South Dakota Statewide Rule
South Dakota state law: recreational drone operation
Key Facts
- Drone definition
- SDCL §50-15-1
- FAA compliance required
- SDCL §50-15-2
- Prison/military overflight ban
- SDCL §50-15-3 (Class 1 misdemeanor)
- Privacy / eavesdropping
- SDCL §50-15-5 (Class 1 misdemeanor)
- State preemption of locals
- NO express preemption: cities may regulate
- Hobby registration
- FAA registration required if drone > 0.55 lb (federal)
Summary
South Dakota does NOT regulate hobby drone flight by altitude, daylight, registration, or operator-age rules at the state level beyond requiring compliance with federal FAA Part 107 / FAA recreational rules. SDCL Chapter 50-15 (Drones) imposes only narrow criminal restrictions: SDCL 50-15-2 requires compliance with all FAA requirements; SDCL 50-15-3 makes it a Class 1 misdemeanor to fly over prisons, correctional facilities, jails, juvenile detention centers, or military facilities without administrator authorization; SDCL 50-15-5 makes it a Class 1 misdemeanor to use a drone to photograph, record, or observe a person in a private place where a reasonable expectation of privacy exists. SDCL Chapter 50-15 contains NO express preemption of municipal drone regulation, so cities and counties retain authority under SDCL 9-29-1 (general welfare) to regulate takeoff/landing on city property, drone use in city parks, and drone use over public events. Hobby drones under 55 lbs are exempt from state aircraft registration (SDCL Chapter 50-11 framework). The SD Game, Fish and Parks Drone Policy (effective 2018) prohibits the use of drones to hunt, scout, drive, or locate game animals or birds.
50-15-5. Eavesdropping-Violation of privacy-Misdemeanor. No person may, except as authorized by law, intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. A person who violates this section is guilty of a Class 1 misdemeanor. This section does not apply to: (1) Law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties; (2) A drone operator operating a drone for bona fide business or bona fide government purposes who unintentionally or incidentally photographs, records, or otherwise observes another person in a private place; or (3) A designated emergency management worker operating a drone within the scope of the worker's duties.
Full Breakdown
SDCL Chapter 50-15 is the operative state drone statute. SDCL 50-15-1 defines 'drone' as a powered aerial vehicle that does not carry a human operator, can fly autonomously or be piloted remotely, and can be expendable or recoverable. ' SDCL 50-15-3 provides: 'No person may operate a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or any military installation, unless that person has obtained express authorization from the warden, sheriff, or commanding officer of the facility. ' SDCL 50-15-5 makes it a Class 1 misdemeanor to use a drone to intentionally photograph, record, or observe another person in a private place where the person has a reasonable expectation of privacy, with exceptions for law enforcement acting under a warrant, commercial agricultural operations on land owned/leased by the operator, and emergency response.
The chapter contains NO general preemption of local drone ordinances, meaning municipalities may regulate takeoff, landing, and operation from public property under SDCL 9-29-1 police-power authority. 55 lb (250 g) and pass the FAA TRUST recreational knowledge test. pdf) prohibits drones in a manner that disturbs wildlife (especially bison), harasses other park users, or interferes with park management. SDCL Title 41 administrative rules prohibit using drones to take, locate, scout, drive, rally, stir up, or concentrate game animals.
Violations & Penalties
Operating a drone over a prison/jail/juvenile facility/military installation without authorization is a Class 1 misdemeanor (up to 1 year jail / $2,000 fine) under SDCL 50-15-3. Using a drone to invade privacy under SDCL 50-15-5 is a Class 1 misdemeanor. Using a drone to take or scout game animals violates SD Game, Fish and Parks rules under SDCL Title 41: fines and license revocation. Local city park or critical-infrastructure violations are punishable under municipal nuisance/trespass code (typically $50-$500 fine). Federal FAA violations (flying above 400 ft, beyond visual line of sight, at night without waiver, in controlled airspace without LAANC authorization) carry FAA civil penalties up to $32,666 per violation.
Frequently Asked Questions
Do I need a license to fly a drone recreationally in South Dakota?
Can my city or county pass its own drone ordinance?
Can I fly my drone in South Dakota state parks?
Sources
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