Drones have revolutionized industries and recreational pursuits alike, offering breathtaking aerial perspectives.
However, ensuring a smooth flight requires a thorough understanding of the complex web of federal, state, and local laws for drone operation.
Whether you’re a hobbyist capturing stunning landscapes or a commercial operator employing drones for various purposes, navigating through the legal landscape is vital to empower you for responsible and lawful drone operation in the Peace Garden State.
Can You Fly a Drone in South Dakota?
Yes, you can fly a drone in South Dakota, so long as you follow FAA regulations, state drone laws, and local drone laws. Keep reading to learn about safe, legal drone operations in South Dakota.
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Federal Drone Laws in South Dakota
All South Dakota drone operators must adhere to nationwide drone laws outlined by the FAA. The federal drone laws include Part 107 rules for agency pilots and recreational drone registration requirements.
Commercial Drone Use
Any drone operation for business use is known as commercial drone use. Commercial drone pilots in South Dakota must:
Recreational Drone Flying
Any drone operator flying their drone for a hobby is a recreational drone operator. Recreational drone operation rules include:
- Register the drone with the FAA
- Pass The Recreational UAS Safety Test (TRUST)
- Follow CBO safety guidelines for drone operation, including flying under 400 feet
- Do not fly in restricted areas, including near airports or prisons
Government Employee Drone Operation
All government employees in South Dakota, including the fire department or police, must adhere to the FAA’s Part 107 rule or obtain a federal Certificate of Authorization (COA).
Note: This content is accurate until it was last updated, and drone regulations in South Dakota can change over time. This is not meant to take the place of legal counsel.
State Drone Laws in South Dakota
South Dakota also has state-wide drone laws that all operators must follow. These laws, created by the South Dakota Legislature, apply to the entire state. There are two state drone laws according to the South Dakota Department of Transportation are:
- SB 22 // 2017 states that UAS under 55 lbs do not need to meet aircraft registration requirements.
- SB 80 // 2017 includes the following:
- All UAS operations in SD must follow FAA requirements
- Drones are not permitted over correctional facilities or military facility grounds
- Includes using a drone to observe, record, or photograph someone as part of unlawful surveillance
Local Drone Laws in South Dakota
In addition to federal and state drone laws, drone pilots must be aware of local drone laws. Local drone laws in South Dakota apply to a specific city, county, or region within the state. Check with the local municipality to note the local drone laws.
One notable local drone law in South Dakota is the City of Aberdeen—Municipal Law // 2016. According to this law, the city ordinance allows only hobby or recreational drone flying.
Penalties for Violating Drone Laws in South Dakota
Breaking a drone law in South Dakota can have serious penalties. The exact penalty depends on the violation. A few examples of penalties for violating drone laws in South Dakota include:
Class 1 Misdemeanor– Up to $2,000 fine and/or one-year imprisonment
- Unlawful surveillance
- Flying a drone over a military or correctional facility
Class 6 Felony- Up to $4,000 in fines and/or up to one year in county jail
- Using a drone to bring contraband or drugs to a correctional facility
FAQs About Drone Laws in South Dakota
Do I need a license to fly a drone in South Dakota?
No, you do not need a license to recreationally fly your drone in South Dakota, but you will need to register it with the FAA’s Drone Zone.
Can I fly a drone over private property in South Dakota?
No, you cannot fly a drone over private property in South Dakota unless you have prior approval from the property owner.
Can I fly a drone over Mt Rushmore?
No, you cannot fly a drone over Mt Rushmore National Memorial as it is a national park. To fly a drone in a national park, you must have authorization.
Can I fly a drone in South Dakota state parks?
Yes, you can fly a drone in a South Dakota state park as long as you follow all federal and state drone laws. Read more about flying a drone in a South Dakota State Park on the SD Game, Fish, & Parks website.
