Guide

Drone laws in South Dakota (2026)

UPDATED OCTOBER 2026

South Dakota has no state drone license. Recreational pilots need the free FAA TRUST certificate and commercial pilots need a Part 107 certificate, plus FAA registration for drones of 250 g or more. South Dakota's drone chapter (SDCL 50-15) bans flying over prisons and military facilities, protects privacy, makes landing on someone's property without consent a misdemeanor, and preempts most local drone rules. Mount Rushmore and Badlands are off-limits, but Custer State Park allows recreational flying with care.

Drone laws in South Dakota
South Dakota follows FAA rules for pilots, bans flying over prisons and military bases, requires consent to land on private property and preempts local drone rules.

Do you need a drone license in South Dakota?

Not from the state. FAA rules apply:

  • Recreational: pass the free TRUST test. Register with the FAA ($5, 3 years) if your drone weighs 250 g or more.
  • Commercial: a Part 107 Remote Pilot Certificate and a registered drone.
  • Airspace: Sioux Falls and Rapid City have controlled airspace, and Ellsworth Air Force Base adds military airspace near Rapid City. Use LAANC and stay at or below 400 ft.

South Dakota state drone laws

  • Prisons and military facilities (SDCL 50-15-3): flying over the grounds of a prison, jail, juvenile detention facility or military facility without the administrator's authorization is a Class 1 misdemeanor. Dropping contraband into a prison is a felony.
  • Privacy (50-15-5): intentionally using a drone to photograph or observe someone in a private place where they expect privacy is a Class 1 misdemeanor. Incidental capture during business or government work is exempt.
  • Careless or harassing flight (50-15-5.1, 2024): flying carelessly in a way that endangers people or property, or to harass someone, is a misdemeanor.
  • Landing (50-15-6): landing a drone on someone's land, property or waters without consent is a misdemeanor. A forced landing or malfunction is a defense, but you're still liable for damage.
  • Preemption (50-15-7 and 50-15-10, 2024): cities and counties can't write their own rules on drone operation, altitude or pilot qualifications.
  • Hunting (SDCL 41-8-39): you can't use a drone to hunt, drive, locate or spot wild birds or animals. A narrow exception lets landowners use drones to spot predators or varmints on private land outside September through November.

Where you can fly in South Dakota

  • National park units: banned at Mount Rushmore, Badlands, Wind Cave, Jewel Cave and other NPS sites. See Mount Rushmore and Badlands.
  • Custer State Park and other state parks: Game, Fish and Parks doesn't ban recreational drones, but asks pilots to avoid campgrounds, beaches, playgrounds and crowds. Commercial flights need a filming permit.
  • Black Hills National Forest: generally allowed outside wilderness areas and TFRs.
  • Sturgis rally: expect crowds and possible flight restrictions in August.

Before you fly in South Dakota

  1. Check airspace and TFRs in B4UFLY or Aloft.
  2. Stay off NPS land and away from Ellsworth.
  3. Don't land on private property without permission.
  4. Carry your TRUST certificate or Part 107 card.

Prairie wind is strong and steady, so plan your return leg. A sub-250 g drone like the DJI Mini 5 Pro or Mini 4 Pro needs no recreational registration. Read SDCL 50-15 at the South Dakota Legislature.

Rules current as of October 2026. This is general information, not legal advice.

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