Title 50, AVIATION

The governing body of a municipality to which this chapter is applicable having power to appropriate money therein may annually appropriate and cause to be raised by taxation in such municipality a sum sufficient to carry out the provisions of this chapter. A county shall appropr…

A person or organization that has obtained a Federal Aviation Administration determination of no hazard, shall provide the determination to the commission prior to the start of construction or alteration of any structure that is subject to the jurisdiction of the Federal Aviation…

If conflicting jurisdiction arises over the control of the erection of a building, structure, tower, or hazard in relation to an airport, airway, or airport facility between the commission and any political subdivision of the state, the commission may overrule, change, modify, or…

Any anemometer tower that is fifty feet in height above the ground or higher, that is located outside the exterior boundaries of any municipality, and whose appearance is not otherwise mandated by state or federal law shall be marked, painted, flagged, or otherwise constructed to…

The creation or establishment of an airport hazard is a public nuisance and an injury to the community or the United States served by the airport and shall be prevented in accordance with this title. Source: SL 2020, ch 203 , § 14.

The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the political subdivisions may raise and expend public funds and acquire land…

A violation of any regulation, order, or ruling promulgated or made pursuant to this chapter, is a Class 1 misdemeanor. Source: SL 1943, ch 2 , § 8; SDC Supp 1960, § 2.9908; SL 1983, ch 15 , § 185.

Each airport sponsor that is a municipality, county, or political subdivision of the state that has an airport layout plan shall take measures for the protection of airport approaches, and shall adopt, administer, and enforce, under the police power and in the manner and upon the…

The regulations required by § 50-10-5 shall divide the airport layout into zones, and, within each zone, specify the land uses permitted, regulate and restrict the height to which structures and obstructions may be erected or allowed to grow, prohibit the obstruction by lights, s…

If the local zoning authority does not require compliance with the requirements for proper zoning at an airport pursuant to § 50-10-6 , the commission may withhold future funding. Source: SL 2014, ch 222 , § 73.

If a political subdivision adopts a general zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion thereof under this chapter, may be incorporated in and made a part of such general zoning regu…

Any zoning or other regulations shall be consistent with an airport layout plan. Measures shall be taken for the protection of airport approaches, including not only any airport zoning regulations adopted under this chapter but any zoning or other regulations dealing with the sam…

No airport zoning regulation adopted under this chapter may be unreasonable. No regulation may require the removal, lowering, or other change or alteration of any structure or obstruction not conforming to the regulation when adopted or amended, or otherwise interfere with the co…

Aircraft registration required by this chapter expires on the thirty - first day of March following the calendar year in which the registration is made. Source: SDC 1939, § 2.0404 as enacted by SL 1949, ch 4 , § 2; SL 1966, ch 1 , § 3; SL 1993, ch 348 , § 9; SL 2004, ch 288 , § 2…

There shall be paid to the secretary of transportation at the time of the registration of an aircraft an annual registration fee for each such aircraft based upon its maximum permissible take - off weight to be computed as follows: Weight in Pounds Rate 0 -- 1,500 $ 25 1,501 -- 2…

If any aircraft, according to the manufacturer's records as to date of manufacture, was ten years old or more on January first of the year for which registration and fee is required, the fee required by § 50-11-12 shall be one - half of the fee ordinarily prescribed. Source: SDC …

The fee for registering any theretofore unregistered aircraft purchased on or after July first of any year shall be one - half the amount prescribed by § 50-11-12 and, as to such aircraft purchased on or after October first of any year, one - fourth of such prescribed amount. Sou…

The department may not approve an application for any aircraft which should have been previously registered or taxed under the laws of this state, without collecting all past-due registration fees or taxes. Source: SDC 1939, § 2.0407 (3) as enacted by SL 1949, ch 4 , § 2; SL 1966…

No aircraft may be registered for an annual registration, or any part thereof, for a fee of less than ten dollars. Source: SDC 1939, § 2.0407 (4) as enacted by SL 1949, ch 4 , § 2; SL 1993, ch 348 , § 11.

In addition to all other registration fees paid to the department, an additional original registration tax of four percent, based upon the purchase price of the aircraft, shall be paid to the department, along with the application for the original registration of an aircraft. For…

For the purposes of this chapter, the purchase price is: (1) For an aircraft purchase, sale, or transfer, the total consideration for the aircraft whether received in money or otherwise less the value of any aircraft taken by the seller as trade, if the aircraft traded was regist…

The additional original registration tax on the sale of aircraft held by a licensed aircraft dealer under a use stamp or dealer certificate is at the rate specified in § 50-11-19 on the purchase price at the time the aircraft is sold. If a licensed aircraft dealer converts aircra…

When determining the amount of the registration tax imposed by § 50-11-19 on homebuilt aircraft, a credit for South Dakota sales tax and South Dakota use tax that was paid by the applicant on any purchase of aircraft kits, engines, instruments, and other parts and components used…

The department shall inform the Department of Revenue of the amount of credit granted under § 50-11-19.3 on a quarterly basis. The Department of Revenue shall transfer to the department, for deposit into the aeronautics fund, the amount of credit granted under § 50-11-19.3 . Tran…

The provisions of § 50-11-19 apply to all aircraft not previously registered in this state, except: (1) Aircraft, owned by a person coming into this state from another state for the purpose of making the person's home within this state, and registered in the other state, are exem…

The commission may prescribe forms and promulgate rules pursuant to chapter 1-26 for the ascertainment, assessment, collection, or return of the additional original registration tax imposed by § 50-11-19 . Upon receipt of the original registration tax, the department shall pay it…

If the department believes that the assessment or collection of taxes is jeopardized by delay, the department may immediately make an assessment of the estimated tax and penalty and demand payment from the taxpayer. If the payment is not made, a lien may be filed and a distress w…

Any tax or penalty due the state from a taxpayer is a lien in favor of the State of South Dakota upon all property and rights to property, whether real or personal, belonging to the taxpayer. In order to preserve the lien against subsequent mortgages, purchasers, or judgment cred…

If an aircraft registered under this chapter is sold or transferred, the person in whose name the aircraft is registered shall complete and sign the endorsement on the back of the certificate of registration as prescribed by the department and shall, within seven working days, fo…

The purchaser or transferee under § 50-11-22 shall, within sixty days, apply to the department for the transfer of the registration of the aircraft to the purchaser's or transferee's name and the issuance of a new certificate of registration. A violation of this section is a Clas…

This chapter does not apply to any aircraft and person operating an aircraft that is owned by or used exclusively in the service of the United States, any state or political subdivision of the state, territory, possession of the United States, or the District of Columbia, and tha…

This chapter does not apply to military aircraft and personnel of the United States government, or any aircraft and personnel licensed by a foreign country with which the United States has reciprocal relations, if the aircraft and personnel are not engaged in any intrastate comme…

Any aircraft of any resident of another state, and any nonresident person, having complied with the registration requirements of that state, may be operated or operate within this state for a period of not more than ninety days in any one year without complying with this chapter …

This chapter does not apply to any aircraft, or person operating an aircraft, which is engaged in regularly scheduled flying constituting an act of interstate or foreign commerce. Source: SDC 1939, § 2.0411 (4) as enacted by SL 1949, ch 4 , § 2; SL 1983, ch 353 , § 1; SL 2019, ch…

This chapter does not apply to any person operating model aircraft, balloons, gliders, or sUAS. Source: SDC 1939, § 2.0411 (5) as enacted by SL 1949, ch 4 , § 2; SL 2010, ch 227 , § 83; SL 2018, ch 269 , § 36; SL 2019, ch 203 , § 41.

No person may: (1) Alter, forge, or cause to be altered or forged a certificate of registration or permit issued under this chapter; (2) Alter, forge, or cause to be altered or forged an assignment or endorsement of a certificate of registration; or (3) Permit, or to hold or use …

For aircraft leased for thirty-six calendar months or less, the original registration tax of four percent, as required under § 50-11-19 , applies only to the scheduled lease payments, excluding fuel, routine maintenance, insurance, and crew, and shall be paid by the lessee at the…

The aircraft registration certificate shall at all times be conspicuously posted within the aircraft so as to be readily seen by passengers and inspectors. The department shall provide a decal bearing the same identification number as the registration certificate. The aircraft ow…

The owner or lessee of an aircraft to be operated within this state shall, except as otherwise expressly provided, file with the department on a form furnished by the department, an application for registration of the aircraft. A person who fails to register an aircraft within th…

The aircraft dealer's certificate and commercial use stamp shall at all times be conspicuously carried and displayed in the aircraft subject to such certificate and commercial use stamp. The aircraft if so licensed shall remain in the possession of or under the control of the lic…

The fee for an aircraft dealer's license is two hundred dollars for two calendar years or any fraction thereof. The fee shall accompany the application for the issuance or renewal of an aircraft dealer's license. The fee for additional aircraft dealer's certificates is five dolla…

The aircraft dealer's license as provided by § 50-12-3 expires on the thirty-first day of January of the second year next succeeding the calendar year in which it was issued. The commercial use stamps as provided by § 50-12-8 expire twenty-four months after they are issued, if a …

Each licensed dealer on or before February first of the second year shall apply for the renewal of the dealer's license. The dealer shall verify having sold or brokered at least six aircraft within the past twenty-four calendar months. However, any dealer not meeting the requirem…

The department may refuse to issue or renew, or may suspend or revoke, an aircraft dealer's license if the department has reasonable grounds to believe that the dealer has: (1) Forged or altered any federal certificate, permit, rating, or license, relating to ownership or airwort…

No license may be revoked or suspended, nor may the renewal of any license be refused until after a hearing by the commission, of which the licensee has ten days' notice of the time and place of the hearing. If any license is revoked or suspended, or its renewal is refused, the p…

If the department refuses to issue a license upon an original application, the department shall remit to the applicant all fees accompanying the application. Refusal may be on any of the grounds as set forth in § 50-12-16 . The department shall set forth the reasons for the refus…