Yes, flying drones over private property in South Dakota is legal under federal and state frameworks, but strict operational and privacy constraints apply. The FAA governs airspace rules, while South Dakota’s 2023 privacy statute (SB 193) imposes additional restrictions on surveillance and data collection over private land. Local municipalities, such as Sioux Falls and Rapid City, may enforce supplementary ordinances, particularly near sensitive areas like schools or critical infrastructure.
Key Regulations for Flying Drones Over Private Property in South Dakota
- FAA Part 107 Compliance: Operators must hold a Remote Pilot Certificate for commercial flights, adhere to altitude limits (400 ft AGL), and avoid restricted airspace (e.g., near Sioux Falls Regional Airport). Recreational flyers must follow the FAA’s Recreational UAS Safety Test and notify airports within 5 NM.
- Privacy Protections (SB 193): Capturing images or data over private property without consent violates privacy rights if the footage reveals intimate details (e.g., inside homes or fenced yards). Violations may trigger civil penalties up to $10,000 per incident.
- Local Ordinances: Cities like Aberdeen and Brookings prohibit drone flights over parks or public events without permits. Some counties require permits for commercial operations near agricultural land to prevent trespassing claims.
Violations of these rules may result in FAA enforcement actions (e.g., fines or license suspension) or state-level litigation under SB 193. Operators should consult the South Dakota Department of Transportation’s UAS Program for 2026 updates, including proposed drone corridor expansions near the Black Hills.