targeted persons or specifically targeted private property, without written consent.[3] This includes, but is not limited to, the following:[4]
- Individuals.
- An individual’s home and the land around it.
- A farm, dairy, ranch, or other agricultural industry.
- Commercial or industrial property.
Photos and Video of People and Private Property #
Photography and videography are two of the most popular uses of drones. If you want to use your drone to take photos or videos of people or property, you need to know when it’s allowed and when it’s not.
In Idaho, you are not allowed to take photos or video of people “for the purpose of” publishing or otherwise publicly disseminating the photos or video (such as posting on a website or social media), unless you have written consent from every individual in the photo or recording.[5] The “for the purpose of” language is important. Under the language of Section 21-213, if your intent at the time of taking the photo/video is to eventually publish or share it publicly, you must first have written consent from everyone depicted. It doesn’t matter whether you actually publish it or not. It is the act of taking the image with the intent to publish that is the issue, not the fact of publication. Conversely, it logically follows that if your purpose is for private use (scrapbooking, personal history, sharing only with friends or family, etc.) then the restriction does not apply.
What about photos/videos of property? Section 21-213 provides that you must have written permission to use your drone to photograph or video “specifically targeted” private property, including private dwellings, agricultural property, and commercial/industrial property.[6] This restriction does not apply to public property. However, there might be local, state, or federal restrictions on taking photos or videos of specific public property, which you should verify prior to flying.
Interestingly, the statute does not have any exception for taking photos/video of yourself or your own property. However, since you are unlikely to sue yourself for capturing the images perhaps the legislature took this as a given.
Hunting #
Idaho restricts the use of drones for hunting.[7] Unless the Idaho Fish and Game Commission establishes rules stating otherwise, you can’t use a drone to:
- Hunt game animals or game birds.
- Molest, stir up, rally, or drive game animals or game birds in any manner.
- Spot or locate game animals, game birds, or furbearing animals from the air and communicate the location or approximate location to someone on the ground.
- Locate any big game animal for the purpose of hunting the animal on the same calendar day it was located from the air.
- Shine a light on an animal or bird to aid hunting.
Idaho Public Lands #
Aircraft, including UAS, are generally prohibited from taking off or landing on any land owned or controlled by the Idaho Department of Fish and Game.[8] However, operation of model airplanes, gliders, and drones may be authorized in state parks “if such activities do not interfere with traditional uses of the park and are consistent with preservation of park resources.”[9] For example, drones may be used in Bruneau Dunes State Park “in the designated UAV area.”[10] In contrast, drone use is not permitted in Coeur d’Alene’s Old Mission State Park.[11] Be sure to check the rules of the park you are visiting before flying your drone.
Consequences #
Violation of the restrictions of Idaho Code § 21-213 gives rise to a civil cause of action. In other words, break the law and you can be sued. For example, if you use your drone to take a photo of an individual and post it on Instagram without the individual’s written consent, that individual can sue you for damages. The minimum amount of damages you could be forced to pay is $1,000, plus attorney’s fees and costs.[12] If the individual’s “actual and general damages” are greater than $1,000, they can be awarded the greater amount.[13] Good reason to think before you snap that photo.
Violating hunting restrictions is a misdemeanor criminal offense. It can result in revocation of your hunting, fishing, or trapping license for up to 3 years, a fine of $25-$1,000, and a sentence of up to 6 months in jail.[14] Even if you think you’ll just use your drone to capture the beautiful scenery, if you’re going hunting, in order to avoid the temptation or accusation of using it in the hunt, you might just want to leave your drone at home.
Exceptions #
Of course, there are certain exceptions to these prohibitions on drone use. These primarily pertain to law enforcement agencies, fire departments, and local, state and federal government entities. One unique exception is for people/entities that own facilities on someone else’s property, whether by “valid easement, permit, license, or other right of occupancy.”[15] In such cases, the facility owner is permitted to use UAS to aerially inspect the facility.
[1] Idaho Code § 21-123(1)(a)
[2] Idaho Code § 21-123(1)(b)
[3] Idaho Code § 21-213(2)(a)
[4] Id.
[5] Idaho Code § 21-213(2)(b)
[6] Idaho Code § 21-213(2)(a)
[7] Idaho Code § 36-1101
[8] IDAPA 13.01.03
[9] IDAPA 26.01.20 175.11
[10] https://parksandrecreation.idaho.gov/parks/bruneau-dunes/
[11] https://parksandrecreation.idaho.gov/parks/coeur-d-alenes-old-mission/
[12] Idaho Code § 21-213(3)
[13] Id.
[14] Idaho Code § 36-1402(c),(e)
[15] Idaho Code § 21-213(4)
