South Dakota Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
South Dakota maintains one of the most permissive drone regulatory environments in the US. The state imposes no state-level registration, licensing, or business permits beyond FAA requirements. A 2024 preemption law (SDCL 50-15-7 and 50-15-10) reserves operational rules to the state and FAA, preventing cities and counties from layering on their own flight restrictions. State law addresses specific concerns through targeted statutes: privacy violations, operations over correctional facilities and military installations, careless operation, unauthorized landing on private property, and hunting with drones.
State Drone Laws
SDCL 50-11-9.1Unmanned Aircraft Exemption from Aircraft Registration
Exempts unmanned aircraft systems weighing less than 55 pounds from state aircraft registration requirements. Does not affect FAA registration mandate for drones over 0.55 pounds.
SDCL 50-15-3Authorization Required to Operate Drone Over Correctional and Military Facilities
No person may operate a drone over the grounds of any prison, correctional facility, jail, juvenile detention facility, or military facility without express authorization from the facility administrator. Applies statewide to state penitentiary, county jails, and military installations including Ellsworth Air Force Base.
SDCL 50-15-4Prohibited Delivery of Contraband or Controlled Substance via Drone
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 penalties for the principal offense.
SDCL 50-15-5Drone Surveillance Violating Privacy in Private Places
No person may 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. Exceptions apply to law enforcement officers performing lawful duties, commercial or agricultural drone operators under FAA authorization whose recording is incidental or unintentional, and designated emergency management workers acting within scope of duties.
SDCL 50-15-5.1Careless Operation and Voyeuristic or Harassment Operation of Drones
No person may intentionally or willfully operate a drone in a careless manner that endangers people or property, or operate a drone for voyeuristic or harassment purposes. This statute provides prosecutors with a direct tool for reckless and deliberate harassment cases.
SDCL 50-15-6Trespassing via Drone — Landing on Property Without Consent
No person may land a drone on the real property, personal property, or waters of a landowner without the owner's consent. The 2024 amendment expanded this to cover personal property and waters. An affirmative defense exists if the landing was forced or caused by technical malfunction, but the drone owner remains liable for any damage even in forced landings.
SDCL 50-15-7Permitted Recreational and Commercial Drone Use Under Federal Compliance
A person in compliance with FAA regulations may operate a drone recreationally. A business conducting lawful business in South Dakota may operate a drone commercially under FAA authorization. Except as Chapter 50-15 specifically allows, neither the state nor any political subdivision may enact or enforce ordinances regulating drone ownership, operation, design, manufacture, testing, maintenance, licensing, registration, certification, equipment, airspace, altitude, flight paths, or pilot/operator/observer qualifications.
SDCL 50-15-10Authority of Political Subdivision — Limitations on Local Drone Regulation
Political subdivisions may enact ordinances consistent with federal and state law, enforce federal restrictions, and regulate drones the subdivision owns or operates. Any local ordinance that conflicts with SDCL 50-15-7 is null and void. This 2024 addition effectively eliminated most local drone flight restrictions statewide.
SDCL 41-8-39Aircraft and Drones in Hunting — Prohibition and Predator/Varmint Exception
No person may use an aircraft or drone to hunt, take, concentrate, drive, rally, stir up, locate, or spot any wild bird or animal. Exception: A person may use a drone to locate or spot a predator or varmint if operating only on privately owned land with landowner permission, activity does not occur during September-October-November, and the operator is in full FAA compliance. This exception does not permit using drones to scout deer or elk for hunting.
HB 1280 (amends SDCL 50-15-3)Increased Penalties for Drones Over Certain Facilities and Mitigation Countermeasures
2026 legislation that increases penalties for unauthorized drone operation over correctional facilities, military installations, and other restricted facilities. Provides authority for implementation of mitigation techniques and countermeasures against unauthorized drones. Signed by Governor on March 12, 2026.
Local/Municipal Ordinances
City of Aberdeen
cityDrone Ordinance (Ordinance No. 20-03-01)
Permits only hobby and recreational drone operations in city airspace when safe to do so.
Restrictions
Restricted areas: within one mile (5,280 feet) of Aberdeen Regional Airport and within 10,000 feet non-precision approach to the airport's runways. Flight restrictions subject to FAA preemption under SDCL 50-15-7.
City of Deadwood
cityOperating Regulations — Drone No-Fly Zones
Establishes comprehensive no-drone zones over downtown historic district, critical facilities, and public gathering areas.
Restrictions
No-fly zones cover: entire downtown Main Street National Historic Landmark District, school zones, cemeteries, hospitals, large public gatherings, and water storage facilities. Violations are Class 2 misdemeanor ($120-$500 fine, up to 30 days jail). Photographers and event promoters may apply for permits up to 45 days in advance. Note: Legal enforceability may be limited by 2024 state preemption law (SDCL 50-15-7).
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Drone operation over correctional facility, prison, jail, juvenile detention facility, or military facility without authorization | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | State's Attorney, local law enforcement | Covers state penitentiary, county jails, and military facilities including Ellsworth Air Force Base near Rapid City |
| Using drone to deliver contraband or controlled substance to correctional facility | Class 6 Felony (plus underlying offense penalties) | Up to $4,000 | Up to 2 years | State's Attorney, state police, U.S. prosecutors (if federal facility) | Most common federal drone-crime conviction in the country; penalties are in addition to penalties for the principal offense |
| Intentional photography, recording, or observation of person in private place via drone | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Local law enforcement, State's Attorney | Exceptions: law enforcement, commercial/agricultural operators under FAA authorization, emergency management workers |
| Careless operation of drone endangering people or property; voyeuristic or harassment operation | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Local law enforcement | SDCL 50-15-5.1 added in 2024; provides prosecutors cleaner tool than older privacy statute for reckless-flyer and harassment cases |
| Landing drone on real or personal property, or waters, without owner consent | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Local law enforcement, property owner (civil action) | Affirmative defense exists for forced landing; drone owner liable for all damages regardless of landing cause |
| Using aircraft or drone to hunt, locate, spot, drive, rally, or stir up wild birds or animals | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | Game, Fish and Parks conservation officers | Exception: drone to locate predator/varmint on private land with permission, outside Sept-Oct-Nov, with FAA compliance. Scouts deer/elk with drones remain illegal. |
Drone operation over correctional facility, prison, jail, juvenile detention facility, or military facility without authorization
Covers state penitentiary, county jails, and military facilities including Ellsworth Air Force Base near Rapid City
Using drone to deliver contraband or controlled substance to correctional facility
Most common federal drone-crime conviction in the country; penalties are in addition to penalties for the principal offense
Intentional photography, recording, or observation of person in private place via drone
Exceptions: law enforcement, commercial/agricultural operators under FAA authorization, emergency management workers
Careless operation of drone endangering people or property; voyeuristic or harassment operation
SDCL 50-15-5.1 added in 2024; provides prosecutors cleaner tool than older privacy statute for reckless-flyer and harassment cases
Landing drone on real or personal property, or waters, without owner consent
Affirmative defense exists for forced landing; drone owner liable for all damages regardless of landing cause
Using aircraft or drone to hunt, locate, spot, drive, rally, or stir up wild birds or animals
Exception: drone to locate predator/varmint on private land with permission, outside Sept-Oct-Nov, with FAA compliance. Scouts deer/elk with drones remain illegal.
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
Required
State Insurance
Not Required
Commercial License
Not Required
Sales Tax on Drones
Does Not Apply
- Other Fees
- GFP Commercial Filming Permit — Amount not specified in public sourcesRequired for any commercial drone filming, photography, or operations over South Dakota Game, Fish and Parks property. Apply through SDGFP.
South Dakota exempts unmanned aircraft systems weighing less than 55 pounds from state aircraft registration requirements under SDCL 50-11-9.1. All drones over 0.55 pounds (250 grams) must be registered with the FAA ($5 per registration, valid 3 years). No additional state registration, pilot licensing, or business permits are required beyond FAA Part 107 certification for commercial operators.
Commercial filming or photography on Game, Fish and Parks (GFP) state property requires a commercial use permit from the South Dakota Department of Game, Fish and Parks. Recreational flying in state parks is permitted without permits or fees. No other state-level permits required for recreational or commercial drone flight.
Applicable Federal Regulations
FAA Part 107 Commercial Certification
Commercial drone operators in South Dakota must hold a current FAA Remote Pilot Certificate (Part 107) in addition to any state requirements.
No South Dakota state commercial license exists. The FAA Part 107 Remote Pilot Certificate is the only required credential for paid drone work in the state. Certificate is valid 24 months and requires passing the FAA Aeronautical Knowledge Test ($175 fee). South Dakota has PSI testing centers in Sioux Falls, Rapid City, and several smaller cities.
Recreational Drone Flying
Recreational pilots must pass the FAA's Recreational UAS Safety Test (TRUST) before flying.
The free, online TRUST test is required for all recreational flyers. No South Dakota state recreational license exists. Passing TRUST is mandatory, and proof of passage must be carried when flying. Test is available through multiple FAA-approved administrators statewide.
Remote ID Requirement
Standard Remote ID became mandatory on March 16, 2024 for all registered drones.
All drones (recreational and commercial) must broadcast Remote ID information via standard broadcast module, built-in Remote ID, or operate within a FRIA (FAA-Recognized Identification Area). South Dakota has no state-specific Remote ID exemptions or requirements beyond federal mandate.
Altitude and Operational Limits
400 feet AGL is the federal ceiling for most drone operations.
South Dakota does not impose a lower altitude ceiling. Visual Line of Sight (VLOS) and daylight/civil twilight operations are federal requirements with no state modifications. Class D airspace rings at Sioux Falls and Rapid City may require LAANC approval with lower ceilings.
National Park Service Drone Ban
Drones are completely prohibited in all National Park Service units within South Dakota.
Mount Rushmore National Memorial, Badlands National Park, Wind Cave National Park, Jewel Cave National Monument, and Minuteman Missile National Historic Site ban all drone launches, landings, and operations within their boundaries under 36 CFR § 1.5. Violations are federal petty offenses (up to 6 months jail, $5,000 fine). This ban was the catalyst for the entire federal NPS drone policy adopted in 2014.
State Parks and Public Land
South Dakota state parks managed by Game, Fish and Parks permit recreational drone flying with courtesy restrictions.
GFP does not ban recreational drones from state parks. Pilots must avoid campgrounds, beaches, playgrounds, and crowds; respect wildlife; and not harass animals. Commercial filming on GFP property requires a permit. Buffalo Gap National Grassland (BLM land near Badlands) generally permits drones under FAA rules as a National Park alternative.
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 Sioux Falls (FSD, Class D) and Rapid City Regional (RAP, Class D) airports. Most of rural South Dakota is uncontrolled Class G airspace with no LAANC requirement. Recreational and commercial pilots must use LAANC authorization to fly in Class D rings around both airports.
Major Airports
FSD — Joe Foss Field (Sioux Falls)RAP — Rapid City Regional AirportELW — Ellsworth Air Force Base (Box Elder) - restricted military airspace, no civilian drones
TFR Notice
Permanent TFRs and National Defense Airspace at Mount Rushmore National Memorial, Badlands National Park, Wind Cave National Park, Jewel Cave National Monument, and Minuteman Missile National Historic Site. All National Park Service units ban drones completely. Temporary TFRs may be issued for special events, stadiums during athletic events, and emergency operations. No-fly zones over Deadwood historic district and city parks per local guidance.
Recent Enforcement Actions & News
No recent enforcement actions or news on record.
Pending Legislation
SB 201In Committee — Senate Agriculture and Natural Resources; Deferred to 41st legislative day (2026 session)Authorize the use of a drone for the location and recovery of mortally wounded deer and elk and to provide a penalty therefor
Would authorize hunters to use drones to locate and recover mortally wounded deer and elk on both public and private land, with specific penalties for misuse. Represents potential expansion to the current hunting prohibition under SDCL 41-8-39.
Last action: February 5, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| South Dakota State University | SDSU requires coordination with campus police before operating drones on university property. Dana J. Dykhouse Stadium operates a TFR during athletic events. Restrictions: Campus police coordination required before any drone operations. Stadium TFR in effect during football and other 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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