South Dakota Statewide Rule

South Dakota state law: aircraft and drone noise

Few RestrictionsApplies statewide across South Dakota (2026)

Key Facts

Federal preemption (manned): 49 USC 40103 (FAA)
State drone chapter: SDCL Chapter 50-15
FAA compliance required: SDCL 50-15-2
Drone privacy limit: SDCL 50-15-5 (Class 1 misdemeanor)
Municipal authority: SDCL 9-29-1 (city-property takeoff/landing)

Last verified: September 5, 2026Source: South Dakota Legislature

Summary

South Dakota has no statewide aircraft-noise ordinance; manned-aircraft noise is preempted by federal law (49 USC 40103). For drones, SDCL Chapter 50-15 sets only narrow rules (FAA compliance, prison and privacy limits) and does not preempt municipalities from regulating drone takeoff, landing, or overflight of city property under SDCL 9-29-1.

A person, in compliance with federal aviation regulations, may operate a drone for recreational purposes within the state. A person or business entity, doing business lawfully within the state and in compliance with federal aviation regulations, may operate or use a drone for commercial purposes within this state. Except as otherwise specifically allowed by this title, the state, or any political subdivision thereof, may not enact or enforce an ordinance regarding: (1) Ownership, operation, design, manufacture, testing, maintenance, licensing, registration, certification, or equipment requirements of an uncrewed aircraft system; (2) Airspace, altitude, or flight path restrictions; or (3) Qualifications, training, or certification of a pilot, operator, or observer of a drone.

Source: South Dakota LegislatureView official code

Full Breakdown

Manned-aircraft noise is governed by federal law: the FAA's exclusive authority over navigable airspace under 49 USC 40103 preempts state and local regulation of aircraft in flight. SDCL Title 50 (Aeronautics) covers airport zoning, registration, and licensing but sets no overflight noise standard. For drones, SDCL Chapter 50-15 imposes limited rules. SDCL 50-15-2 requires compliance with all FAA requirements, 50-15-3 bars flights over prisons, and 50-15-5 makes it a Class 1 misdemeanor to record a person in a private place. South Dakota has not preempted municipal drone regulation, so cities may regulate takeoff, landing, and overflight of city property under SDCL 9-29-1.

Violations & Penalties

FAA administrative penalties apply to aircraft-noise complaints under 49 USC 46301. Flying a drone over a prison (SDCL 50-15-3) or recording someone in a private place (SDCL 50-15-5) is a Class 1 misdemeanor. Local drone ordinances add $100–$500 civil fines.

Frequently Asked Questions

Can my South Dakota city ban airplane overflight noise?

No. Aircraft in flight are under exclusive FAA jurisdiction (49 USC 40103). South Dakota cities and counties cannot regulate manned-aircraft noise; complaints go to the FAA Aircraft Noise Complaint System.

Can South Dakota cities regulate drones?

Yes, in limited ways. SDCL Chapter 50-15 does not preempt local drone rules. Cities may regulate takeoff and landing on city property, drone use at city events, and reckless operation under SDCL 9-29-1. They cannot override FAA Part 107 flight rules.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.