South Dakota Drone Laws
These are the laws and regulations drone owners and operators in the State of South Dakota have to know about.
South Dakota State Drone Laws
This bill revises a section of the South Dakota codified laws (Chapter 50-11) by making drones that weigh under 55 lbs (25 kg) exempt from having to be registered with the state.
(Note that this does not mean the drones do not have to be registered with the FAA. As you’ll see further down in this article, all drones weighing under 55 lbs but more than 0.55 lbs still have to be registered with the FAA.)
This law reinforces federal laws by making it a requirement for all drone operators in the state of South Dekota to comply with FAA rules and regulations. It does make an exception for anyone operating under the authority of the Armed Forces.
This law makes it illegal to fly a drone over the grounds of any correctional facility in the state, including prisons, jails, and juvenile detention centers. It also prohibits drone operators from flying their drones over the grounds of any military facility. Breaking any part of this law is considered a Class 1 misdemeanor.
Under this law, it is illegal to use a drone to deliver contraband to anyone at a state prison or correctional facility within South Dakota. Anyone who violates this law will be charged with a Class 6 felony in addition to a Class 1 misdemeanor for flying a drone on correctional facility grounds.
This privacy-focused bill makes it illegal to use a drone for aerial surveillance, observation, technological imaging, photography, videography or any other type of sensory recording of any people, homes, businesses, or properties, where there is a reasonable expectation of privacy.
It does make some exceptions for cases where the drone is used for legitimate business or government purposes, as well as when the drone operator has written consent from the person, the property owner or occupant, or the manager of the property.
The law also prohibits anyone from landing a drone on the lands or waters of another resident (provided the resident owns the land beneath the water body in its entirety). There is an exception for drone owners who obtain the the owner’s consent, except in the case of forced landing. However the owner or operator of the drone will then be held liable for any property or personal damage as a result from a forced landing.
According to the bill, law enforcement officers (or those acting under their authority) and emergency management workers are excempted from both these sections so long as the operation is part of their work duties.
And finally, anyone who violates this law can be found guilty of a Class 1 misdemeanor.
Game, Fish and Parks Property Drone Policy
Unlike most other state parks across the country, drones are allowed in the state parks in South Dakota. But there are a number of rules you need to follow at all times. These rules apply to you regardless of the purpose for the flight (whether recreationally or commercially).
According to this state parks policy, you are not allowed to:
- Use a drone to eavesdrop on anyone or engage in any other type of surveillance.
- Fly in a way that interferes with official or management activities in the area.
- Fly in a way that inconveniences, disturbs, or alarms another person or a lawful assembly or meeting.
- Fly in a way that makes an unreasonable amount of noise or obstructs any form of traffic (vehicular or pedestrian).
The policy also makes it illegal to use a drone to hunt, kill, take, concentrate, drive, rally, stir up, spot, or locate game birds or animals regardless of the type of property you’re on in the entire state of South Dakota.
South Dakota Local Drone Laws
There are currently only 2 known local laws in the state, and these laws only apply to the regions that they reference. Although, you should check regularly for new local drone laws in your area as these can be passed much faster than state or federal laws.
This city ordinance makes it illegal for commercial drone operators to fly within city airspace. It is legal for recreational flyers to fly their drones within city limits, so long as it’s for hobby purposes only. But the law also imposes flight restrictions on drone flyers in the city limits along with some areas that are still considered no-fly zones, as indicated on the map in the link above.
Brown County Fairgrounds Drone Ban
This county ordinance states that no drones are allowed on or over fairgrounds property without permission from fair officials. However, it’s hard to say how likely you are to obtain a permit, as city management seem fairly set against public drone use at the fairgrounds.
Federal Drone Laws
The Federal Aviatian Administration is in charge of drone regulation in the US. The agency has a number of regulations that drone owners have to comply with at all times, except in cases where waivers are permitted. All of these rules fall under the FAA Modernization and Reform Act of 2012, and make distinctions between the rules for recreational and commercial flyers.
Exception for limited recreational operations of unmanned aircraft
Recreational flyers used to have to comply with the regulations set out in 14 CFR part 101, subpart e, but that was repealed and replaced with new interim requirements until the FAA creates new rules, possibly similar to those set out in Part 107.
This means that, at this time, recreational flyers just have to comply with the basic safety guidelines set out on the FAA website and the existing safety guidelines of aeromodelling organizations.
As stated above, that includes having to register the drone via DroneZone if it weighs less than 55 lbs but more than 0.25 lbs.
Anyone who flies a drone as part of a business operation, i.e. for photography with intent to sell, has to register as a commercial operator and comply with the rules set out in Part 107. This includes taking an aeronautics knowledge test when registering to obtain a drone pilot’s license.
Go through the list of rules set out in Part 107 carefully to make sure that you are compliant as the FAA is very strict about making sure drone operators stick to these rules. Although you are allowed to apply for waivers to circumvent certain rules.
