Drone Laws in South Dakota: Privacy Rules, State Parks, and Where to Fly (2026)

South Dakota stands out for keeping drone regulation simple. The state explicitly exempts drones from state aircraft registration, allows recreational flying in state parks without fees, and defers to the FAA on most operational rules. The main areas where state law adds restrictions are privacy, private property, and correctional facilities.

Every FAA rule applies in South Dakota as the regulatory baseline. The state does not add its own registration or pilot licensing requirements on top of federal ones.

For a full breakdown of federal costs, see our drone license cost guide. For airspace restrictions, check the drone no-fly zones guide.

South Dakota has a focused set of drone-specific statutes under SDCL Chapter 50-15, plus amendments to the trespass code. The state keeps things straightforward compared to many others, but the privacy and property provisions carry real teeth.

The private property landing ban

SDCL 22-21-1(4) makes it a Class 1 misdemeanor to land a drone on the lands or waters of another resident without the owner's consent. The only exception is a forced landing, such as a low-battery emergency or signal loss. If your drone touches down on someone else's property for any other reason, you could face up to a year in jail and a $2,000 fine. The drone owner or lessee is also liable for any property damage caused by the landing.

This is one of the few states that explicitly criminalizes drone landings on private property. Most states address overflight or surveillance, but South Dakota went further by addressing the physical contact between your drone and someone else's land.

The commercial carve-out in the privacy law

South Dakota's privacy statute (SDCL 22-21-1) includes a notable exception that benefits working pilots. Commercial and agricultural drone operators flying under FAA authorization are exempt from the surveillance prohibition, as long as any recording of people is unintentional or incidental. This means a real estate photographer flying a mapping mission does not need to worry about accidentally capturing a neighbor in their yard. The exemption also covers emergency management workers and government operators acting in their official capacity.

This carve-out is relatively rare among state drone privacy laws. Many states make no distinction between recreational and commercial operators when it comes to surveillance restrictions.

Enforcement: The Mount Rushmore drone incident

In September 2013, a drone operator flew an unmanned aircraft over 1,500 visitors seated in the amphitheater at Mount Rushmore National Memorial, then flew the drone over the carved presidential faces. NPS rangers confiscated the aircraft. This incident became a primary catalyst for the National Park Service issuing Policy Memorandum 14-05 in June 2014, which banned drones across all 400+ NPS units nationwide. One flight in South Dakota changed drone policy for the entire national park system.

For more on privacy law, see our drone spying laws guide and flying over private property guide.

South Dakota's mix of national parks, BLM grasslands, and state parks creates a varied landscape for drone pilots. The good news: state parks are unusually permissive compared to most states.

Deadwood's unique no-fly zone

Deadwood's City Commission unanimously approved a drone no-fly zone covering the entire National Historic Landmark District (all of downtown Main Street). The ordinance also covers school zones, cemeteries, hospitals, large gatherings, and water storage facilities. Photographers and promoters can apply for permits 45 days in advance. Violations carry a Class 2 misdemeanor penalty: $120 to $500 fine per offense, up to 30 days in jail.

This ordinance was motivated by an incident where a drone hovered over an audience at a Deadwood event. It is worth noting that local airspace regulation faces legal challenges regarding FAA preemption, so the enforceability of this ordinance may evolve.

BLM land as a national park alternative

Buffalo Gap National Grassland sits adjacent to Badlands National Park and is managed by the BLM rather than NPS. Drones are generally allowed on BLM land following standard FAA rules. For pilots visiting the Badlands area, this is the best alternative for capturing aerial footage of similar terrain without risking a federal citation.

For more on airspace rules, see our guides on drone no-fly zones and where you can fly a drone.

Commercial drone operations in South Dakota follow the standard FAA Part 107 framework with minimal state-level additions. The state does not require a separate business license or state certification for drone work.

Part 107 basics

The Part 107 test costs $175 and covers 60 multiple-choice questions on airspace, weather, and regulations. The certificate is valid for 24 months before requiring a recurrent knowledge test. South Dakota has PSI testing centers in Sioux Falls, Rapid City, and several smaller cities. Availability is generally good with same-week scheduling possible.

State parks commercial permit

The one state-specific requirement: commercial filming or photography on Game, Fish and Parks (GFP) state park land requires a commercial use permit from the department. This applies to real estate videographers shooting near park boundaries, content creators filming for monetized channels, and any operator being paid for footage captured on GFP property. Recreational flying in state parks remains free.

South Dakota-specific opportunities

The state's landscape and industries create several commercial niches for drone pilots:

• Agricultural monitoring across the state's 29 million acres of farmland (corn, soybeans, wheat)
• Livestock management and herd monitoring on large ranching operations
• Real estate photography in Sioux Falls and Rapid City markets
• Tourism and promotional content for Black Hills attractions
• Infrastructure inspection along rural roads, bridges, and transmission lines
• Mining site surveys in the western part of the state

For a full guide on getting started, see our how to start a drone business guide and drone pilot salary guide.