South Dakota Drone Laws (2026): State Rules, Local Ordinances & FAA
Complete guide for commercial and recreational UAS operators
State Overview
South Dakota maintains a permissive regulatory environment for drone operations with no state registration or pilot licensing requirements beyond federal FAA rules. The state explicitly exempts drones under 55 pounds from aircraft registration and permits FAA-compliant recreational and commercial use. Primary state-level restrictions address privacy, private property landing, operations over correctional and military facilities, and hunting activities.
State Drone Laws
SDCL 50-15-2Compliance with Federal Requirements
Requires that any drone operation in South Dakota comply with all applicable FAA regulations and requirements.
SDCL 50-15-3Authorization Required to Operate Drone Over Correctional and Military Facilities
Prohibits operating a drone over the grounds of any prison, correctional facility, jail, juvenile detention facility, or any military facility without express authorization from the facility administrator. Applies to all altitudes over facility grounds.
SDCL 50-15-4Prohibited Delivery of Contraband or Controlled Substance to Correctional Facility
Makes it a felony to use a drone to deliver contraband or controlled substances to a state prison or other correctional facility, in addition to penalties for the principal underlying offense.
SDCL 50-15-5Drone Surveillance and Privacy Violation
Prohibits intentionally using a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. Exempts law enforcement acting in lawful duties, commercial or agricultural operators acting under FAA authorization with only incidental recording of people, and emergency management workers acting within their duties.
SDCL 50-15-5.1Careless Operation, Voyeurism, and Harassment
Makes it a misdemeanor to intentionally or willfully operate a drone in a careless manner that endangers people or property, or for voyeuristic or harassment purposes. Added in 2024 legislative session.
SDCL 50-15-6Trespassing — Landing Drone on Another's Property
Prohibits landing a drone on the real or personal property, or the waters, of a landowner without consent. Exception exists for forced landing due to technical malfunction or emergency, though operator remains liable for any damage. 2024 amendment expanded coverage to include personal property and waters.
SDCL 50-15-7Permitted Recreational and Commercial Use; State and Local Preemption
Permits FAA-compliant recreational and commercial drone operations statewide. Prohibits the state and political subdivisions from enacting or enforcing ordinances regulating drone ownership, operation, design, manufacture, licensing, registration, certification, equipment, airspace, altitude, flight paths, or pilot qualifications—except where state law specifically allows. Preempts most local drone flight rules.
SDCL 50-15-10Authority of Political Subdivision
Clarifies the limited authority of cities and counties: they may enact ordinances consistent with federal and state law, enforce federal restrictions, and regulate drones they own or operate. Any local ordinance conflicting with SDCL 50-15-7 is null.
SDCL 41-8-39Use of Aircraft (Including Drones) in Hunting
Prohibits using an aircraft, including a drone, to hunt, take, concentrate, drive, rally, stir up, locate, or spot any wild bird or animal. Carve-out: drones may be used to locate or spot a predator or varmint only if the activity is on privately owned land, with owner permission, outside September-October-November (big-game season), and in full FAA compliance.
SDCL 22-21-1Trespassing to Eavesdrop; Installation of Eavesdropping Device
General eavesdropping statute prohibiting installation or use of unauthorized eavesdropping devices in private places. Historical drone surveillance language included but largely superseded by drone-specific provisions in SDCL 50-15-5 and 50-15-6.
SDCL 50-11-9.1Exemption of Unmanned Aircraft from State Aircraft Registration
Exempts unmanned aircraft systems that weigh less than 55 pounds from state aircraft registration requirements. Federal FAA registration still required for all drones over 0.55 pounds.
Local/Municipal Ordinances
City of Aberdeen
cityDrone Ordinance (Ordinance 20-03-01)
Permits recreational drone operations in city airspace when safe to do so. Restricts operations within 1 mile of Aberdeen Regional Airport and within 10,000 feet of the airport's non-precision approach runways.
Restrictions
Recreational flights only. Prohibited within 1 mile of Aberdeen Regional Airport and within 10,000-foot non-precision approach zone.
City of Deadwood
cityDrone No-Fly Zone Ordinance
Prohibits drone operations over the Deadwood National Historic Landmark District (downtown Main Street), school zones, cemeteries, hospitals, large gatherings, and water storage facilities. Permits may be obtained 45 days in advance through the city.
Restrictions
No-fly zones: entire historic district (downtown Main Street), schools, cemeteries, hospitals, large public gatherings, water storage facilities. Permitting available.
City of Rapid City
cityUnmanned Aircraft Guidance (Police Department)
Police department guidance (non-binding after 2024 state preemption law) for drone operations: maintain 50+ feet distance from other park visitors, keep aircraft below 400 feet AGL, and notify Rapid City Regional Airport and tower before flying within 5 miles of the airport.
Restrictions
Suggested guidance: 50+ feet from visitors in parks, below 400 feet AGL, airport notification within 5 miles (may be preempted by state law)
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Operating drone over prison, jail, juvenile detention, or military facility | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Local law enforcement, South Dakota Highway Patrol, State's Attorney | Applies to all altitudes over facility grounds. Includes Ellsworth Air Force Base near Rapid City and all county jails statewide. Penalties may have been increased by HB 1280 (signed March 12, 2026). |
| Delivering contraband or controlled substance to correctional facility via drone | Class 6 Felony | Up to $4,000 | Up to 2 years | State's Attorney, potentially federal prosecutors | In addition to penalties for the principal underlying offense (drug distribution, conspiracy, etc.). Most common drone crime prosecuted nationally. |
| Drone surveillance in private place where person has reasonable expectation of privacy | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Local law enforcement, State's Attorney | Exemptions: law enforcement in lawful duties, commercial operators under FAA authorization with incidental recording, emergency management workers. |
| Careless operation of drone, or operation for voyeuristic or harassment purposes | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Local law enforcement | Added in 2024 legislative session (SDCL 50-15-5.1) |
| Landing drone on another's property or waters without consent | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Local law enforcement; property owner may pursue civil damages | Exception for forced landing (malfunction, emergency). Operator liable for any property damage caused. Expanded in 2024 to include personal property and waters. |
| Using drone to hunt, spot, drive, locate, or concentrate wild game | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | South Dakota Game, Fish and Parks conservation officers, local law enforcement | Carve-out: spotting predators/varmints on private land with permission, outside Sept-Nov, in FAA compliance. Applies to all wild birds and animals regardless of land ownership. |
| Drone operation in Deadwood historic district, school zone, cemetery, hospital, or large gathering (city ordinance) | Class 2 Misdemeanor | $120 to $500 per offense | Up to 30 days | City of Deadwood Police Department | City ordinance. Enforceability challenged under state preemption law (SDCL 50-15-7); may not be enforceable for flight-path restrictions. |
Operating drone over prison, jail, juvenile detention, or military facility
Applies to all altitudes over facility grounds. Includes Ellsworth Air Force Base near Rapid City and all county jails statewide. Penalties may have been increased by HB 1280 (signed March 12, 2026).
Delivering contraband or controlled substance to correctional facility via drone
In addition to penalties for the principal underlying offense (drug distribution, conspiracy, etc.). Most common drone crime prosecuted nationally.
Drone surveillance in private place where person has reasonable expectation of privacy
Exemptions: law enforcement in lawful duties, commercial operators under FAA authorization with incidental recording, emergency management workers.
Careless operation of drone, or operation for voyeuristic or harassment purposes
Added in 2024 legislative session (SDCL 50-15-5.1)
Landing drone on another's property or waters without consent
Exception for forced landing (malfunction, emergency). Operator liable for any property damage caused. Expanded in 2024 to include personal property and waters.
Using drone to hunt, spot, drive, locate, or concentrate wild game
Carve-out: spotting predators/varmints on private land with permission, outside Sept-Nov, in FAA compliance. Applies to all wild birds and animals regardless of land ownership.
Drone operation in Deadwood historic district, school zone, cemetery, hospital, or large gathering (city ordinance)
City ordinance. Enforceability challenged under state preemption law (SDCL 50-15-7); may not be enforceable for flight-path restrictions.
Registration, Fees & Taxes
South Dakota imposes state-level registration, licensing, insurance, or fee requirements
Commercial operators: budget for the state fees below before operating here. Federal FAA registration is still required separately.
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
Commercial License
Not Required
Sales Tax on Drones
Does Not Apply
- Other Fees
- Game, Fish and Parks Commercial Filming/Photography Permit — Contact GF&P for current fee scheduleRequired for all commercial drone operations on Game, Fish and Parks property (state parks, wildlife areas, etc.). Recreational flying on GF&P property is free of charge.
South Dakota has no state-level drone registration, pilot licensing, insurance mandate, or drone-specific sales tax. Drones under 55 pounds are explicitly exempt from state aircraft registration. Federal FAA registration ($5 for 3 years) is the only registration required for drones over 0.55 pounds. Commercial operators must obtain FAA Part 107 certificate but no additional state license is required.
No state-level permit required. Commercial flying over Game, Fish and Parks property requires a GF&P commercial filming/photography permit (fee determined by department).
No state requirement. Insurance recommended for commercial operations.
Applicable Federal Regulations
FAA Part 107 Remote Pilot Certificate
Federal license required for all commercial drone operations
Commercial pilots in South Dakota must obtain and maintain an FAA Part 107 Remote Pilot Certificate ($175 test fee). Valid for 24 months, requires recurrent knowledge test. No additional state license required. FAA enforcement of violations includes civil penalties up to $27,500+ and certificate action.
Recreational UAS Safety Test (TRUST)
Free online exam required for all recreational flyers
Recreational drone operators in South Dakota must pass the free TRUST examination and carry proof of passage. Available through FAA-approved test administrators. Failure to carry certificate may result in FAA violation.
FAA Registration
Federal registration required for all drones over 0.55 pounds
All drones over 250 grams must be registered with FAA ($5 for 3 years) and marked with registration number on exterior. South Dakota exempts drones from state registration but does not exempt them from federal registration.
Remote ID Broadcast
Mandatory since March 16, 2024
All registered drones must broadcast Remote ID via Standard Remote ID, broadcast module, or operation inside FRIA. Exceptions available for legacy aircraft and specific waivers. FAA enforcement includes civil penalties.
Altitude and Visual Line of Sight
400 feet AGL maximum, VLOS required
FAA baseline applies statewide: 400 feet above ground level and Visual Line of Sight. South Dakota does not impose additional altitude restrictions. LAANC may authorize lower ceilings near Class D airports.
National Park Service Drone Ban
Complete prohibition across all NPS units
NPS bans drone launch, landing, and operation in all 400+ national parks and monuments, including Mount Rushmore National Memorial, Badlands National Park, Wind Cave National Park, Jewel Cave National Monument, and Minuteman Missile National Historic Site in South Dakota. Federal petty offense: up to 6 months / $5,000 fine.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
South Dakota has not enacted a drone-specific critical infrastructure statute as of this writing. Pilots remain subject to general state laws on trespass, voyeurism, privacy, and reckless endangerment, and to all federal regulations including FAA Part 107.
Read the federal preemption guide →Airspace & LAANC
LAANC Coverage
LAANC available at 726 airports nationwide. In South Dakota, LAANC authorization available at Joe Foss Field (FSD, Sioux Falls) and Rapid City Regional Airport (RAP). Both are Class D airports requiring LAANC approval for flights in controlled airspace.
Major Airports
FSD — Joe Foss Field (Sioux Falls, Class D)RAP — Rapid City Regional Airport (Class D)ELY — Ellsworth Air Force Base near Box Elder (restricted military airspace, off-limits)
TFR Notice
Permanent TFR around Mount Rushmore National Memorial and all National Park Service units in South Dakota. Temporary TFRs may be issued for events, military operations, and public safety activities. Check B4UFLY before every flight.
Recent Enforcement Actions & News
No recent enforcement actions or news on record.
Pending Legislation
SB201Deferred to 41st legislative dayAuthorize the use of a drone for the location and recovery of mortally wounded deer and elk
Would authorize use of drones to locate and recover mortally wounded deer and elk, expanding the narrow carve-out for predator/varmint spotting in SDCL 41-8-39. Shows legislative interest in hunting exception.
Last action: February 5, 2026
SB205Failed in HouseRevise registration fees for drones and establish a fund to support drone aviation
Would have revised state registration fees for drones and established a fund to support drone aviation. Failed in House vote (29 yea, 37 nay) on February 24, 2026. Shows legislative interest in state-level drone registration/funding framework.
Last action: February 24, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| South Dakota State University (SDSU) | SDSU requires drone operators to coordinate with campus police before conducting any drone operations on university property. Dana J. Dykhouse Stadium is subject to a TFR during athletic events. Restrictions: Campus police coordination required before any flight. No operations over Dana J. Dykhouse Stadium during athletic events (TFR in effect). | Yes | University Police 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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