Montana Senate proposes drone legislation to clarify airspace trespassing laws

In a recent meeting of the Montana Senate Judiciary Committee, lawmakers discussed Senate Bill 493, which aims to clarify drone usage laws in relation to property rights and public safety. The bill, initially introduced in the previous session, faced challenges but is now being revisited with proposed amendments to address concerns raised by various stakeholders.

The key provision of the bill stipulates that flying a drone 200 feet or lower over private property without authorization could result in trespassing fines of up to $500. However, the bill outlines several exemptions, including operations conducted by government agencies for public safety, law enforcement, and utility services. These exemptions are designed to accommodate essential services such as firefighting and emergency response, which often rely on drone technology.

Supporters of the bill, including representatives from the United Property Owners of Montana and various telecommunications companies, emphasized the need for clear regulations as drone usage becomes more prevalent. They argue that property owners should have control over the airspace above their land, reinforcing existing rights while also allowing for necessary exceptions.

The discussion also highlighted the importance of safety regulations, particularly in public spaces like the Capitol Complex, where unauthorized drone flights could pose risks. Proponents noted a past incident where an unauthorized drone crashed near the Capitol, underscoring the need for stricter controls.

Despite the bill's support, some concerns were raised regarding the clarity of the amendments and their implications for businesses operating in the airspace. Stakeholders, including insurance companies, expressed the need for further refinement to ensure that legitimate operations are not hindered.

As the committee concluded its discussions, the bill's sponsor expressed optimism about its prospects, aiming to pass it without significant opposition. The next steps will involve further review and potential adjustments to the proposed amendments before the bill moves forward in the legislative process. This legislation reflects a growing recognition of the need to balance technological advancements with property rights and public safety in Montana.