Regulations
There are specific regulations and guidelines that need to be put into practice while filming in Montana. Please give our office a call if you have any questions about the following regulations.
State Drone Laws in Montana
HB 644
This law prohibits using UAS, or unmanned aerial system, to interfere with wildfire suppression efforts. Anyone who violates this prohibition is monetarily liable for damages their interference causes. This law also prohibits local governments from enacting an ordinance addressing the use of UAS in relation to a wildfire.
SB 196
This law limits when information gained from the use of UAS may be admitted as evidence in any prosecution or proceeding within the state as only information that was obtained with a search warrant or through a judicially recognized exception to search warrants.
Federal Drone Laws
These are drone laws that apply to every state in the U.S., including Montana, and were created by the federal government.
To fly a drone as a commercial pilot in the state of Montana, i.e., for work or business purposes, you are required to follow the requirements of the FAA’s Part 107 Small UAS Rule (Part 107), which includes passing the FAA’s aeronautical knowledge test to obtain a remote pilot certificate.
To fly a drone as a hobbyist in the state of Montana, i.e., for fun or pleasure, you are required to follow the FAA’s recreational model aircraft rules. If your drone weighs more than 0.55 lbs. or 250g, you’ll need to register it with the FAA here. There are additional rules when it comes to airspace and altitude, keeping your drone within line-of-sight while you’re flying and more.
To fly a drone as a government employee in the state of Montana, i.e., for a police or fire department, you may either operate under the FAA’s Part 107 rule or obtain a federal certificate of authorization.
The standard insurance requirement for shooting in Montana is $1 million comprehensive general liability insurance in the form of an original certificate, covering the entire period of the shoot, naming the state of Montana and its employees as additional insured. Additional coverage maybe required for hazardous work such as highway stunts.
Unemployment Insurance
Employers liable under the federal Unemployment Tax Act are also liable for Montana unemployment tax when hiring Montana employees. Out-of-state employers bringing workers to Montana for a temporary job are subject to the reporting requirements of their base state.
For more information contact:
Montana Department of Labor and Industry
P.O. Box 8020
Helena, MT 59604
Workers’ Compensation
Workers’ compensation insurance is required in Montana. All employers, with limited exception, are required to cover all their employees, including full-time, part-time, seasonal or occasional employees.
For more information contact:
Montana Department of Labor and Industry
Workers’ Compensation Regulation Bureau
P.O. Box 8011
Helena, MT 59604-8011
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P.O. Box 4759
Helena, MT 59604
Child Labor Laws
Montana does not have specific child labor laws covering children employed as actors, actresses, or performers in motion pictures, theatrical, radio or television productions. The state does, however, restrict certain types of hazardous employment for children. Employers must comply with federal child labor laws. Refer to Montana’s child labor law reference guide. You can read more about child labor laws and filming in Montana here.
For more information please contact:
Montana Department of Labor and Industry
Compliance and Investigations Section
P.O. Box 201503
Helena, MT 59620
Wage and Hour Laws
For more information please contact:
Montana Department of Labor and Industry
Compliance and Investigations Bureau
P.O. Box 201503
Helena, MT 59620
Sales Tax
Montana does not have a state sales tax. However, some communities may have levied a resort and/or local options tax not to exceed 3%. Currently, Montana’s resort tax and local option tax communities/areas are: Big Sky, Red Lodge, Seeley Lake, St. Regis, Virginia City, West Yellowstone and Whitefish.
Lodging Facility Use Tax
Bona fide production companies staying longer than 30 days at the same hotel/motel are exempt from the 8% lodging facility sales and use tax. Tourism and film promotion are funded through 4% of the lodging facility use tax, commonly known as the bed tax.
Income Tax Withholding
Every resident and nonresident employer doing business in Montana is required to withhold Montana income tax from wages paid to an employee for services rendered in this state. This tax is withheld as the wages are paid. Download the withholding tax guide.
For more information please contact:
Montana Department of Revenue
406-444-6900
- or -
Montana Department of Revenue
Business and Income Tax Division
Lee Baerlocher, division administrator
Fuel Permits
All diesel-powered vehicles weighing more than 26,000 pounds GVW have two licensing options for operating in Montana. Both are readily available and are either inexpensive or free.
Short Term – Temporary Fuel Permit:
Driver must purchase a permit at the first open weigh station after crossing border. The permit is good for 72 hours.
IFTA – International Fuel Tax Assessment Permit:
Driver must display valid IFTA permit from home state at open weigh stations after crossing border. This will allow free passage into Montana and no other fuel permit is required.
Fuel Used Off the Road:
Producers may receive a refund of taxes paid on fuel used in generators and in unlicensed vehicles such as tractors and other equipment not designed for use on public roads. Documentation must be presented when claiming fuel tax refunds, and claims must be made within 36 months of purchase.
Claims are available by contacting:
Montana Department of Transportation
Tracy Halubka, motor fuels supervisor
2701 Prospect Ave.
Helena, MT 59620
406-444-0806
Animals
NON-DOMESTIC / EXOTIC ANIMALS
12.6.2220 Prohibited Species link and rules
Link to Fish Wildlife and Parks https://fwp.mt.gov/
12.6.2220 Prohibited Species Permits of the Administrative Rules of Montana
(1) The department may issue a permit for possession of a prohibited species only to the following:
(a) a zoo or aquarium which is an accredited institutional member of the American Association
of Zoological Parks and Aquariums;
(b) a roadside menagerie or zoo licensed by the department;
(c) a business that displays, exhibits, or uses the species for exhibition or commercial
photography or television and has a USDA Class C Exhibitor's license if the species:
(i) is accompanied by evidence of lawful possession;
(ii) is not in this state for more than 90 days or a time period authorized by the
department;
(iii) is maintained under complete control and prohibited from coming into contact with
members of the general public unless authorized for such contact by the department.
If the person is displaying, exhibiting, or using animals for commercial purposes other
than food or fiber, he/she must possess the appropriate license issued by the United
States Department of Agriculture; and
(iv) is accompanied by an official certificate of veterinary inspection as defined in ARM
32.3.206 "Official Health Certificate" and an entry permit number issued by the
Montana Department of Livestock within ten days of entry into Montana;
(d) a college, university, or government agency, for scientific or public health research;
(e) any other scientific institution, as determined by the department, for research or medical
necessity;
(f) a tax-exempt nonprofit organization licensed by the United States Department of Agriculture
that exhibits wildlife solely for educational or scientific purposes;
(g) a person who, due to a medical necessity, has assistance requirements that may be provided
by the prohibited species and that requirement is certified by a physician licensed in the
state of Montana; or
(h) a rescue facility for exotic wildlife with either national or state agency affiliation engaged in
temporary housing of exotic wildlife for the purpose of rescue for relocation.
(2) An interstate shipment of a prohibited species may be transported through this state, without a
permit or license issued by the department, if:
(a) the shipper or transporter has evidence of lawful possession of the species issued by the
state or country where the species originated;
(b) mammals, birds, reptiles, and amphibians are accompanied by a certificate of veterinary
inspection issued by an accredited veterinarian in the state or country where the species
originated that indicates the destination and origin of the species being transported;
(c) fish are accompanied by a health certificate issued in the state or country where the species
originated that indicates the destination and origin of the species being transported; and
(d) the species is not unloaded or otherwise released while being transported through this
state.
(3) The department may amend, suspend, or cancel a permit if necessary to protect native wildlife,livestock, public health, public safety, or the environment.
Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2008 MAR p.2179, Eff. 10/10/08.
IMPORT PERMITS
Montana Department of Commerce
301 S Park Ave, Helena, MT 59620
Contact Us | 406-841-2700
Montana Relay 711
