South Dakota Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
South Dakota maintains a moderate regulatory posture toward drone operations, with state law addressing privacy, critical infrastructure protection, and contraband delivery to correctional facilities. HB 1280, signed into law in March 2026, increases penalties for drone operations over certain sensitive facilities and authorizes mitigation techniques and countermeasures. The state generally defers to federal FAA requirements for commercial operations while imposing specific restrictions on surveillance and operations over sensitive facilities. Local ordinances in cities like Aberdeen and Deadwood restrict drone use to recreational purposes only, though the state has not enacted a broad preemption statute.
State Drone Laws
SB 22 (2017)UAS Aircraft Registration Exemption
Exempts unmanned aircraft systems (UAS) that weigh less than 55 pounds from state aircraft registration requirements under South Dakota law. Federal FAA registration requirements still apply.
SB 80 (2017)Drone Operations Regulations and Unlawful Surveillance
Requires UAS operation to comply with all applicable FAA requirements. Prohibits operation of drones over the grounds of correctional and military facilities. Modifies unlawful surveillance law to include intentional use of a drone to observe, photograph, or record someone in a private place with a reasonable expectation of privacy. Prohibits landing a drone on an individual's property without consent. Criminalizes use of a drone to deliver contraband or drugs to a correctional facility.
HB 1280 (2026)Increased Penalties for Drone Operations Over Sensitive Facilities and Authorization of Countermeasures
Increases penalties for the operation of drones over certain sensitive facilities in South Dakota. Provides authorization for the use of mitigation techniques and countermeasures against unauthorized drone operations over protected facilities. Signed by the Governor on March 12, 2026.
SB 219 (2026)State Agency Aircraft Consultation Requirement
Requires that a state agency consult with the South Dakota Aeronautics Commission prior to purchasing, transferring, or disposing of a state-owned and operated aircraft, including UAS. Signed by the Governor on March 30, 2026.
Local/Municipal Ordinances
City of Aberdeen
cityMunicipal Law - Drone Operations
City ordinance permitting drone operations in city airspace for hobby or recreational purposes only. Commercial drone operations are not addressed or are effectively restricted by the ordinance's limiting language.
Restrictions
Operations limited to hobby or recreational purposes only. Commercial drone operations not addressed or prohibited under the ordinance.
City of Deadwood
cityOperating Regulations for Drones
City ordinance authorizing limited drone operation in city airspace for hobby or recreational purposes only. The city commission authorizes limited drone operations under specific conditions.
Restrictions
Operations limited to hobby or recreational purposes only. City commission authorization required for drone operation.
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Operation of drone over correctional or military facility grounds (SB 80 / SDCL) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | South Dakota Law Enforcement | Class 1 misdemeanor penalties governed by SDCL § 22-6-2. Fine and imprisonment maximums reflect standard South Dakota Class 1 misdemeanor sentencing. |
| Use of drone to deliver contraband or drugs to a correctional facility (SB 80 / SDCL) | Class 6 Felony | Up to $4,000 | Up to 2 years | South Dakota Law Enforcement | Class 6 felony penalties governed by SDCL § 22-6-1. Fine and imprisonment maximums reflect standard South Dakota Class 6 felony sentencing. |
| Unlawful surveillance via drone; intentional observation, photography, or recording in private place with reasonable expectation of privacy (SB 80 / SDCL) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | South Dakota Law Enforcement | Includes landing a drone on an individual's property without consent. Penalties governed by SDCL § 22-6-2. |
| Drone operations over sensitive facilities in violation of HB 1280 (2026) | To be confirmed upon review of enrolled bill text | South Dakota Law Enforcement | HB 1280 signed March 12, 2026 increases penalties for drone operations over certain facilities. Exact penalty classification and amounts require verification against enrolled bill text. |
Operation of drone over correctional or military facility grounds (SB 80 / SDCL)
Class 1 misdemeanor penalties governed by SDCL § 22-6-2. Fine and imprisonment maximums reflect standard South Dakota Class 1 misdemeanor sentencing.
Use of drone to deliver contraband or drugs to a correctional facility (SB 80 / SDCL)
Class 6 felony penalties governed by SDCL § 22-6-1. Fine and imprisonment maximums reflect standard South Dakota Class 6 felony sentencing.
Unlawful surveillance via drone; intentional observation, photography, or recording in private place with reasonable expectation of privacy (SB 80 / SDCL)
Includes landing a drone on an individual's property without consent. Penalties governed by SDCL § 22-6-2.
Drone operations over sensitive facilities in violation of HB 1280 (2026)
HB 1280 signed March 12, 2026 increases penalties for drone operations over certain facilities. Exact penalty classification and amounts require verification against enrolled bill text.
Registration Requirements
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
South Dakota does not require state-level registration for UAS weighing less than 55 pounds (SB 22, 2017). Federal FAA registration is required for recreational drones weighing more than 0.55 lbs (250g). Commercial operators must comply with FAA Part 107 requirements.
No state permit required for general drone operations. Commercial operators must hold FAA Part 107 Remote Pilot Certificate. State agencies must consult with the Aeronautics Commission before acquiring or disposing of state-owned aircraft including UAS (SB 219, 2026).
Applicable Federal Regulations
FAA Part 107 Compliance
Commercial drone operations in South Dakota must comply with FAA's Part 107 Small UAS Rule
All commercial drone pilots operating in South Dakota are subject to FAA Part 107 requirements, including passing the FAA Aeronautical Knowledge Test to obtain a Remote Pilot Certificate. South Dakota's SB 80 (2017) explicitly requires UAS operation to comply with all applicable FAA requirements.
Recreational UAS Safety Test (TRUST)
Hobbyist drone operators must take and pass the TRUST
Recreational operators flying drones in South Dakota must complete the FAA's Recreational UAS Safety Test (TRUST) and comply with FAA recreational model aircraft rules, including registration of drones weighing more than 0.55 lbs (250g).
Remote ID Compliance
Drone operators must comply with FAA Remote ID requirements
Federal Remote ID rules require UAS to broadcast identification information. This is particularly relevant near South Dakota's military installations such as Ellsworth AFB. Operators face suspension of certificates if not compliant with Remote ID requirements.
FAA Registration
Federal registration required for recreational drones over 250 grams
Recreational drone operators must pay $5 for FAA registration if their drone weighs more than 0.55 lbs (250g). South Dakota exempts UAS under 55 pounds from state registration (SB 22, 2017) but does not override or conflict with federal registration requirements.
Certificate of Authorization (COA)
Government employees may operate under federal COA
Government employees such as police or fire department personnel in South Dakota may either operate under FAA Part 107 or obtain a federal Certificate of Authorization (COA) for drone operations. SB 219 (2026) requires state agencies to consult with the Aeronautics Commission on aircraft acquisitions.
Counter-UAS Authority and HB 1280
State authorization of countermeasures may interact with federal airspace authority
HB 1280 (2026) authorizes mitigation techniques and countermeasures against unauthorized drone operations over certain facilities. Counter-UAS measures are generally governed at the federal level, and state-authorized countermeasures could potentially conflict with federal statutes (18 U.S.C. § 32, 18 U.S.C. § 1030) that restrict interference with aircraft and communications. Human verification of the specific countermeasures authorized in HB 1280 is strongly recommended.
For complete federal regulations, see our Federal Regulations page.
Airspace & LAANC
LAANC Coverage
LAANC (Low Altitude Authorization and Notification Capability) is available through the FAA at major airports and controlled airspace areas in South Dakota, including Sioux Falls Regional Airport (FSD) and Rapid City Regional Airport (RAP).
Major Airports
ABR — Aberdeen Regional AirportFSD — Sioux Falls Regional Airport (previously listed as JWG — this appears to be an error; JWG is not an active IATA code for Sioux Falls)RAP — Rapid City Regional AirportPIR — Pierre Regional AirportHON — Huron Regional Airport
TFR Notice
Temporary Flight Restrictions (TFRs) may be established around military bases (including Ellsworth Air Force Base near Rapid City), correctional facilities, sporting events, and other sensitive areas. Check FAA TFR listings and B4UFLY before each flight. HB 1280 (2026) authorizes countermeasures at certain sensitive facilities.
Recent Enforcement Actions & News
Federal agencies boost drone violation penalties after detection over Fort McNair
enforcementFederal agencies increased enforcement actions and penalties for drone violations following detection of unauthorized drone operations over Fort McNair. While Fort McNair is located in Washington D.C., the enforcement posture has national implications including for South Dakota military installations such as Ellsworth AFB.
HB 1280 signed into law — Increased penalties for drone operations over sensitive facilities
legislationSouth Dakota Governor signed HB 1280, which increases penalties for the operation of drones over certain facilities and provides for mitigation techniques and countermeasures against unauthorized drone operations.
SB 219 signed into law — State agency aircraft consultation requirement
legislationSouth Dakota Governor signed SB 219, requiring state agencies to consult with the Aeronautics Commission before purchasing, transferring, or disposing of state-owned aircraft including UAS.
FAA stepping up drone restriction enforcement ahead of Super Bowl
enforcementFederal Aviation Administration announced increased enforcement operations for drone restrictions in preparation for major events, with national implications for South Dakota operators.
Pending Legislation
HB 1280Enacted — Signed by Governor on 2026-03-12Increase penalties for the operation of drones over certain facilities and to provide for mitigation techniques and countermeasures
Enacted into law. Increases penalties for the operation of drones over certain sensitive facilities in South Dakota and authorizes mitigation techniques and countermeasures against unauthorized drone operations. Now reflected in state_laws section.
Last action: March 12, 2026
SB 219Enacted — Signed by Governor on 2026-03-30Require that a state agency consult with the Aeronautics Commission prior to purchasing, transferring, or disposing of a state owned and operated aircraft
Enacted into law. Requires state agencies to consult with the South Dakota Aeronautics Commission prior to purchasing, transferring, or disposing of state-owned aircraft including UAS. Now reflected in state_laws section.
Last action: March 30, 2026
SB 205Failed — House of Representatives Do Pass Failed (YEAS 29, NAYS 37) on 2026-02-24Revise registration fees for drones and establish a fund to support drone aviation
Would have revised registration fees for drones and established a fund to support drone aviation. The bill passed the Senate but failed in the House of Representatives. Not enacted.
Last action: February 24, 2026
SB 201Deferred — Deferred to 41st legislative day by Senate Agriculture and Natural Resources Committee on 2026-02-05Authorize the use of a drone for the location and recovery of mortally wounded deer and elk and to provide a penalty therefor
Would authorize the use of drones for locating and recovering mortally wounded deer and elk, with associated penalties. Deferred by the Senate Agriculture and Natural Resources Committee. Effectively dead for the 2026 session.
Last action: February 5, 2026
HB 1304Withdrawn — Withdrawn at request of prime sponsor on 2026-02-10Allow subdivisions to limit the operation of drones at open-air events
Would have allowed political subdivisions to limit drone operations at open-air events. Withdrawn by the prime sponsor before a floor vote. Not enacted.
Last action: February 10, 2026
SB 70Deferred — Deferred to 41st legislative day by Senate Transportation Committee on 2026-01-21Revise the duties of the Transportation Commission to include responsibilities of the South Dakota Railroad Board and the South Dakota Aeronautics Commission
Would revise the duties of the Transportation Commission to subsume responsibilities of the South Dakota Railroad Board and the South Dakota Aeronautics Commission. Effectively dead for the 2026 session. Could have implications for drone regulatory oversight if revived in a future session.
Last action: January 21, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| South Dakota State University | SDSU requires coordination with campus police for drone operations on university property. Dana J. Dykhouse Stadium has a temporary flight restriction (TFR) during athletic events. All operators must comply with FAA regulations and obtain necessary authorizations. Restrictions: Campus police coordination required before conducting drone operations on university property. Stadium TFR in effect during athletic events at Dana J. Dykhouse Stadium. Commercial operations require additional authorization. | Yes | University Police Department |
| University of South Dakota | The University of South Dakota (USD) in Vermillion requires prior authorization for drone operations on campus property. Operators must comply with all FAA regulations including Part 107 for commercial use and Remote ID requirements. USD's policy addresses both recreational and commercial drone use on university grounds. Restrictions: Prior authorization required for all drone operations on university property. Must comply with FAA Part 107 for commercial operations. Drone use for academic research may require additional approvals from relevant department and research compliance office. | Yes | University Police or Facilities Management |
| Black Hills State University | Black Hills State University in Spearfish follows South Dakota Board of Regents guidance on drone operations. Operators must obtain prior approval and comply with FAA requirements. Proximity to Black Hills National Forest and Ellsworth AFB airspace may create additional operational constraints. Restrictions: Prior approval required for drone operations on campus property. Must comply with FAA regulations. Proximity to controlled airspace and National Forest land may impose additional restrictions beyond campus policy. | Yes | Campus Administration or University Police |
| South Dakota School of Mines and Technology | South Dakota Mines (Rapid City) requires compliance with FAA regulations for all drone operations on campus. Given its proximity to Rapid City Regional Airport (RAP) and Ellsworth AFB, operators must obtain LAANC authorization or applicable FAA waivers before flying. Academic and research drone programs may operate under department-specific protocols. Restrictions: FAA authorization required due to proximity to RAP airport and Ellsworth AFB controlled airspace. Campus approval required for all drone operations. Research use subject to additional institutional review. | Yes | Campus Safety or relevant academic department |
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.0). While we strive for accuracy, always verify critical information with official state sources.
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