South Dakota Statewide Rule

South Dakota state law: recreational drone operation

Few RestrictionsApplies statewide across South Dakota (2026)

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.

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)

Last verified: 2026-06-02Source: South Dakota Legislature

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 50-15-2 provides: 'Any person operating a drone shall comply with all Federal Aviation Administration requirements and guidelines.' 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. A violation of this section is a Class 1 misdemeanor.' 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. Hobby operators must register with the FAA if the drone weighs over 0.55 lb (250 g) and pass the FAA TRUST recreational knowledge test. The South Dakota Game, Fish and Parks Drone Policy (https://gfp.sd.gov/userdocs/docs/Drone_Policy_12-17-18.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?

South Dakota state law does not require an operator license for recreational drones. You must, however, comply with FAA recreational rules: register the drone with the FAA if it weighs more than 0.55 lb (250 g), pass the FAA TRUST test, fly below 400 ft AGL, keep the drone in visual line of sight, and stay clear of controlled airspace without LAANC authorization. SDCL 50-15-2 expressly requires FAA compliance.

Can my city or county pass its own drone ordinance?

Yes. SDCL Chapter 50-15 does not preempt local regulation. Cities can adopt ordinances limiting drone takeoff/landing in city parks, over crowds, near schools, or in residential right-of-way under SDCL 9-29-1 police power. Home-rule cities (Sioux Falls, Rapid City, Watertown) have especially broad authority under their SDCL 6-12 charters. Check your local municipal code before flying.

Can I fly my drone in South Dakota state parks?

Only for non-commercial recreational use that complies with the SD Game, Fish and Parks Drone Policy: do not fly over people, campgrounds, beaches, playgrounds, or wildlife (especially bison); do not fly to hunt, scout, or harass game; do not fly recklessly or under the influence. Commercial drone use in state parks requires a commercial-use permit from SDGFP. Some federal lands within SD (Badlands National Park, Mount Rushmore, Wind Cave) are subject to a complete FAA/NPS drone ban regardless of state law.

Sources

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