South Dakota Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
South Dakota maintains a permissive approach to drone operations with no state registration, pilot licensing, or broad restrictions beyond federal FAA requirements. The state has targeted regulations addressing privacy, critical infrastructure security, and hunting restrictions. A 2024 statute preempts most local drone regulations, leaving federal and state rules as the primary frameworks.
State Drone Laws
SDCL 50-15-2Compliance with Federal Requirements and Exemption from Chapter
All drone operations in South Dakota must comply with applicable Federal Aviation Administration regulations. Military aircraft and National Guard aircraft are exempt from state drone chapter requirements.
SDCL 50-15-3Authorization Required to Operate a Drone Over Certain Facilities
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. Covers Ellsworth Air Force Base and all South Dakota correctional facilities.
SDCL 50-15-4Prohibited Delivery of Contraband or Controlled Substance
Any person who uses a drone to deliver contraband or controlled substances to a state prison or other correctional facility is guilty of a felony in addition to penalties for the principal offense.
SDCL 50-15-5Eavesdropping and Violation of Privacy
No person may intentionally use a drone to photograph, record, or otherwise observe another person in a private place where they have a reasonable expectation of privacy. Exceptions apply for law enforcement, business/government operators who incidentally capture subjects, and emergency management workers.
SDCL 50-15-5.1Careless Operation, Voyeuristic, or Harassment Purposes
It is a misdemeanor to intentionally or willfully operate a drone in a careless manner that endangers people or property, or for voyeuristic or harassment purposes.
SDCL 50-15-6Trespassing with a Drone
No person may land a drone on the real property, personal property, or waters of another without the owner's consent. An affirmative defense exists if the landing was forced or caused by technical malfunction, but the operator remains liable for any damage.
SDCL 50-15-7Permitted Recreational and Commercial Use; Preemption
Persons in FAA compliance may fly drones for recreational or lawful business purposes. Preempts state and local regulations of drone ownership, operation, design, manufacturing, airspace, altitude, flight-path, and pilot qualifications except as specifically allowed by state law.
SDCL 50-15-10Authority of Political Subdivisions
Political subdivisions may enact ordinances consistent with federal and state law, enforce federal restrictions, and regulate drones they own or operate. Any local ordinance conflicting with this section is void.
SDCL 50-11-9.1Exemption from Aircraft Registration for Small Unmanned Aircraft
Unmanned aircraft systems weighing less than 55 pounds are exempt from state aircraft registration requirements. Federal FAA registration still required for drones over 250 grams.
SDCL 41-8-39Use of Aircraft to Hunt, Drive, or Spot Game
Illegal to use an aircraft, including drones, to hunt, take, concentrate, drive, rally, stir up, locate, or spot any wild bird or animal. Carve-out allows drones to locate predators or varmints on privately owned land with owner permission outside September-November, in full FAA compliance.
Local/Municipal Ordinances
City of Aberdeen
cityUnmanned Aircraft System Operating Regulations (Ordinance No. 20-03-01)
Permits recreational and hobby drone operations in city airspace under safe conditions.
Restrictions
Prohibited within 1 mile of Aberdeen Regional Airport and within 10,000 feet of non-precision approach to runways. No flights over private property without owner consent or over city-owned property (parks, lakes, trails, buildings) without authorization.
City of Deadwood
cityUnmanned Aircraft Operating Regulations
Establishes no-fly zones over downtown historic district, schools, cemeteries, hospitals, and large public gatherings.
Restrictions
No drone operations over National Historic Landmark District (Main Street), schools, cemeteries, hospitals, large gatherings, and water storage facilities. Permits available 45 days in advance. Violations are Class 2 misdemeanor ($120-$500 fine, up to 30 days jail).
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Operating drone over prison, jail, juvenile detention, or military facility without authorization (SDCL 50-15-3) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | State's Attorneys, Local Police, South Dakota Highway Patrol | Includes Ellsworth Air Force Base and all state and county correctional facilities |
| Delivering contraband or controlled substance via drone to correctional facility (SDCL 50-15-4) | Class 6 Felony | Up to $4,000 | Up to 2 years | State's Attorneys, Local Police | In addition to penalties for the principal drug or contraband offense |
| Drone surveillance of person in private place (SDCL 50-15-5) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | State's Attorneys, Local Police | Commercial/agricultural operators under FAA authority exempt if recording incidental |
| Careless drone operation or voyeuristic/harassment purposes (SDCL 50-15-5.1) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | State's Attorneys, Local Police | Covers reckless flying and deliberate harassment or privacy violations |
| Landing drone on another's property without consent (SDCL 50-15-6) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | State's Attorneys, Local Police | Exception for forced landing due to emergency; operator liable for damage in all cases |
| Using drone to hunt, drive, locate, or spot game (SDCL 41-8-39) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Game, Fish and Parks Conservation Officers | Exception for spotting predators/varmints on private land with permission outside September-November |
| Deadwood Historic District drone operation violations | Class 2 Misdemeanor | $120 to $500 | Up to 30 days | City of Deadwood Police | Applies to historic district, schools, cemeteries, hospitals, large gatherings |
Operating drone over prison, jail, juvenile detention, or military facility without authorization (SDCL 50-15-3)
Includes Ellsworth Air Force Base and all state and county correctional facilities
Delivering contraband or controlled substance via drone to correctional facility (SDCL 50-15-4)
In addition to penalties for the principal drug or contraband offense
Drone surveillance of person in private place (SDCL 50-15-5)
Commercial/agricultural operators under FAA authority exempt if recording incidental
Careless drone operation or voyeuristic/harassment purposes (SDCL 50-15-5.1)
Covers reckless flying and deliberate harassment or privacy violations
Landing drone on another's property without consent (SDCL 50-15-6)
Exception for forced landing due to emergency; operator liable for damage in all cases
Using drone to hunt, drive, locate, or spot game (SDCL 41-8-39)
Exception for spotting predators/varmints on private land with permission outside September-November
Deadwood Historic District drone operation violations
Applies to historic district, schools, cemeteries, hospitals, large gatherings
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 Permit — Not specifiedRequired for commercial drone operations (photography, videography, etc.) on Game, Fish and Parks property. Contact GFP for permit fees.
South Dakota does not require state-level drone registration. Drones under 55 pounds are exempt from state aircraft registration under SDCL 50-11-9.1. However, all drones over 250 grams must be registered with the FAA ($5 for 3 years), and registration number must be visible on the aircraft. No South Dakota state pilot license or commercial license fee required.
No state-level permit required for recreational or commercial drone operations beyond FAA Part 107 certification. Commercial flights over Game, Fish and Parks property require a GFP commercial filming permit from the department.
South Dakota does not mandate drone liability insurance, though it is recommended for commercial operations.
Applicable Federal Regulations
FAA Part 107 Certification
Commercial drone operators must obtain FAA Part 107 Remote Pilot Certificate
All commercial drone operations in South Dakota fall under FAA Part 107 regulations. South Dakota does not require additional state-level commercial licensing beyond Part 107 certification. Certificate valid for 24 months.
Recreational UAS Safety Test (TRUST)
Recreational drone operators must pass the free TRUST certification
All recreational flyers in South Dakota must pass the Recreational UAS Safety Test before operating. Test is free, online, and one-time. No state-level recreational licensing requirement exists.
Remote ID Requirement
All registered drones must have Remote ID capability
Remote ID has been mandatory for all commercial and recreational drones since March 16, 2024. Standard Remote ID, broadcast module, or operation in a FRIA all satisfy the requirement.
Altitude and Visual Line of Sight Restrictions
400 feet AGL maximum altitude and Visual Line of Sight required
South Dakota adopts the federal 400-foot AGL altitude ceiling and VLOS requirements. No state-specific altitude restrictions apply to uncontrolled airspace.
Airspace Authorization (LAANC)
Controlled airspace authorization required near Sioux Falls and Rapid City airports
Flights within Class D rings around FSD and RAP require LAANC approval or manual authorization from the FAA. Most rural South Dakota is Class G uncontrolled airspace and does not require authorization.
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 (Low Altitude Authorization and Notification Capability) is available at Sioux Falls Regional Airport (FSD) and Rapid City Regional Airport (RAP), both Class D controlled airspace. The majority of South Dakota outside these Class D rings is uncontrolled Class G airspace.
Major Airports
FSD — Sioux Falls Regional Airport (Joe Foss Field)RAP — Rapid City Regional Airport
TFR Notice
Permanent drone bans at National Park Service units: Mount Rushmore National Memorial, Badlands National Park, Wind Cave National Park, Jewel Cave National Monument, Minuteman Missile National Historic Site. Ellsworth Air Force Base (Box Elder) is restricted military airspace. Active TFRs may apply for large events and incidents.
Recent Enforcement Actions & News
No recent enforcement actions or news on record.
Pending Legislation
SB 201In Committee (deferred to 41st legislative day)Authorize the Use of a Drone for the Location and Recovery of Mortally Wounded Deer and Elk
Would amend SDCL 41-8-39 to permit the use of drones to locate and recover mortally wounded deer and elk, providing an exception to the general prohibition on using drones to locate game animals.
Last action: February 5, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| South Dakota State University (SDSU) | SDSU requires coordination with the University Police Department before operating drones on campus. Dana J. Dykhouse Stadium has a temporary flight restriction (TFR) during athletic events. Restrictions: Campus police coordination required for all flights. Stadium TFR active during football games and other major athletic events. | 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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