South Dakota Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
South Dakota maintains a generally permissive approach to drone operations, requiring compliance with FAA rules while imposing targeted state-level restrictions focused on privacy, private property landing, and operations near critical facilities. The state exempts drones under 55 lbs from state registration and allows recreational flying in state parks without permits.
State Drone Laws
SDCL 22-21-1Unlawful Surveillance via Drone; Trespassing to Eavesdrop
Prohibits intentional use of a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. Applies to eavesdropping or surveillance via drone. Exception for law enforcement and commercial/agricultural operators under FAA authorization.
SDCL 22-21-1(4)Landing Drone on Private Property Without Consent
Prohibits landing a drone on the lands or waters of another resident without the owner's consent, except in case of forced landing. Drone owner/lessee remains liable for any damage from forced landing.
SDCL 41-8-31Prohibition on Using Drones to Hunt or Locate Game
Prohibits using drones to hunt, spot, locate, drive, rally, or stir up game birds or animals on Game, Fish and Parks property. Applies to all hunting-related drone use.
SDCL 50-11-9.1Exemption from State Aircraft Registration for Small UAS
Exempts unmanned aircraft systems weighing less than 55 pounds from state aircraft registration requirements. Recreational and commercial operators of small drones do not need state registration.
SDCL 50-15-2Compliance with Federal Aviation Administration Requirements
Requires all drone operations in South Dakota to comply with applicable FAA requirements, authorizations, and exemptions. Drone operators must follow federal rules as the baseline for state operations.
SDCL 50-15-3Prohibition on Operating Drones Over Military and Correctional Facilities
Prohibits operating a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or any military facility without express authorization from the facility administrator.
SDCL 50-15-4Prohibited Delivery of Contraband via Drone to Correctional Facility
Prohibits using a drone to deliver contraband or controlled substances to a state prison or other correctional facility. Constitutes a felony in addition to the penalty for the principal offense.
SDCL 50-15-5Drone Eavesdropping 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. Exception for law enforcement and commercial/agricultural operators under FAA authorization performing lawful duties.
SDCL 50-15-6Trespass via Drone on Private Property
Prohibits landing a drone on the real property or waters of a landowner without the landowner's consent. Forced landing due to equipment failure is a defense, but drone owner remains liable for any damage.
HB 1280Increased Penalties for Drone Operation Over Certain Facilities
Recently enacted amendment increasing penalties for the operation of drones over military and correctional facilities, with provisions for mitigation techniques and countermeasures. Signed into law by Governor on March 12, 2026.
Local/Municipal Ordinances
City of Aberdeen
cityMunicipal Drone Ordinance No. 20-03-01
Permits recreational drone operations in city airspace when safe. Restricts flights within one mile of Aberdeen Regional Airport and within 10,000-foot non-precision approach corridor. Prohibits recreational drone flight over private property without owner consent and over city-owned property including parks, lakes, trails, and buildings.
Restrictions
No fly within 1 mile of airport; no fly in 10,000-foot approach zone; no fly over private property without consent; no fly over city property (parks, lakes, trails, buildings, water facilities)
City of Deadwood
cityCity of Deadwood Drone Operating Regulations
Establishes a comprehensive no-fly zone covering the entire National Historic Landmark District (downtown Main Street) and specific additional areas. Commercial drone operations may be permitted with 45-day advance notice. Hobby and recreational operations are limited in the restricted areas.
Restrictions
No-fly zone over entire historic district (Main Street), school zones, cemeteries, hospitals, large gatherings, and water storage facilities. Commercial permits available with 45-day advance notice.
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Drone surveillance of private places (SDCL 22-21-1, SDCL 50-15-5) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | South Dakota State Police, Local Law Enforcement | Prohibits intentional photography or recording of person in private place. Exception for law enforcement and commercial/agricultural operators. |
| Landing drone on private property without consent (SDCL 22-21-1(4), SDCL 50-15-6) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | South Dakota State Police, Local Law Enforcement | Also liable for any property damage caused. Forced landing due to equipment failure is a defense but drone owner still liable for damage. |
| Operating drone over military or correctional facility (SDCL 50-15-3) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | South Dakota State Police, Federal law enforcement | Applies to prisons, jails, juvenile detention facilities, and military facilities. Authorization from facility administrator required. |
| Delivering contraband via drone to correctional facility (SDCL 50-15-4) | Class 6 Felony | Up to $4,000 | Up to 2 years | South Dakota State Police, Federal law enforcement | Delivered in addition to penalties for the principal offense of smuggling contraband. |
| Using drone to hunt or locate game (SDCL 41-8-31) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | South Dakota Game, Fish and Parks | Applies to spotting, locating, driving, or rallying game birds or animals on GFP property. |
| Deadwood historic district drone violations | Class 2 Misdemeanor | $120 to $500 | Up to 30 days | City of Deadwood Police | Applies to operations in the National Historic Landmark District, school zones, cemeteries, hospitals, and large gatherings. |
Drone surveillance of private places (SDCL 22-21-1, SDCL 50-15-5)
Prohibits intentional photography or recording of person in private place. Exception for law enforcement and commercial/agricultural operators.
Landing drone on private property without consent (SDCL 22-21-1(4), SDCL 50-15-6)
Also liable for any property damage caused. Forced landing due to equipment failure is a defense but drone owner still liable for damage.
Operating drone over military or correctional facility (SDCL 50-15-3)
Applies to prisons, jails, juvenile detention facilities, and military facilities. Authorization from facility administrator required.
Delivering contraband via drone to correctional facility (SDCL 50-15-4)
Delivered in addition to penalties for the principal offense of smuggling contraband.
Using drone to hunt or locate game (SDCL 41-8-31)
Applies to spotting, locating, driving, or rallying game birds or animals on GFP property.
Deadwood historic district drone violations
Applies to operations in the National Historic Landmark District, school zones, cemeteries, hospitals, and large gatherings.
Registration Requirements
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
South Dakota exempts unmanned aircraft systems weighing less than 55 pounds from state-level aircraft registration requirements under SDCL 50-11-9.1. Only FAA registration is required for drones over 250 grams.
No state-level permit required. Commercial operations on Game, Fish and Parks land require a separate GFP commercial use permit.
Not required but recommended for both recreational and commercial operations.
Applicable Federal Regulations
Part 107 Commercial Operations
South Dakota requires Part 107 certification for commercial drone operations
Commercial drone pilots in South Dakota must obtain an FAA Remote Pilot Certificate by passing the Part 107 knowledge test. Testing centers available in Sioux Falls, Rapid City, and smaller cities.
Recreational Flyer Exception
Recreational operators must pass the TRUST test
All recreational drone flyers must pass the free online Recreational UAS Safety Test (TRUST) before flying. TRUST completion certificate must be carried when flying.
Remote ID Requirement
All registered drones must comply with Remote ID rules
Remote ID has been required on all registered drones since March 2024. Drones must broadcast Remote ID information during flight.
Visual Line of Sight
Federal VLOS requirement applies to all South Dakota operations
All drone operations must maintain visual line of sight or use a visual observer. Violations subject to FAA certificate actions and civil penalties.
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 multiple South Dakota airports. Real-time authorization available for operations under 400 feet in controlled airspace. Manual coordination required for operations above UAS Facility Map ceilings.
Major Airports
FSD — Joe Foss Field (Sioux Falls Regional Airport)RAP — Rapid City Regional Airport
TFR Notice
Mount Rushmore has permanent National Defense Airspace restrictions and NPS drone ban. Temporary Flight Restrictions (TFRs) may be established around major events and sensitive sites. Badlands National Park and other NPS units have complete drone bans.
Recent Enforcement Actions & News
No recent enforcement actions or news on record.
Pending Legislation
SB 201In Committee — Agriculture and Natural Resources (Deferred)Authorize the Use of a Drone for the Location and Recovery of Mortally Wounded Deer and Elk
Would authorize drone use for locating and recovering mortally wounded deer and elk on Game, Fish and Parks land. Would create an exception to the current blanket prohibition on using drones for hunting-related activities.
Last action: February 5, 2026
SB 205Failed — Stalled after House rejectionRevise Registration Fees for Drones and Establish a Fund to Support Drone Aviation
Would revise state-level drone registration fees and establish a fund to support drone aviation development in South Dakota. Failed in House vote (YEAS 29, NAYS 37) on February 24, 2026.
Last action: February 24, 2026
SB 70In Committee — DeferredRevise the Duties of the Transportation Commission to Include Aeronautics Commission Responsibilities
Would consolidate the duties of the South Dakota Aeronautics Commission into the Transportation Commission. May impact state-level drone regulatory oversight.
Last action: January 21, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| South Dakota State University (SDSU) | SDSU requires coordination with campus police for any drone operations on university property. Dana J. Dykhouse Stadium has a Temporary Flight Restriction (TFR) in effect during athletic events. Restrictions: Campus police coordination required before flight. Stadium TFR applies during football games and other athletic events. No flights without prior authorization. | Yes | SDSU 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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