South Dakota Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
South Dakota maintains a moderate regulatory stance on drones, explicitly exempting small UAS from state aircraft registration while imposing targeted restrictions on privacy violations, landings on private property, and operations over sensitive facilities. The state defers to FAA rules for most operational requirements but adds state-specific criminal penalties for trespass, surveillance, contraband delivery, and hunting with drones.
State Drone Laws
SDCL 22-21-1Trespassing to eavesdrop; installation or use of unauthorized eavesdropping device; drones
Prohibits using a drone to photograph, record, or otherwise observe another person in a private place where they have a reasonable expectation of privacy. Also prohibits landing a drone on private property or waters without owner consent except in case of forced landing due to emergency. Exempts law enforcement, commercial/agricultural operators under FAA authorization (if recording is incidental), and emergency management workers.
SDCL 50-11-9.1Certain unmanned aircraft are exempt from registration
Exempts unmanned aircraft systems weighing less than 55 pounds from South Dakota state aircraft registration requirements. Federal FAA registration still applies to drones over 250 grams.
SDCL 50-15-1Drone defined
Defines the term drone under South Dakota law for purposes of regulating unmanned aircraft systems.
SDCL 50-15-2Compliance with federal requirements; exemption from the chapter
Requires that all drone operations in South Dakota comply with applicable FAA requirements. Armed Forces drones operating under military authority are exempt from state drone regulations.
SDCL 50-15-3Authorization required to operate a drone over certain facilities; violation is a misdemeanor
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. Violations constitute a Class 1 misdemeanor.
SDCL 50-15-4Prohibited delivery of contraband or controlled substance; felony
Prohibits using a drone to deliver contraband or controlled substances to a state prison or other correctional facility. Violations are charged as a Class 6 felony in addition to the penalty for the principal offense.
SDCL 50-15-5Eavesdropping; violation of privacy; misdemeanor
Prohibits intentionally using a drone to photograph, record, or otherwise observe another person in a private place where they have a reasonable expectation of privacy. Exempts law enforcement performing lawful duties, commercial/agricultural operators under FAA authorization (if recording is unintentional or incidental), and emergency management workers.
SDCL 50-15-6Trespassing; drone; misdemeanor
Prohibits landing a drone on the real property or waters of a landowner without consent. Affirmative defense exists for forced landings due to emergency, but drone owner remains liable for any resulting damage. Violations constitute a Class 1 misdemeanor.
SDCL 41-8-31Using 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 (GFP) property. Violations constitute a Class 1 misdemeanor.
HB 1280 (2026)Increase penalties for the operation of drones over certain facilities and to provide for mitigation techniques and countermeasures
Signed into law on March 12, 2026. Increases penalties for unauthorized drone operations over critical facilities and establishes mitigation techniques and countermeasures for infrastructure protection. Amends SDCL 50-15-3 and related provisions.
Local/Municipal Ordinances
City of Aberdeen
cityOrdinance No. 20-03-01 — Drone Flight Restrictions
Prohibits recreational drone flight over private property without the consent of the property owner and over all city-owned or operated property including parks, lakes, trails, and buildings. Limited exemptions apply to specific designated sites.
Restrictions
No recreational drone flights over private property without owner consent. No flights over city parks, lakes, trails, buildings, or city-operated property. Restricted area within one mile of Aberdeen Regional Airport and within 10,000 ft non-precision approach.
City of Deadwood
cityDeadwood Drone No-Fly Zone Ordinance
City Commission approved a comprehensive no-fly zone covering the National Historic Landmark District (downtown Main Street) and adjacent restricted areas. Also restricts drone flights over schools, cemeteries, hospitals, large public gatherings, and water storage facilities throughout the city.
Restrictions
Complete no-fly zone over National Historic Landmark District (Main Street historic district). No-fly zones also cover school zones, cemeteries, hospitals, large gatherings, water storage facilities. Permits available with 45 days advance notice from City Commission.
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Drone surveillance in private place without consent (SDCL 22-21-1, 50-15-5) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | State and local law enforcement | Commercial and agricultural operators under FAA authorization exempt if recording is incidental or unintentional |
| Landing drone on private property without consent (SDCL 50-15-6) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | State and local law enforcement | Drone owner liable for any damage caused by landing. Exception for forced landings due to emergency. |
| Flying drone over prison, jail, military facility, or correctional facility (SDCL 50-15-3) | Class 1 Misdemeanor (increased by HB 1280 as of 2026-03-12) | Up to $2,000 | Up to 1 year | State law enforcement, facility authorities | Express authorization from facility administrator required |
| Delivering contraband or controlled substances via drone to correctional facility (SDCL 50-15-4) | Class 6 Felony | Up to $4,000 | Up to 2 years | State law enforcement | Applied in addition to penalties for the principal offense of contraband delivery |
| Using drone to hunt, spot, or locate game on GFP land (SDCL 41-8-31) | Class 1 Misdemeanor | Up to $2,000 | Up to 1 year | South Dakota Game, Fish and Parks Department | Applies to hunting or spotting game birds or animals on state GFP property |
| Deadwood historic district and restricted areas drone violation | Class 2 Misdemeanor | $120 to $500 | Up to 30 days | Deadwood Police Department | Applies to no-fly zones over Main Street historic district, schools, cemeteries, hospitals, large gatherings, and water storage facilities in Deadwood |
Drone surveillance in private place without consent (SDCL 22-21-1, 50-15-5)
Commercial and agricultural operators under FAA authorization exempt if recording is incidental or unintentional
Landing drone on private property without consent (SDCL 50-15-6)
Drone owner liable for any damage caused by landing. Exception for forced landings due to emergency.
Flying drone over prison, jail, military facility, or correctional facility (SDCL 50-15-3)
Express authorization from facility administrator required
Delivering contraband or controlled substances via drone to correctional facility (SDCL 50-15-4)
Applied in addition to penalties for the principal offense of contraband delivery
Using drone to hunt, spot, or locate game on GFP land (SDCL 41-8-31)
Applies to hunting or spotting game birds or animals on state GFP property
Deadwood historic district and restricted areas drone violation
Applies to no-fly zones over Main Street historic district, schools, cemeteries, hospitals, large gatherings, and water storage facilities in Deadwood
Registration Requirements
State Registration
Not Required
State Permit
Required
State Insurance
Not Required
South Dakota does not require state-level drone registration for drones under 55 pounds. Federal FAA registration is required for all drones over 250 grams. The state explicitly exempts small UAS from state aircraft registration requirements.
Commercial drone operations on Game, Fish and Parks land require a separate commercial use permit. Deadwood ordinance permits available with 45 days advance notice. No per-park permit fees for recreational use in state parks.
Insurance is not legally required but is recommended for both recreational and commercial drone operations.
Applicable Federal Regulations
FAA Registration
Federal registration required for drones over 250g
All drones exceeding 250 grams must be registered with the FAA ($5 for 3 years). South Dakota exempts drones under 55 lbs from state registration but federal registration is mandatory for drones over 250g. Registration is available through FAADroneZone.
Remote ID Requirement
Remote ID required on all registered drones since March 2024
All FAA-registered drones must have Remote ID capability to broadcast identification information during flight operations, enabling airspace monitoring and enforcement.
Part 107 Commercial Operations
FAA Part 107 certificate required for commercial operations
Commercial drone pilots in South Dakota must pass the FAA Part 107 knowledge test ($175 test fee, valid for 24 months). Testing centers available in Sioux Falls, Rapid City, and other South Dakota cities.
Altitude Restrictions
400 feet AGL maximum for all operations
Federal rule limiting recreational and commercial flights to 400 feet above ground level applies throughout South Dakota. Higher altitudes require LAANC authorization in controlled airspace.
Visual Line of Sight
VLOS required for all recreational and commercial operations
Drone operators must maintain continuous visual line of sight at all times or have a visual observer physically present and in direct communication.
National Park Service Bans
Drones prohibited in all National Park Service units
Mount Rushmore National Memorial, Badlands National Park, Wind Cave National Park, and Jewel Cave National Park all prohibit drone operations under NPS Policy Memorandum 14-05. Violations carry up to 6 months jail and $5,000 federal fine.
TRUST Test for Recreational Flyers
Free online safety test required before recreational flying
All recreational flyers must pass the Recreational UAS Safety Test (TRUST) through an FAA-approved test administrator before operating drones. Test is free and available online with 100% correction allowed.
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 major South Dakota airports including Joe Foss Field (Sioux Falls, FSD) and Rapid City Regional (RAP). LAANC authorization required for drone operations within 5-mile radius of these airports.
Major Airports
FSD — Joe Foss Field (Sioux Falls)RAP — Rapid City RegionalPIR — Pierre Regional
TFR Notice
Mount Rushmore National Memorial has a permanent National Defense Airspace TFR and complete drone ban. Badlands National Park has NPS-wide policy ban on drones. Wind Cave and Jewel Cave National Parks prohibit drones. Buffalo Gap National Grassland (BLM land) generally allows drones following FAA rules. South Dakota State Parks generally permit recreational drone flights.
Recent Enforcement Actions & News
No recent enforcement actions or news on record.
Pending Legislation
SB 201In Committee — Agriculture and Natural Resources (Deferred to 41st legislative day)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 the use of drones for locating and recovering mortally wounded deer and elk under specified conditions. Creates a limited exception to the general prohibition on using drones for hunting-related activities (SDCL 41-8-31).
Last action: February 5, 2026
SB 205Failed — House of Representatives (February 24, 2026, YEAS 29, NAYS 37)Revise registration fees for drones and establish a fund to support drone aviation
Would have revised drone registration fees and established a dedicated fund to support drone aviation development, infrastructure, and educational programs in South Dakota. Failed in the House.
Last action: February 24, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| South Dakota State University | SDSU requires drone operators to coordinate with campus police before conducting any drone operations on university property. Dana J. Dykhouse Stadium has a temporary flight restriction (TFR) during athletic events. Restrictions: Campus police coordination required prior to operations. Dana J. Dykhouse Stadium TFR during 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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