Title 50, AVIATION

An aircraft dealer's place of business shall have a business name, and the telephone listing shall indicate the business is an aircraft-related place of business. The structure of an aircraft dealer's place of business shall be used primarily as a place of business for the sale o…

During such times as any aircraft is held by a licensed dealer for sale, exchange, delivery, test, or demonstration purposes, and solely as stock in trade of the dealer's business, an aircraft dealer's certificate may be used in said aircraft in lieu of any registration certifica…

A dealer's certificate issued under this chapter may be used only by a licensed aircraft dealer for aircraft owned or controlled by the dealer for the purposes of sale, resale, or flight instruction without charge. Use of a certificate for any purpose other than as permitted unde…

Upon the sale of any aircraft bearing an aircraft dealer's certificate, the dealer shall comply with §§ 50-11-22 and 50-11-23 . If possession of an aircraft is transferred to a new owner, the dealer shall deliver the aircraft dealer's certificate and sales affidavit to the depart…

Upon application in writing on a form furnished by the department and the payment of a fee of one hundred dollars for each aircraft to be so used, the department shall furnish a dealer with a commercial use stamp upon which is printed the federal aircraft registration number (N, …

Any aircraft subject to registration under an aircraft dealer's certificate for a period exceeding twenty-four months shall be registered in accordance with §§ 50-11-12 and 50-11-19 . Source: SDC 1939, § 2.0705 as enacted by SL 1966, ch 1 , § 9; SL 1980, ch 330 , § 5; SL 2010, ch…

It is a Class 1 misdemeanor for any person to operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger or be likely to endanger any person or property. In any proceeding for a violation of this section, the court in determining w…

It is a Class 1 misdemeanor for any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug to operate an aircraft in the air or on the ground or water. No person may operate an aircraft in the air or…

No person may, without express or implied authority of the owner, operate, climb upon, enter, manipulate the controls or accessories of, set in motion, remove parts or contents therefrom, or otherwise tamper with any aircraft within this state with intent to injure the same or ca…

A political subdivision may enact or enforce ordinances that relate to the operation of a drone within the political subdivision's jurisdiction that are consistent with federal and state law. This section does not limit the authority of a political subdivision to adopt an ordinan…

Takeoff or landing of a drone within a controlled access facility, as defined in § 31-8-1 , is prohibited, except by a state agency or state agent. Takeoff or landing within any other public highway right-of-way is prohibited if the takeoff or landing is performed carelessly or i…

Nothing in this chapter may be construed to prohibit the: (1) Take-off or landing of a drone as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private c…

Nothing in this title shall preempt or intrude upon the exclusive sovereignty of airspace of the United States as set forth in 49 U.S.C. § 40103. Any interpretation or application of any provision of this title that contradicts the exclusive authority of the United States governm…

Any operation of a drone in the state shall comply with all applicable Federal Aviation Administration regulations. Any drone operating under the authority of the Armed Forces of the United States, including the National Guard, is exempt from this chapter. Source: SL 2017, ch 202…

No person may operate a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or any military facility unless expressly authorized by the administrator thereof. A violation of this section is a Class 6 felony. Law enforcement officers may u…

The Department of Public Safety may promulgate rules, in accordance with chapter 1-26 , to: (1) Identify the nature and scope of mitigation techniques and drone countermeasures that may be utilized in response to a violation of § 50-15-3 ; and (2) Develop and implement a training…

Any person who uses a drone to deliver contraband or controlled substances to a state prison or other correctional facility is guilty of a Class 6 felony in addition to the penalty for the principal offense. Source: SL 2017, ch 202 , § 4.

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. Thi…

No person may intentionally or willfully operate a drone in a careless manner that endangers persons or property, or for voyeuristic or harassment purposes. A person who violates this section is guilty of a Class 1 misdemeanor. Source: SL 2024, ch 194 , § 1.

No person may, except as authorized by law, land a drone on the real or personal property or the waters of a landowner who owns the real property beneath the water body, without the landowner's consent. It is an affirmative defense if the landing was a forced landing or if the la…

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 com…

The operation of a drone, in compliance with federal aviation regulations, in the airspace over this state does not, standing alone, give rise to legal liability under the laws of this state or its political subdivisions. Source: SL 2024, ch 194 , § 4.

Consistent with the provisions of this chapter, a drone may be the instrumentality by which a tort in violation of privacy rights or trespass laws may be committed under federal or state law. Source: SL 2024, ch 194 , § 5.