Aircraft noise is governed almost entirely by federal law under FAA authority. South Dakota cannot regulate flight operations, but SDCL chapter 50-7 governs airport zoning to protect surrounding land use from incompatible development.
Federal law (49 U.S.C. 40103, 41713) preempts state and local regulation of aircraft in flight, including noise emissions, routes, and altitudes. South Dakota recognizes this preemption and channels aircraft-related authority into ground-based airport zoning under SDCL 50-7-1 through 50-7-19. Airport boards may adopt zoning regulations to limit incompatible structures and uses near runways, including height restrictions under SDCL 50-10. Noise complaints about overflights must be directed to the FAA or airport operator. South Dakota law cannot impose curfews or fines on flight operations; only the airport proprietor or FAA may.
Violations of airport zoning under SDCL 50-7 are misdemeanors with civil injunctive relief; flight noise itself is not enforceable under state law due to federal preemption.
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See how Sioux Falls's aircraft noise rules stack up against other locations.
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