ID – Idaho
The Couer d’Alene Golf Course in Idaho is home to the world’s only floating green.
Photo courtesy of the CIA World Factbook
Idaho government website just for reference.
The IDDOT has a IDDOT UAS Page.
Idaho Legislature in case more laws were written since this book was published.
Last updated on March 22, 2024
Airspace
In addition to checking the FAA UAS Facility Map or B4UFLY or SkyVector or Google Maps one should consider also FAA JO 7400.10F – Special Use Airspace which is an order, published yearly, providing a listing of all regulatory and non-regulatory special use airspace areas, as well as issued but not yet implemented amendments to those areas established by the FAA.
Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.
Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:
(a) The using agency described in § 73.15; or
(b) The controlling agency described in § 73.17.
These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:
(1) Schedule activities within the restricted area;
(2) Authorize transit through, or flight within, the restricted area as feasible; and
(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.
For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.
Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.
Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.
Alert Areas: Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.
Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.
National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.
Crewed Aircraft in your Airspace
CREWED AIRCRAFT
Idaho Statute 21-213
Title 21 – Aeronautics
Chapter 2 – State law for Aeronautics
Restrictions on use of UAS – definition – violation – cause of action and damages.
(1) (a) For the purposes of this section, the term “unmanned aircraft system” (UAS) means an UAV, 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.
(b) UAS does not include:
(i) Model flying airplanes or rockets, including but not necessarily limited to those that are radio-controlled or otherwise remotely controlled and that are used purely for sport or recreational purposes; and
(ii) An UAS used in mapping or resource management.
(2) (a) No person, entity or state agency shall use an 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, including but not limited to:
(i) An individual or a dwelling owned by an individual and such dwelling’s curtilage, without such individual’s written consent;
(ii) A farm, dairy, ranch, or other agricultural industry, or commercial or industrial property, without the written consent of the property owner.
(b) No person, entity, or local, state, or federal agency shall use an UAS to photograph or otherwise record an individual, without such individual’s written consent, for the purpose of publishing or otherwise publicly disseminating such photograph or recording.
(c) Nothing in this section shall be construed to prohibit any law enforcement agency, fire department, or other local or state government entity from using an UAS:
(i) To assist with traffic accident documentation or reconstruction;
(ii) To assist with crowd or traffic management of an event by providing an aerial perspective of the public streets and intersections leading to and from a sports or entertainment arena, fairgrounds, stadium, convention hall, special event center, amusement facility, outdoor concert venue, plaza, or special event area, provided that the law enforcement agency shall not issue traffic infraction citations based solely on images or video captured by an UAS;
(iii) To assess damage due to a natural disaster or fire;
(iv) For the training of persons in the operation and use of an UAS, provided that any images or video captured during a training shall not be used as evidence in any criminal proceeding and shall comply with the provisions of this section;
(v) To assist in search and rescue operations, crime scene investigations, or temporary law enforcement use of an UAS to respond to emergencies in which there is an imminent threat to lives or property, or to respond to an emergency affecting public safety; or
(vi) Following the issuance of a warrant, where a warrant is required under Idaho or federal law.
(3) Any person who is the subject of prohibited conduct under subsection (2) of this section shall:
(a) Have a civil cause of action against the person, entity, or local, state, or federal agency for such prohibited conduct; and
(b) Be entitled to recover from any such person, entity, or local, state, or federal agency damages in the amount of the greater of one thousand dollars ($1,000) or actual and general damages, plus reasonable attorney’s fees and other litigation costs reasonably incurred.
(4) An owner of facilities located on lands owned by another under a valid easement, permit, license or other right of occupancy is not prohibited in this section from using an UAS to aerially inspect such facilities.
Idaho Statute 36-1101
Title 36 – Fish and game
Chapter 11 – Protection of animals and birds
Taking of wildlife unlawful except by statute or commission rule or proclamation – methods prohibited – exceptions.
(a) It is unlawful, except as may be otherwise provided by Idaho law, including this title or commission rules or proclamations promulgated pursuant thereto, for any person to take any of the game animals, birds, or furbearing animals of this state.
(b) Except as may be otherwise provided under this title or commission rules or proclamations promulgated pursuant thereto, it is unlawful for any person to:
1. Hunt from Motorized Vehicles. Hunt any of the game animals or game birds of this state from or by the use of any motorized vehicle, including any UAS, except as provided by commission rule; provided however, that the commission shall promulgate rules which shall allow a physically disabled person to apply for a special permit which would allow the person to hunt from a motorized vehicle which is not in motion. A physically disabled person means a person who has lost the use of one (1) or both lower extremities or both hands, or is unable to walk two hundred (200) feet or more unassisted by another person, or is unable to walk two hundred (200) feet or more without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair, or is unable to walk two hundred (200) feet or more without great difficulty or discomfort due to one (1) or more of the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb.
The commission shall specify the form of application for and design of the special permit which shall allow a physically disabled person to hunt from a motorized vehicle which is not in motion. No fee shall be charged for the issuance of the special permit and the issuance of a special permit shall not exempt a person from otherwise properly purchasing or obtaining other necessary licenses, permits and tags in accordance with this title and rules promulgated pursuant thereto. The special permit shall not be transferable and may only be used by the person to whom it is issued. A person who has been issued a special permit which allows a physically disabled person to hunt from a motorized vehicle not in motion shall have that permit prominently displayed on any vehicle the person is utilizing to hunt from and the person shall produce, on demand, the permit and other identification when so requested by a conservation officer of the department of fish and game. A person possessing a special permit shall not discharge any firearm from or across a public highway. In addition to other penalties, any unauthorized use of the special permit shall be grounds for revocation of the permit.
2. Molest with Motorized Vehicles. Use any motorized vehicle, including any UAS, to molest, stir up, rally or drive in any manner any of the game animals or game birds of this state.
3. Communicate from Aircraft. Make use of aircraft, including any UAS, in any manner to spot or locate game animals, game birds or furbearing animals of this state from the air and communicate the location or approximate location thereof by any signals whatsoever, whether radio, visual or otherwise, to any person then on the ground.
4. Hunt from Helicopter. Make use of any helicopter in any manner in the taking of game or loading, transporting, or unloading hunters, game or hunting gear in any manner except when such use is at recognized airports or airplane landing fields, or at heliports which have been previously established on private land or which have been established by a department or agency of the federal, state or local government or when said use is in the course of emergency or search and rescue operations. Provided however, that nothing in this chapter shall limit or prohibit the lawful control of wolves or predatory or unprotected animals through the use of helicopters when such measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans.
5. Hunt with Aid of Aircraft. Make use of any aircraft, including any UAS, to locate any big game animal for the purpose of hunting those animals during the same calendar day those animals were located from the air. Provided however, that nothing in this chapter shall limit or prohibit the lawful control of wolves or predatory or unprotected wildlife through the use of aircraft when such measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans.
6. Artificial Light. Hunt any animal or bird except raccoon by the aid of a spotlight, flashlight or artificial light of any kind. The act of casting or throwing, after sunset, the beam or rays of any spotlight, headlight or other artificial light capable of utilizing six (6) volts or more of electrical power upon any field, forest or other place by any person while having in his possession or under his control any uncased firearm or contrivance capable of killing any animal or bird, shall be prima facie evidence of hunting with an artificial light. Provided nothing in this subsection shall apply where the headlights of a motor vehicle, operated and proceeding in a normal manner on any highway or roadway, cast a light upon animals or birds on or adjacent to such highway or roadway and there is no intent or attempt to locate such animals or birds. Provided further, nothing in this subsection shall prevent the hunting of unprotected or predatory wildlife with the aid of artificial light when such hunting is for the purpose of protecting property or livestock, is done by landowners or persons authorized in writing by them to do so and is done on property they own, lease or control; and provided further that the hunting and taking of unprotected or predatory wildlife with the aid of artificial light on public lands is authorized after obtaining a permit to do so from the director. The director may, for good cause, refuse to issue such permit.
Other provisions of this subsection notwithstanding, the commission may establish rules allowing the hunting of raccoon with the aid of an artificial light.
7. Regulation of Dogs.
(A) No person shall make use of a dog for the purpose of pursuing, taking or killing any of the big game animals of this state except as otherwise provided by rules of the commission.
(B) Any person who is the owner of, or in possession of, or who harbors any dog found running at large and which is actively tracking, pursuing, harassing or attacking, or which injures or kills deer or any other big game animal within this state shall be guilty as provided in section 36-1401(a)1.(F), Idaho Code. It shall be no defense that such dog or dogs were pursuing said big game animals without the aid or direction of the owner, possessor, or harborer.
(C) Any dog found running at large and which is actively tracking, pursuing, harassing, attacking or killing deer or any other big game animal may be destroyed without criminal or civil liability by the director, or any peace officer, or other persons authorized to enforce the Idaho fish and game laws.
8. Attempt to Take Simulated Wildlife.
(A) Attempt to take, by firearm or any other contrivance capable of killing an animal or bird, simulated wildlife in violation of any of the provisions of this title or commission rules applicable to the taking of the wildlife being simulated, when the simulated wildlife is being used by a conservation officer or other person authorized to enforce Idaho fish and game laws or rules promulgated pursuant thereto. No person shall be found guilty of violating either this subparagraph, or subparagraph (B) of this paragraph, provided that no other law or rule has been violated.
(B) Any person pleading guilty to, convicted of or found guilty for attempting to take simulated wildlife within this state shall be guilty of a misdemeanor and shall be punished as provided in either subsection (c) or (e) of section 36-1402, Idaho Code, and shall pay restitution in an amount of no less than fifty dollars ($50.00) for the repair or replacement of the simulated wildlife.
9. Devices Accessed via Internet.
(A) No person shall shoot at or kill any bird or animal in Idaho, wild or domestic, including domestic cervidae governed under the provisions of chapter 37, title 25, Idaho Code, with any gun or other device accessed and controlled via an internet connection. Accessing, regulating access to, or regulating the control of a device capable of being operated in violation of this paragraph shall be prima facie evidence of an offense under this paragraph.
(B) Any person pleading guilty to, convicted of or found guilty of a violation of this paragraph shall be guilty of a misdemeanor and shall be punished as provided in section 36-1402, Idaho Code.
Ada County Code 5-4-10
Unmanned Aircraft:
A. Purpose: The purpose of this section is not to preempt the FARs, but to operate in conjunction with those rules to promote public safety and welfare of Ada County and its residents while recognizing the FAA’s enforcement capabilities.
B. Definition: UA, also known as an UAS means an UAV, 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.
C. Registration And Certificate: Every individual operating a UAS must register the same, excluding model aircraft, with the FAA and must obtain a remote pilot certificate from the FAA as required by 14 CFR 107 rule or the FAA Modernization and Reform Act of 2012 section 333 (the “section 333 rule”). The individual is required to have the pilot certificate readily available while operating the UAS.
D. Prohibitions: No person shall operate an UA:
1. In a manner that harasses, startles, or annoys pedestrians or vehicles, threatens their safety and welfare, or creates or causes a public nuisance, or
2. In a reckless or careless manner so as to endanger the life or property of another, or
3. For the purpose of capturing a person’s visual image, audio recording or other physical impression in any place where the person would have a reasonable expectation of privacy, or
4. In a manner that interferes with the lawful efforts of a firefighter or other public safety officer to extinguish a fire or respond to a medical or other emergency.
E. Exceptions:
1. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the FAA to operate a UAS in County airspace, pursuant to section 333 of the FAA Modernization and Reform Act of 2012, the part 107 rule, or a certificate of waiver, certificate of authorization (COA) or other FAA grant of authority to specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the FAA.
2. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit the use of a UAS by a law enforcement agency with a warrant or for emergency response for safety search and rescue or controlled substance investigations, as set forth in Idaho Code section 21-213(2)(a).
F. Violation – Penalty: It shall be unlawful for any person to violate or fail to comply with this section. Any person violating the provisions of this section shall be guilty of an infraction and shall be subject to a one hundred dollar ($100.00) fine.
G. Severability: If any provision of this section is held to be invalid by a court of competent jurisdiction, then such provision shall be considered severable from the remaining provisions, which shall remain in full force and effect.
Canyon County Code 4-01-11
Prohibited acts:
…
(7) Drones: Except when authorized by the director of Canyon County department of parks, cultural and natural resources, no person shall launch, land, or operate drones or other radio-controlled aircraft in any Canyon County Park. Drones and radio-controlled aircraft may not operate below five hundred feet (500′) in any Canyon County Park airspace.
Idaho County Code 91
91.015 PROHIBITED ACTIONS.
The following actions are prohibited on Idaho County Airport Property (ICAP) without a written permit, signed and dated by the county’s Airport Manager, to wit:
(A) Overnight camping on the county’s airport property. OVERNIGHT CAMPING is any overnight stay, whether in a tent, recreational vehicle, or motorized vehicle;
(B) Smoking on any outdoor airport property, or within 500 feet of any fueling facility or fueling operation;
(C) Unleashed animals upon airport property. Any animals brought upon airport property must be on a leash at all times. At no time shall an animal be unleashed;
(D) The use of drone operations and/or unmanned aerial vehicles on or above airport property. DRONES and/or UNMANNED AERIAL VEHICLES to be defined as any unmanned aerial aircraft without a human pilot onboard and any type of unmanned vehicle. Unmanned aerial vehicles are a component of an unmanned aircraft system and include: an unmanned aerial vehicle; a ground based controller; and a system of communication between the two;
(E) Any and all unauthorized vehicle (including, but not limited to: utility terrain vehicles; all-terrain vehicles; and motorcycles) access upon airport property;
(F) Walking, jogging, power walking, or running upon all airport runways/taxi-lanes or aircraft parking areas, except to access or attend to an aircraft; and
(G) Aircraft landing on any surfaces not designated by the FAA.
Idaho Department of Fish and Game Rules
Idaho Department of Fish and Game
These rules apply to individuals who enter, use or occupy lands or water owned or controlled by the Commission or Department. These rules govern the use of lands owned or controlled by the Department. The purpose of these rules include protection of these lands from damage while supporting their public use and enjoyment, consistent with the various purposes for which they are acquired. The purpose of these rules also includes balance of fish and wildlife habitat needs on Department lands, along with management of social aspects to provide a range of opportunities and balance different public user interests and preferences.
University Drone Policies
Boise State University – Drone Policy
Brigham Young University-Idaho
Note: This list is just a sample… many more could be added.
Advanced Air Mobility (AAM)
2023 – Uncrewed Aircraft Systems – Idaho Transportation Department
Short Essay Questions
Question 1
You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.
They need you to prepare a one-page memo detailing the legalities of filming a golf tournament at the Couer d’Alene Golf Course in Idaho, pictured above.
They need you to mention any state laws and local ordinances.
They specifically want to know what airspace you will be operating in, and whether or not you need an airspace authorization, with or without LAANC capability.
Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!
Question 2
Do the state drone laws implicate the First Amendment? If so, describe, citing the exact law.
Question 3
Do the state drone laws implicate the Fourth Amendment? Or involve law enforcement officers obtaining warrants? If so, describe, citing the exact law.
Question 4
Do the state drone laws contain a preemption clause? If so, describe, citing the exact law.
Question 5
Does the state have UAM/AAM laws? If so, describe, citing the exact law.
Question 6
Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.
