Title 50, AVIATION

Terms as used in this title mean: (1) "Air traffic control," a service operated by an authority under Federal Aviation Administration oversight to promote the safe, orderly, and expeditious flow of air traffic in the United States; (2) "Aircraft," a device that is used, intended …

The commission consists of seven persons appointed by the Governor who shall receive the per diem set by § 4-7-10.4 for the time actually spent in the performance of their official duties, together with traveling expenses set by rule of the Board of Finance. At least four members…

The commission shall continue within the department, and all its functions shall be performed by the department as provided by § 1-44-11 . The commission shall provide advice and expertise to a state agency regarding the purchase, transfer and disposition of state owned and opera…

The commission shall approve the expenditure and disbursement of grants or funds appropriated and available for matching purposes, and for the planning, construction, development, operation, and maintenance of airport facilities. The commission may also approve expenditures from …

The commission shall promulgate rules in accordance with chapter 1-26 that are consistent with federal law and regulations governing aeronautics. Source: SDC 1939, § 2.0108; SL 1945, ch 2 ; SL 1949, ch 2 , § 5; SL 1987, ch 29 , § 69; SL 1987, ch 356 , § 12; SL 2010, ch 227 , § 7;…

The commission, when its state aircraft are not being used in the conduct of the necessary activities of the department, may operate the aircraft for other departments of this state. The rate of reimbursement to the department shall be set by the Board of Finance, to fully defray…

The funds received from the other departments of state government by the department shall be deposited in the state treasury in an internal service fund to be designated as the special aviation internal service fund. The department shall use the fund for the maintenance, cost of …

The department shall maintain separate accounting and limit its expenditures from the special aviation internal service fund so as to in no instance use any sum for a purpose other than that for which it has been appropriated. Source: SL 1957, ch 1 , § 2; SDC Supp 1960, § 2.0119;…

A person may appeal an action of the commission in accordance with chapter 1-26 . Source: SL 2020, ch 203 , § 4.

On or before the thirty-first day of December, in each year, the commission shall make, to the Governor, a full report of its proceedings for the year ending the thirtieth day of June preceding and may submit with the report any recommendations pertaining to the commission's affa…

Each person engaged in selling aircraft fuel to retailers or consumers at wholesale, shall, on or before the fifteenth day of each month, file a sworn statement and report with the department, upon forms provided by the department, showing the number of gallons of aircraft fuel s…

The aircraft fuel tax collected on aircraft fuel purchased, imported, received, or distributed for subsequent sale for use in aircraft shall be appropriated and used as provided in § 50-4-14 . Source: SL 1989, ch 117 , § 78; SL 2020, ch 203 , § 6.

The state aeronautics fund and the accumulations to the fund as appropriated by the Legislature may be used for: (1) The construction, development, and maintenance of public airports; (2) The lighting, marking, and maintenance of runways, taxiways, and parking areas of public air…

The funds appropriated by § 50-4-14 may not be construed to be a limitation on moneys expendable by the commission for the purposes therein specified, notwithstanding other and further appropriations from the state general fund for said or similar purposes. Source: SL 1989, ch 11…

The department shall make an allocation of a portion of the aircraft fuel tax collected under §§ 10-47B-1 and 10-47B-4 , to each eligible airport. The allocation rate shall be determined by the commission. The monthly allocation shall be determined by the department from the mont…

The department shall approve vouchers and the state auditor shall issue warrants to expend the funds appropriated by § 50-4-14 . The funds shall be expended as provided in § 50-4-14 . Source: SL 1989, ch 117 , § 82; SL 2010, ch 227 , § 31; SL 2014, ch 222 , § 29.

The department may, out of appropriations and other funds or grants made available, construct, maintain, and operate airports and aviation facilities, and financially assist any county, municipality, or organized township in constructing, maintaining, and operating airports and a…

The department may cooperate with any agency or department of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and aviation facilities in this state. Source: SDC 1939, § 2.0108 as added by SL 1945, ch 2 ; SL 1949, ch 2 , § 5;…

The department may accept and receive federal grants and other funds, either public or private, for and on behalf of the state, any county, or any municipality, for the acquisition, construction, maintenance, and operation of airports and aviation facilities, whether the work is …

The department shall act as an agent of any airport sponsor of this state upon the request of the airport sponsor, in accepting, receiving and receipting for any grants or funds for airports or other aviation purposes, and in contracting for the acquisition, construction, mainten…

Any grant paid by the United States government under § 50-4-4 or 50-4-5 shall be retained by the state or appropriated to the airport sponsor under the terms and conditions imposed by the United States government in making the grant. Source: SDC 1939, § 2.0108 as added by SL 1945…

Any contract for the acquisition, construction, maintenance, and operation of airports or aviation facilities made by the department, either as the agent of this state or as the agent of any airport sponsor, shall be made in accordance with the laws of this state governing the ma…

All grants or funds accepted for disbursement by the department under §§ 50-4-3 to 50-4-7 , inclusive, shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the grants or funds are received, kept in separate funds, designated accor…

Any owner or operator of a public airport shall apply to the commission for approval for the public airport prior to its use. Any owner or operator of a private airport located within six miles of the nearest boundary of any approved public airport shall apply to the commission f…

The approval requirements of § 50-5-1 do not apply to temporary airports used only by aircraft while engaged in providing emergency medical services or other emergency services. Source: SL 2004, ch 287 , § 2; SL 2014, ch 222 , § 30.

The Aeronautics Commission shall promulgate rules, in accordance with chapter 1-26 , establishing requirements for the issuance and maintenance of certificates of approval for airports, as prescribed in this chapter. Source: SL 2025, ch 195 , § 2.

Except as otherwise provided, no person, without the express or implied consent of the owner or operator of any airport which has been approved by the commission for public use by aircraft, may enter, trespass on, or occupy any runway or other portion of the airport which will in…

The commission may issue a certificate of approval pursuant to § 50-5-1 and may set a reasonable charge by rules promulgated pursuant to chapter 1-26 . Source: SDC 1939, § 2.0111; SL 1947, ch 1 , § 6; SL 1949, ch 4 , § 1; SL 2004, ch 287 , § 5; SL 2010, ch 227 , § 33.

If the commission rejects an application for permission to operate or establish an airport or if the commission issues any order requiring certain things to be done, the commission shall set forth its reasons and shall state the requirements to be met before such approval may be …

If the commission deems it necessary, the commission may order the closing of any airport, or order any other aviation facility to cease operations until it complies with the requirements established by the commission. Source: SDC 1939, § 2.0114; SL 2010, ch 227 , § 36; SL 2014, …

The commission or the commission's agent may inspect and examine at reasonable hours, to carry out the provisions of this title, the premises, buildings, and other structures where airports or aviation facilities are operated. Source: SDC 1939, § 2.0114; SL 2010, ch 227 , § 37; S…

A commissioner of an authority shall receive no compensation for his services, but shall be entitled to the necessary expense, including traveling expenses, incurred in the discharge of his duties. Source: SL 1976, ch 303 , § 9.

A regional airport authority may be increased from time to time to serve one or more additional subdivisions if such additional subdivision and each of the subdivisions then included in the regional authority and the commissioners of the regional authority, respectively, adopt a …

A regional airport authority may be decreased if each of the subdivisions then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities; provided t…

When a regional airport authority is increased or decreased pursuant to § 50-6A-11 or 50-6A-12 , it shall forward to the secretary of state a certified copy of each resolution adopted pursuant thereto and upon receipt thereof, the secretary of state shall issue an amended certifi…

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of airports and aviation facilities pursuant to the provisions of this chapter, any subdivision for which an authority has been created may, upon such terms, with or without conside…

A regional airport authority shall have the power: (1) To sue and be sued; to have a seal; and to have perpetual succession; (2) To execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes of this chapter.…

A regional airport authority may plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect airports and aviation facilities, within this state and within any adjoining state, including the acquisition, construction, …

An authority may acquire, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, existing airports and aviation facilities. However an authority may not acquire or take over any airport or aviation facility owned or controlled by another authority, a subdivis…

A regional airport authority shall have the power to establish or acquire and maintain airports in, over, and upon any public waters of this state, any submerged lands under such public waters; and to construct and maintain terminal buildings, landing floats, causeways, roadways,…

In the acquisition of property by eminent domain proceedings authorized by this chapter, an airport authority shall proceed in the manner provided by chapter 21-35 , and such other laws that may now or hereafter apply to the state or to political subdivisions of this state in exe…

Any subdivision may by resolution, create a public body, corporate and politic, to be known as a regional airport authority. That authority shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. Source: SL 1976…

Notwithstanding the provisions of any other statute or other law of this state, a regional airport authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of such proceedings. The authority shall not be preclud…

A regional airport authority shall have the power to establish comprehensive airport zoning regulations in accordance with the laws of this state. For the purpose of this chapter, a regional airport authority shall have the same powers as all other political subdivisions in the a…

Nothing contained in this chapter shall be construed to limit any right, power, or authority of a subdivision to regulate airport hazards by zoning. Source: SL 1976, ch 303 , § 35.

An authority shall have all the powers necessary or convenient to carry out the purposes of this chapter including the power to certify, annually to the governing bodies creating it, the amount of financial support requested from said governing bodies for airport purposes. Each s…

In counties or municipalities supporting airport authorities, a levy in addition to all other levies permitted by law, not to exceed two dollars and forty cents per thousand dollars of taxable valuation of property in such county or municipality, may be made for such purposes, bu…

The proceeds of taxes for support of an airport authority when and as paid to the airport authority shall be deposited in a special account or accounts in which other revenues of the authority are deposited and may be expended by the authority as provided for in this chapter. Sou…

Prior to the issuance of bonds under § 50-6A-29 the airport authority may by resolution covenant and agree that the total amount of such taxes then authorized by law, or such portion thereof as may be specified by the resolution, will be certified, levied and deposited annually a…

An authority is authorized to accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this chapter. All federal moneys acce…