South Dakota Statewide Rule

South Dakota state law: drone restrictions in parks and public lands

Heavy RestrictionsApplies statewide across South Dakota (2026)

Drone use in South Dakota state parks is governed by the SD Game, Fish and Parks Drone Policy (effective Dec 17, 2018) issued under SDCL Title 41 (Game, Fish and Parks) authority. Recreational drones are PERMITTED in state parks only if flown safely and respectfully: not over people/campgrounds/beaches/playgrounds/festivals, not near wildlife (especially bison), not in a careless or reckless manner, not from moving vehicles, not under the influence, not near other aircraft or emergencies. Drones may NOT be used to hunt, kill, take, scout, drive, rally, stir up, concentrate, or locate game birds or game animals — this is a hunting violation under SDCL Title 41 and SDGFP regulations. Commercial drone use in any state park requires a commercial-use permit from SDGFP (application at gfp.sd.gov/forms/film/). Federal lands in SD impose stricter rules: Badlands National Park, Mount Rushmore National Memorial, Wind Cave National Park, and Jewel Cave National Monument all BAN drones outright under 36 CFR 1.5 (NPS regulations). Black Hills National Forest generally permits recreational drones but bans them in designated wilderness areas under 36 CFR 261.18.

Key Facts

State park authority: SDCL Title 41 / SDGFP Drone Policy (Dec 2018)
Hunting-with-drone ban: SDCL Title 41 / ARSD 41:06
Commercial permit required: SDGFP commercial-use permit
Federal NPS lands: Drones BANNED at Badlands, Mt Rushmore, Wind Cave, Jewel Cave (36 CFR 1.5)
Federal wilderness: Drones BANNED in Black Elk Wilderness (36 CFR 261.18)
Bison harassment: Prohibited in Custer State Park

Last verified: 2026-06-02

Full Breakdown

State Park Layer (SD Game, Fish and Parks Drone Policy, Dec 17, 2018): Recreational drones may be flown in SD state parks (Custer State Park, Bear Butte, Lewis and Clark, Newton Hills, Palisades, Sica Hollow, Roy Lake, Oakwood Lakes, etc.) provided the operator: (1) does not fly over people or groups (campgrounds, beaches, playgrounds, festivals, gatherings); (2) does not fly near wildlife — bison, elk, bighorn sheep, prairie dogs in Custer State Park are protected from drone harassment; (3) does not fly carelessly or recklessly; (4) does not fly near other aircraft, from moving vehicles, while under the influence, or near emergencies; (5) does not use the drone to hunt, scout, drive, or locate game animals (prohibited under SDCL Title 41 and ARSD 41:06). Commercial use in any state park requires a commercial-use permit application (https://gfp.sd.gov/forms/film/) reviewed by SDGFP. Federal Park Layer: 36 CFR 1.5 authorizes NPS superintendents to close park areas to drones; this authority has been exercised to ban drones in Badlands NP, Mount Rushmore NM, Wind Cave NP, and Jewel Cave NM. Violations carry fines up to $5,000 / 6 months federal jail. Federal Forest Layer: USFS generally permits recreational drones in Black Hills NF, but 36 CFR 261.18 prohibits drones in designated wilderness areas (Black Elk Wilderness within Black Hills NF). Municipal Park Layer: Cities may impose drone restrictions in city parks under SDCL 9-29-1 — Sioux Falls and Rapid City both regulate drones in selected city parks. SDCL Chapter 50-15 does not preempt these local restrictions.

Violations & Penalties

Violation of SD GFP drone policy: warning, citation, ejection from park, or denial of future permits; commercial use without a permit can incur civil fines. Hunting/harassment of wildlife with a drone violates SDCL Title 41 and ARSD 41:06 — fines, license revocation, and equipment forfeiture. Federal NPS drone ban (Badlands, Mount Rushmore, Wind Cave): up to $5,000 fine, 6 months federal jail, drone confiscation. Federal USFS wilderness violation: up to $5,000 fine / 6 months jail. Municipal park drone violations (Sioux Falls Falls Park, Rapid City Memorial Park, etc.): municipal citation typically $50-$500 plus possible drone impoundment.

Frequently Asked Questions

Can I fly my drone at Mount Rushmore or in the Badlands?

No. Mount Rushmore National Memorial, Badlands National Park, Wind Cave National Park, and Jewel Cave National Monument all ban drones outright under National Park Service authority (36 CFR 1.5). Violations carry federal fines up to $5,000 and confiscation of the drone. These bans apply regardless of South Dakota state law.

Can I fly a drone in Custer State Park?

Yes, recreational drones are permitted in Custer State Park (a state park, not a national park) subject to the SD Game, Fish and Parks Drone Policy. You must not fly over people, near campgrounds, near other aircraft, or near wildlife — bison harassment is a particular concern in Custer. You may not use the drone to scout or locate game animals. Commercial filming requires an SDGFP commercial-use permit.

Can I use a drone to scout for deer or other game in South Dakota?

No. South Dakota Game, Fish and Parks rules and SDCL Title 41 prohibit using a drone (or any aircraft) to take, locate, scout, drive, rally, stir up, or concentrate game animals or game birds. Violation is a hunting offense — fines, hunting-license revocation, and drone forfeiture. This applies on public AND private land for licensed hunting purposes.

Sources

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