Drone Regulations in South Dakota: 2024 Guide

South Dakota does not have a state drone pilot license. FAA registration and certification are required, and state laws restrict flight locations.

Quick Answer: Do You Need a Permit to Fly a Drone in South Dakota?

South Dakota does not issue a state-level drone pilot license or require a separate permit fee. Federal rules apply to all flights, and state law restricts operations in specific locations.

Your compliance obligations depend on your reason for flying:

The South Dakota Aeronautics Commission (SDAC) is the primary state aviation oversight body. While SDAC does not issue drone permits, it has rule-making authority over aviation and is the primary contact for state-level questions.

Federal baseline: 14 CFR Part 107 governs all commercial UAS operations. Recreational rules are established in the FAA Reauthorization Act of 2018.

South Dakota State Drone Laws: Statutes and Scope

The South Dakota Aeronautics Commission administers state aviation laws. For official text, consult South Dakota Codified Laws (SDCL) Title 50 and the Administrative Rules of South Dakota (ARSD) Title 70.

The Legislative Foundation

Three recent bills shape the state's approach to drone regulation:

HB 1258 (2018), signed March 22, 2018 (H.J. 795), revised certain aviation provisions.

HB 1071 (2019), signed March 7, 2019 (H.J. 694), continued to revise and repeal aviation provisions.

HB 1066 (2020), signed February 24, 2020 (H.J. 373), revised and repealed aviation provisions, explicitly listing "Drones" and "Promulgation of Rules" as subjects. This bill granted the Aeronautics Commission authority to create drone-specific administrative rules.

What State Law Covers (and What It Doesn't)

South Dakota defers to the FAA on airspace management. The state retains authority over land use, critical infrastructure, and activities on state-owned property.

Correctional facilities: State law may restrict drone flights over or near state correctional facilities. Consult the South Dakota Department of Corrections for current rules and buffer distances.

Critical infrastructure: State law may restrict drone flights near infrastructure such as pipelines, power generation facilities, and water treatment plants. Consult the South Dakota Aeronautics Commission and the South Dakota Public Utilities Commission for guidance.

Local government authority: South Dakota municipalities may enact ordinances affecting where drones can take off and land on public property. Check with the relevant city or county government before flying in urban areas.

Administrative rules: HB 1066 (2020) authorizes the Aeronautics Commission to issue drone-specific rules. To determine if any such rules have been promulgated, consult the commission directly or review ARSD Title 70.

FAA Requirements That Apply to All South Dakota Drone Pilots

Federal aviation rules apply to all drone operations in South Dakota.

Registration

Drones weighing between 0.55 lbs and 55 lbs must be registered with the FAA before their first outdoor flight. The fee is $5 per aircraft, and registration is valid for three years. Registration is completed through the FAA DroneZone portal.

Recreational Flyers: TRUST Test

Pilots flying purely for recreation must pass The Recreational UAS Safety Test (TRUST). The test is free, available online through FAA-approved administrators, and does not expire. Proof of completion must be carried during flight operations.

Commercial Operators: Part 107 Certificate

Flying for compensation, for a business, or for a government agency without a Certificate of Authorization (COA) requires an FAA Part 107 Remote Pilot Certificate. The process includes:

1. Passing the Aeronautical Knowledge Test at an FAA-approved testing center.
2. Passing a TSA security background check.
3. Applying for the certificate through the FAA's IACRA system.
4. Completing recurrent online training every 24 months to maintain currency.

Airspace Authorization

Flying in controlled airspace requires authorization.

LAANC (Low Altitude Authorization and Notification Capability): This automated system provides near-real-time approval through third-party apps. It is available at participating South Dakota airports, including Sioux Falls Regional (FSD) and Rapid City Regional (RAP). Check the current FAA LAANC coverage map for a complete list.

FAA DroneZone manual waiver: For operations not supported by LAANC, a manual waiver request must be submitted through DroneZone. Processing times can take several weeks.

Core Operational Rules (14 CFR Part 107)

• Maximum altitude: 400 feet above ground level (AGL), or within 400 feet of a structure.
• Maintain visual line of sight with the drone at all times.
• Fly only during daylight or civil twilight (with anti-collision lighting).
• Do not fly over people or moving vehicles without a waiver.
• Do not operate from a moving vehicle.

Restricted and Sensitive Airspace in South Dakota

South Dakota contains national parks, military airspace, tribal lands, and other sensitive locations with flight restrictions.

National Parks and Memorials

Mount Rushmore National Memorial, Badlands National Park, and Wind Cave National Park: National Park Service (NPS) regulations prohibit launching, landing, or operating drones within the boundaries of any NPS-managed lands without a special use permit (36 CFR Part 1). Contact the individual park's superintendent's office to apply.

Military Airspace: Ellsworth Air Force Base

Ellsworth AFB, near Rapid City, is surrounded by restricted airspace (R-4501) and Military Operations Areas (MOAs) that cover large portions of western South Dakota. Unauthorized flight in these areas is prohibited. Check current FAA sectional charts and contact Ellsworth AFB airspace management before flying anywhere in the region.

Tribal Lands

South Dakota is home to multiple federally recognized tribal nations with sovereignty over their lands. Flying a drone over tribal territory, including lands belonging to the Standing Rock, Cheyenne River, Oglala, or Rosebud Sioux Tribes, requires permission from the respective tribal government. FAA authorization alone is not sufficient. Contact each tribe's government offices for their specific policies.

Temporary Flight Restrictions

Temporary Flight Restrictions (TFRs) are common during events like the Sturgis Motorcycle Rally, VIP visits, or wildfire suppression efforts. Check for active TFRs at tfr.faa.gov or through the B4UFLY app before every flight.

State Correctional Facilities and Wildlife Areas

State law may establish no-fly zones around state prisons. Consult the South Dakota Department of Corrections for specific restrictions. For flights over wildlife refuges or Bureau of Land Management (BLM) land, contact the U.S. Fish and Wildlife Service or the BLM South Dakota Field Office for permit requirements.

Permit Fees, Timelines, and Requirements at a Glance

South Dakota does not charge a state-level drone permit fee.

What Changed Recently: 2020 Legislative Overhaul and Ongoing Rulemaking

HB 1066 (2020): The Current State Framework

HB 1066, signed February 24, 2020 (H.J. 373), is the foundational law for modern state drone oversight. It granted the Aeronautics Commission authority to promulgate drone-specific administrative rules under ARSD Title 70. Consult SDAC directly to determine if this authority has been used to create new drone regulations.

FAA Remote ID: Now in Effect

As of September 16, 2023, the FAA's Remote ID rule (14 CFR Part 89) is in effect. All drones requiring FAA registration must broadcast identification and location data during flight. Drones without built-in Remote ID capability must be retrofitted with an FAA-accepted broadcast module. This federal rule applies to all operators in South Dakota.

FAA Advanced Air Mobility and UAS Integration

The FAA continues to develop national policies for Advanced Air Mobility (AAM) and broader UAS integration. Monitor FAA rulemaking at faa.gov/uas for updates that may affect South Dakota operations.

2023 and 2024 Legislative Sessions

No major state drone-specific bills from the 2023 or 2024 legislative sessions were identified in the source material. Consult the South Dakota Legislature's official website (sdlegislature.gov) to verify current legislative activity.

Next Steps: Who to Contact and How to Get Compliant

Your Compliance Checklist

1. Register your drone (if 0.55 lbs or more) with the FAA.
2. Pass the TRUST test (recreational) or earn a Part 107 certificate (commercial).
3. Check airspace before every flight using an FAA-approved app like B4UFLY.
4. Get LAANC authorization or a DroneZone waiver for flights in controlled airspace.
5. Check for TFRs at tfr.faa.gov.
6. Confirm land-use restrictions for NPS, tribal, state, or other federally managed lands.
7. Ensure Remote ID is active on your drone.
8. Check local ordinances for your specific area of operation.

Key Contacts

South Dakota Aeronautics Commission (SDAC) For questions regarding state aviation law (SDCL Title 50) and administrative rules (ARSD Title 70).

FAA UAS Integration Office For questions on federal regulations, waivers, and airspace. Contact through faa.gov/uas.

South Dakota Game, Fish & Parks (GFP) For inquiries about drone use in state parks and recreation areas.

National Park Service (NPS) For special use permit applications for Mount Rushmore, Badlands, or Wind Cave.

Ellsworth Air Force Base Airspace Management For questions about operating near R-4501 or associated MOAs.

Tribal Government Offices Contact each tribal nation directly for permission to fly over their lands.

Recommended Tools

• B4UFLY: FAA mobile app for pre-flight airspace checks and TFR alerts.
• Aloft: A LAANC provider for authorization in controlled airspace.
• FAA DroneZone: Official portal for registration, waivers, and Part 107 applications.
• FAA Sectional Charts: Detailed airspace visualization, available digitally via SkyVector or other services.