South Dakota state law: commercial drone operation

Federal layer: All commercial drone operators in South Dakota must hold an FAA Part 107 Remote Pilot Certificate, register the drone with the FAA, and comply with Part 107 operating rules (under 400 ft AGL, daytime/civil-twilight without waiver, visual line of sight, no flight over people without Category 1-4 compliance, LAANC for controlled airspace, Remote ID broadcast). State layer: SDCL 50-15-2 incorporates the FAA framework directly. SDCL 50-15-3 prohibits unauthorized commercial overflight of any prison, correctional facility, jail, juvenile detention facility, or military installation in SD — Class 1 misdemeanor. SDCL 50-15-4 ('Prohibited delivery of contraband') provides that 'any person who uses a drone to deliver contraband or a controlled substance to a state prison or other correctional facility is guilty of a Class 6 felony.' SDCL 50-15-5 prohibits intentional drone observation/recording of persons in a private place but expressly EXEMPTS 'commercial or agricultural operations conducted on land owned or leased by the operator' — this carve-out protects SD's substantial agricultural drone industry (crop scouting, livestock counts, spraying) and aerial-imagery services on the operator's own property. There is NO state preemption of local commercial-drone permits, so home-rule cities (Sioux Falls, Rapid City, Watertown) and statutory cities may impose film/photo permits, takeoff/landing approvals, or insurance/liability requirements for commercial drone operations on city property. SD Game, Fish and Parks requires a commercial-use permit application (https://gfp.sd.gov/forms/film/) for any commercial drone use in state parks; federal NPS rules ban drones outright in Badlands NP, Mount Rushmore NM, and Wind Cave NP.

Operating commercially without a valid FAA Part 107 certificate is a federal violation (FAA civil penalties up to $32,666 per violation). Unauthorized commercial overflight of a SD prison/military facility under SDCL 50-15-3 is a Class 1 misdemeanor (up to 1 year jail / $2,000 fine). Using a drone to deliver contraband to a correctional facility under SDCL 50-15-4 is a Class 6 felony (up to 2 years prison / $4,000 fine) IN ADDITION to the underlying contraband charge. Operating in a state park without an SDGFP commercial-use permit can result in citation and ejection. Local violations (no city film permit, no insurance, takeoff from prohibited city land) are punishable under municipal code, typically $50-$1,000 fine and impoundment.