Drone Laws in South Dakota

Summary of Drone Laws in South Dakota

Agencies Responsible for regulating drones in the State of South Dakota

Federal Aviation Administration

FAA Drone Website: https://www.faa.gov/uas/

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UAS Laws – General rules for flying drones in South Dakota

Drone operation in the State of South Dakota is broadly governed by The Federal USA agency responsible for drone safety, the FAA. Click here for details on FAA USA Drone Laws.

In addition, the South Dakota State legislature has enacted several supplemental rules specific to South Dakota drone operations. The highlights are enumerated below.

Are drones allowed in South Dakota?

Drones are allowed in South Dakota for recreational and commercial use, subject to FAA regulations and flight controls put in place by local governments. Read on for details.

Specific additional drone use laws by South Dakota legislature

Senate Bill SB 22 // 2017

This law states that unmanned aircraft systems (UAS) that weigh less than 55lbs (25kg) are exempt from aircraft registration requirements.

Senate Bill SB 80 (2017)

All drones and other UAS operations must comply with FAA requirements under this law. It prohibits drones from flying over military and correctional facilities. Failure to comply results in a Class 1 misdemeanor. UAS pilots who use unmanned aircraft to transport and deliver contraband to correctional facilities can be convicted of a class 6 felony.

SB 80 modifies illegal surveillance crime to include drones used to spy on people in places where they should assume a reasonable expectation of privacy. That includes photographing, filming, and recording unsuspected persons in a private location without their knowledge. The law also states drone operators must not land UAVs on private property without consent.

22-21-1.  – Trespassing to eavesdrop–Installation or use of unauthorized eavesdropping device–Drones.

Any person who, except as authorized by law:

1. Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place;
2. Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation;
3. Intentionally uses a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy; or
4. Lands a drone on the lands or waters of another resident provided the resident owns the land beneath the water body in its entirety without the owner’s consent, except in the case of forced landing and the owner or lessee of the drone will be liable for any damage resulting from a forced landing;

is guilty of a Class 1 misdemeanor. Subdivisions (2) and (3) do not apply to law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer’s lawful duties. These restrictions do not apply to a drone operator operating a drone for commercial or agricultural purposes pursuant to or in compliance with federal aviation administration regulations, authorizations, and exemptions nor do they apply to an emergency management worker operating a drone within the scope of the worker’s duties.

50-11-9.1. – Certain unmanned aircraft are exempt from registration.

Exempts UAS that weigh less than 55 pounds from aircraft registration requirements.

50-15-1.  – Drone defined.

50-15-2.  Compliance with federal requirements–Exemption from the chapter.

Any operation of a drone in the state shall comply with all applicable federal aviation administration requirements. Any drone operating under the authority of the Armed Forces of the United States, including the National Guard, is exempt from this chapter.

50-15-3. – Authorization required to operate a drone over certain facilities–Violation as misdemeanor.

No person may operate a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or any military facility unless expressly authorized by the administrator thereof. A violation of this section is a Class 1 misdemeanor.

50-15-4.– Prohibited delivery of contraband or controlled substance–Felony.

Any person who uses a drone to deliver contraband or controlled substances to a state prison or other correctional facility is guilty of a Class 6 felony in addition to the penalty for the principal offense.

50-15-5. Eavesdropping–Violation of privacy–Misdemeanor.

No person may, except as authorized by law, intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. A person who violates this section is guilty of a Class 1 misdemeanor.

This section does not apply to:

1. Law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer’s lawful duties;
2. A drone operator operating a drone for bona fide business or bona fide government purposes who unintentionally or incidentally photographs, records, or otherwise observes another person in a private place; or
3. A designated emergency management worker operating a drone within the scope of the worker’s duties.

50-15-6. Trespassing–Drone–Misdemeanor.

No person may, except as authorized by law, land a drone on the real property or the waters of a landowner who owns the real property beneath the water body, without the landowner’s consent. It is an affirmative defense if the landing was a forced landing, but in the case of a forced landing, the owner or lessee of the drone remains liable for any damage resulting from a forced landing. A person who violates this section is guilty of a Class 1 misdemeanor.

Specific additional UAV laws by local governments within South Dakota

City of Aberdeen | Municipal Law (2016)

Only hobby and recreational drone operations are permitted in city airspace under this ordinance when it’s safe to do so. Restricted areas are within one mile (5,280ft) of the city’s regional airport and within a 10,000ft non-precision approach to the airport’s runways.

Aberdeen No Fly Zone and Aberdeen Permitted Flight Zone

Other counties or towns within South Dakota may have specific restrictions within their jurisdictions. We recommend checking the local jurisdiction for the latest regulations.

UAS operation rules in Parks, Recreation and Cultural Preserves

No specific drone laws regarding parks within South Dakota were found at the time of our search. We recommend checking the local jurisdiction for the latest regulations.

Specific additional UAV laws laws in Jurisdictions within South Dakota

Counties or towns within South Dakota may have specific restrictions within their jurisdictions. We recommend checking the local jurisdiction for the latest regulations.

What you must know about South Dakota No Fly Zones or No Drone Zones

You need to know if you can operate your drone. Under what limitations? Whether you will need authorizations? And, if so, how to get those authorizations.

We encourage you to read our explainer. It provides more details here: Explainer – What You Must Know About No Fly Zones or No Drone Zones

How do I check for no-fly zones, no-drone zones, and uncontrolled or controlled airspace in South Dakota?

The FAA has partnered with Aloft to develop the B4UFLY mobile app. The app can tell you if there are any airspace restrictions where you want to fly.

If you are looking for a drone no-fly zone map, then B4UFLY is a good place to start.

The app provides situational awareness to recreational flyers and other drone users. You will need airspace authorizations to fly in controlled airspace. This app does not allow you to get airspace authorizations. Authorizations are available through the FAA’s Low Altitude Authorization and Notification Capability (LAANC).

The B4UFLY app is available to download for free:

Get the B4UFLY at the App Store for iOS.  https://apps.apple.com/us/app/b4ufly-drone-airspace-safety/id992427109

Get the B4UFLY at the Google Play store for Android.  https://play.google.com/store/apps/details?id=gov.faa.b4ufly2&hl=en_US&gl=US

B4UFLY is also available as a desktop version for preflight planning and research. https://b4ufly.aloft.ai/ (“B4UFLY App | Federal Aviation Administration”)

How do I get authorization to fly in controlled airspace in South Dakota?

Low Altitude Authorization and Notification Capability (LAANC) is run by the FAA. It is the only way to get permission to fly in controlled airspace.

LAANC is available to drone pilots. It applies if you are operating under the Small UAS Rule Part 107. And it applies if you are operating under the exception for Recreational Flyers.

You can get access through one of the FAA-approved LAANC UAS Service Suppliers. Some providers have apps that can be used to apply for approval in near-real time.

There are two ways to use LAANC:

• Submit a near real-time authorization request for operations. Applies to flights under 400 feet in controlled airspace around airports. This is available to Part 107 Pilots and Recreational Flyers.
• Submit a “further coordination request.” This applies if you need to fly above the designated altitude ceiling in a UAS Facility Map, up to 400 feet.
  • You can apply up to 90 days before a flight. The approval is coordinated manually through the FAA. This is available to Part 107 pilots only.

LAANC is available at 726 airports. Use the manual process to apply for authorizations for airports not offering LAANC.

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Notes for recreational drone pilots flying for fun in South Dakota

If you have a small drone of less than 55 pounds, you can fly recreationally by following Drone Laws in the USA defined by 49 USC 44809.

In South Dakota, recreational UAS operations (i.e., flying for recreational purposes) are approved under law, specifically 49 USC 44809. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

Following these rules will keep you and your drone safe. And that helps keep the airspace available to everyone.

All recreational flyers must pass an aeronautical knowledge and safety test. The Recreational UAS Safety Test (TRUST) meets this rule. You must provide proof of passage if asked by law enforcement or FAA personnel. 

TRUST provides education and testing on important safety and regulatory information. If you fly your drone recreationally under the Exception for Recreational Flyers, you must pass the test before you fly. 

Note: If your drone weighs more than .55 pounds (lbs), you must register your drone through the FAA’s Drone Zone.

For a complete discussion on drone registration, see our Drone Registration Explainer.

To fly your drone as a recreational flyer, it’s as easy as 1-2-3

1. Understand recreational flying requirements
   • Note: Non-recreational drone use is when you fly drones for business or to help out, not just for fun. For example, real estate agents may use drones to take photos of houses they are selling. Roof inspectors might use drones to get a closer look at roofs. A high school might have someone fly a drone to record football games and post videos on their website. Doing volunteer work with drones also counts as non-recreational use. So, non-recreational drone use is any time you operate a drone to do useful work. Or help others out. It is when you are not just doing it to enjoy flying it for hobby or sport. If you’re unsure which rules apply to your flight, fly under Part 107 (See below).
   • Visit the Recreational Flyers page to learn about the rules for recreational flyers.
   • Download the FAA’s B4UFLY mobile app for more recreational drone flying resources.
2. Take TRUST
   • You may take the free online test through any of the FAA-approved test administrators.
   • All FAA-approved TRUST test administrators offer the test free.
   • All test questions are correctable to 100% before issuing your completion certificate.
   • After completing TRUST, you must download, save, or print your completion certificate.
   • If you lose your certificate, you will need to retake TRUST.
   • View a list of TRUST Test Administrators
3. Receive your certificate
   • After you pass the test, you will receive a certificate. The test administrator you selected gives you your certificate.
   • Test administrators will not keep a record of your certificate. If law enforcement officers ask, you must present a copy of your certificate.

General Rules for Recreational Flyers

USC44809 is the Exception for Limited Recreational Operations of Unmanned Aircraft. It is the law that describes how, when, and where you can fly drones for recreational purposes. Following these rules helps keep people, your drone, and our airspace safe:

1. Fly only for recreational purposes (personal enjoyment).
2. Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO). Read Advisory Circular 91-57C. It provides more information on how to become an FAA-recognized CBO, 
3. Keep your drone within the visual line of sight. Or use a visual observer who is physically next to you and directly communicating with you.
4. Give way to and do not interfere with other aircraft.
5. Fly at or below FAA-authorized altitudes in controlled airspace with prior FAA authorization. Controlled airspace is Class B, C, D, and surface Class E designated for an airport. Get your FAA authorization using LAANC or DroneZone.
6. Fly at or below 400 feet in Class G (uncontrolled) airspace. Note: Flying drones in restricted airspace is not allowed. Before the flight, drone pilots should always check for airspace restrictions. You can do so on the B4UFLY app or the UAS Facility Maps webpage.
7. Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying.
8. Have a current FAA registration. Mark (PDF) your drones on the outside with the registration number. And carry proof of registration when flying. Starting September 16, 2023, registered drones must broadcast Remote ID information. The FAA has delayed enforcement to March 16, 2024.
9. Do not operate your drone in a manner that endangers the safety of the national airspace system.

Recreational drone pilots must not violate safety requirements. Nor should they operate their drone flight carelessly or recklessly. You could be liable for criminal and/or civil penalties if you do.

You do not need a drone license if your drone use is recreational and falls within the scope of 44809. But, to fly your drone commercially, you must first get a Remote Pilot Certificate (RPC). This is also true for flights under the FAA’s Small UAS Rule (Part 107). The RPC is also known as a drone license or a Part 107 certificate. You may want to get your drone license for the flexibility it allows in your drone flights.

For more details on drone licensing, please see our Drone License Explainer.

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Notes for operating Commercial Drone Services in South Dakota

If you have a small unmanned aircraft that is less than 55 pounds, you can fly for work or business by following the Drone Laws in the USA defined by FAA Part 107 guidelines.

Commercial drone operations in South Dakota are approved under the FAA Part 107. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

For a complete review of the FAA Part 107 regulation, please see our comprehensive FAA 107 Explainer.

Note: The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver as long as they meet the requirements defined in the rule. Airspace authorizations are still required for night operations in controlled airspace under 400 feet.

If you have a small drone of fewer than 55 pounds, you can fly for work or business by following the Part 107 guidelines. There are three main steps to fly under Part 107 rules.

Step 1: Learn the Rules

Ensure you understand what is and is not allowed under Part 107 rules.

• 14 CFR Part 107 Small Unmanned Aircraft Systems

If you are unsure if Part 107 rules work for you and your intended operation, check our user identification tool.

Some operations will need a waiver. Here are the regulations specified in §107.205 that are subject to waiver:

• Operation from a moving vehicle or aircraft – §107.25
• Operation at Night – §107.29(a)(2) and (b)
• Visual line of sight aircraft operation – §107.31
• Visual observer – §107.33
• Operation of multiple small unmanned aircraft systems – §107.35
• Yielding the right of way – §107.37(a)
• Operation over human beings – §107.39
• Operation in certain airspace – §107.41
• Operating limitations for small unmanned aircraft – §107.51
• Operations Over Moving Vehicles – §107.145

Learn more about Part 107 Waivers.

Drone operators should avoid flying near airports. It is difficult for crewed aircraft to see and avoid a drone while flying. Remember that the drone operator must avoid manned aircraft. You are responsible for any safety hazard your drone creates in an airport environment.

Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test

For more details on drone licensing, please see our Drone License Explainer.

To be eligible to get your Remote Pilot Certificate, you must be:

• At least 16 years old
• Able to read, write, speak, and understand English
• Be in a physical and mental condition to safely fly a UAS

Study for the Knowledge Test

• Review Knowledge Test Suggested Study Materials provided by the FAA.

Get an FAA Tracking Number (FTN)

• Create an Integrated Airman Certification and Rating Application (IACRA) profile. Then, register for the knowledge test.

Schedule an Appointment

• Take the Knowledge Test at an FAA-approved Knowledge Testing Center.

Complete FAA Form 8710-13

• Once you’ve passed your test for a remote pilot certificate (FAA Airman Certificate and/or Rating Application), log in to the FAA Integrated Airman Certificate and/or Rating Application System (IACRA)* to complete FAA form 8710-13.
• Review the entire process to get your Remote Pilot Certificate.

Step 3: Register your Drone with the FAA

For a complete discussion on drone registration, see our Drone Registration Explainer.

Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy to register. Learn more about registering your drone.

• Create an account and register your drone at FAADroneZone. Select “Fly sUAS under Part 107.”
• Once you’ve registered, mark your drone (PDF) with your registration number. The number will be useful in case it gets lost or stolen.

Commercial rules in Parks, Recreation and Cultural reserves

We suggest you contact the local parks agencies and check for specific permissions required.

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Useful published information on flying drones in South Dakota

We have partnered with the FAA and other drone enthusiasts in supporting an internet educational campaign called Know Before You Fly. The tips, pointers, and resources apply to South Dakota Drone Users also. Please visit the site for additional information: Know Before You Fly

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NOTE: This page is about the Regulation of Unmanned Aerial Vehicles: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model Aircraft, toy, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.

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Traveling with a Drone?

Click here to read our Comprehensive Guide For Traveling With A Drone.

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