South Dakota Drone Laws: Privacy, Trespass, and Prison Rules

South Dakota bans using a drone to spy on someone in a private place, land one on private property without consent, or fly over a prison or military facility, all under SDCL Chapter 50-15. Wildlife officials also say the state's aircraft-hunting ban already reaches drones.

Jurisdiction scope: This article addresses South Dakota law governing private and law-enforcement drone use under SDCL 50-15-2 through 50-15-13 and SDCL 41-8-39. It does not address FAA registration, Remote ID, or Part 107 pilot certification, which apply the same way nationwide regardless of state law.

Federal Airspace Rules vs. South Dakota State Law

The FAA controls where a drone may fly nationwide: altitude limits, pilot certification under 14 CFR Part 107 for commercial and government operators, the recreational-flyer exception at 49 U.S.C. Section 44809, and Remote ID broadcast requirements. That federal structure does not answer whether a South Dakota neighbor can legally record you with a drone, or whether police need a warrant to fly one over your yard. South Dakota answers those questions with one of the more detailed dedicated drone chapters in the country, SDCL Title 50, Chapter 15, which covers privacy, trespass, takeoff and landing, and prison and military facility buffers in a single, purpose-built set of statutes.

Can a Private Citizen Legally Fly a Drone Over Your Property in South Dakota?

South Dakota directly criminalizes drone-based spying. SDCL 50-15-5 makes it a Class 1 misdemeanor for a person to intentionally use a drone to photograph, record, or otherwise observe another person in a private place where that person has a reasonable expectation of privacy, unless the observation is authorized by law. A Class 1 misdemeanor in South Dakota carries up to one year in county jail and a $2,000 fine. The statute exempts law enforcement officers, and people acting under an officer's direction, while performing lawful duties, and separately exempts a drone operator conducting a bona fide business or government purpose who only unintentionally or incidentally photographs, records, or observes another person in a private place, meaning the statute targets intentional surveillance rather than incidental overflight.

South Dakota also directly addresses the more common nuisance scenario of a drone actually touching down on someone's land. SDCL 50-15-6 makes it a Class 1 misdemeanor to land a drone, without the landowner's consent, on the real or personal property of another, or on the waters of a landowner who owns the real property beneath the water body. The statute gives the operator an affirmative defense in two situations: if the landing was a forced landing, or if the landing was caused by a technical malfunction. In either case, the operator remains liable for any damage resulting from the landing.

A third offense sits alongside those two. SDCL 50-15-5.1 makes it a Class 1 misdemeanor to intentionally or willfully operate a drone in a careless manner that endangers persons or property, or to operate one for voyeuristic or harassment purposes. That provision reaches conduct the private-place ban does not, because it does not require that the target be inside a private place or that any image actually be captured. Repeatedly hovering a drone over a neighbor to harass them, or flying one recklessly enough to endanger people below, can violate Section 50-15-5.1 on its own.

Criminal charges are not the only route. SDCL 50-15-9 provides that a drone may be the instrumentality by which a tort in violation of privacy rights or trespass laws is committed under federal or state law, which preserves an ordinary civil suit for damages alongside the criminal misdemeanor. Together, these provisions give South Dakota residents a more direct statutory path than many states, where a drone dispute has to be shoehorned into ordinary trespass or intrusion-upon-seclusion doctrine.

Does South Dakota Police Need a Warrant to Fly a Drone Over Your Property?

South Dakota has not enacted a standalone law-enforcement drone-warrant statute comparable to Minnesota's or Illinois's. Instead, SDCL 50-15-5's private-place surveillance ban simply exempts "a law enforcement officer, or a person acting under the direction of a law enforcement officer," while engaged in lawful duties, rather than imposing an affirmative warrant requirement. That means a South Dakota resident cannot point to a drone-specific statutory warrant floor the way a Minnesota or Illinois resident can; whether a particular warrantless police drone flight was lawful instead defaults to ordinary Fourth Amendment and South Dakota constitutional search-and-seizure case law, including whether the area observed was within a home's protected curtilage.

That does not mean South Dakota law enforcement drone use never shows up in the news for other reasons. In July 2025, a Pennington County deputy used a drone to locate a fleeing aggravated-assault suspect hiding in a ravine near Rapid City, letting officers move in and make the arrest, the kind of lawful-duty use SDCL 50-15-5 exempts from its surveillance ban.

Prison, Military, and Contraband Rules Under SDCL 50-15

South Dakota treats correctional and military facilities as a separate, more serious category. SDCL 50-15-3 makes it a Class 6 felony to operate a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or military facility unless the facility's administrator has expressly authorized it. SDCL 50-15-4 makes a further degree of misuse of that access a felony too: using a drone to deliver contraband or a controlled substance to a correctional facility is a Class 6 felony, South Dakota's lowest felony class, carrying up to two years in the state penitentiary and a $4,000 fine, in addition to the penalty for the principal offense.

Section 50-15-3 is not purely a prohibition. As amended in 2026, it also provides that law enforcement officers may use mitigation techniques and countermeasures, authorized in accordance with SDCL 50-15-3.1, in response to a violation. That companion section lets the South Dakota Department of Public Safety promulgate rules identifying the nature and scope of the mitigation techniques and drone countermeasures that may be used, and develop and implement a training program for officers in selecting and using them. The counter-drone authority runs to law enforcement operating under those rules, not to a private facility or a private landowner.

Where You Can Take Off and Land in South Dakota

SDCL 50-15-11 restricts where a flight can begin and end. Takeoff or landing within a controlled-access facility, as that term is defined in SDCL 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 it is performed carelessly or in a manner causing endangerment to any person or property. A violation of either rule is a Class 1 misdemeanor. In practice, controlled-access corridors such as the interstate are off limits as launch points for a private operator, while an ordinary road right-of-way pull-off is not categorically banned but becomes an offense if the launch is careless or puts people or property at risk.

SDCL 50-15-12 carves out several situations the chapter does not reach, including a takeoff or landing that a private or public entity deems reasonable or necessary for emergency or maintenance support functions, an FAA-compliant landing the operator deems necessary in the event of a forced landing or technical malfunction, and takeoffs and landings by sworn public safety officers or other emergency personnel, or by federal operators and their contractors, performing assigned duties.

Local rules are limited but not eliminated. SDCL 50-15-7 bars the state and its political subdivisions from enacting or enforcing ordinances on drone ownership, operation, design, manufacture, testing, maintenance, licensing, registration, certification, or equipment; on airspace, altitude, or flight-path restrictions; or on the qualifications, training, or certification of a pilot, operator, or observer, except as the title specifically allows. SDCL 50-15-10 then expressly permits a political subdivision to enact and enforce ordinances relating to drone operation within its jurisdiction that are consistent with federal and state law, and to adopt ordinances covering drones it owns or operates itself. Any ordinance that violates Section 50-15-10, whether adopted before or after that statute's enactment, is null. Checking city or county rules before flying in a South Dakota municipality is therefore still worthwhile.

Hunting and Wildlife: Does South Dakota's Aircraft Ban Cover Drones?

South Dakota's dedicated drone chapter does not itself address hunting, but a separate, older statute likely already does. SDCL 41-8-39 restricts the use of aircraft in hunting, with limited exceptions, and is enforced as a misdemeanor. South Dakota Game, Fish and Parks has publicly stated, after consulting with agency counsel, that this pre-drone statute is written broadly enough to already reach unmanned aircraft, meaning the department treats using a drone to spot, herd, or drive game for a hunter as a violation of the existing aircraft-hunting ban outside a narrow exception the statute itself provides: the ban does not apply to using a drone to locate or spot a predator or varmint if the activity occurs only on privately owned land, the person operating the drone is the landowner or has the landowner's or a lessee's permission, the activity does not occur during September, October, or November, and the drone is operated in full compliance with FAA regulations. Separately, SDCL 41-1-8 makes it a misdemeanor to intentionally interfere with or harass someone engaged in lawful hunting or fishing, a provision that does not mention drones by name but has been applied elsewhere to drone-based hunter harassment.

Can You Shoot Down a Drone Over Your Property in South Dakota?

No. Every drone is legally an "aircraft" under federal law, and 18 U.S.C. Section 32, the Aircraft Sabotage Act, makes willfully damaging, destroying, or disabling one a federal felony punishable by up to 20 years in prison, regardless of whose property it is flying over. The FAA has stated since 2016 that it, not the individual landowner, controls the national airspace. Nothing in SDCL Chapter 50-15, including the private-place surveillance ban and the landing-without-consent statute, authorizes a landowner to disable or shoot down a drone as a form of self-help; a South Dakota resident whose privacy is violated has statutory misdemeanor claims available under Sections 50-15-5 and 50-15-5.1, and the civil tort avenue preserved by Section 50-15-9, not a right to use force against the aircraft itself.

South Dakota Drone Rules at a Glance

Watch out: SDCL 50-15-5's private-place surveillance ban requires intentional observation of a person, not merely flying over land. A drone that incidentally captures a neighbor's yard while surveying a different property for a bona fide business or government purpose falls outside that statute. But Section 50-15-5.1 is written more broadly, reaching careless operation that endangers people or property and operation for voyeuristic or harassment purposes without any private-place element, so conduct that escapes Section 50-15-5 can still be charged.

This guide is part of our Drone Laws by State series; for the broader rules on recording and surveillance across South Dakota, see our surveillance camera laws guide.

More South Dakota Laws

• South Dakota Data Privacy Laws
• South Dakota GPS Tracking Laws
• South Dakota Police Bodycam Laws
• South Dakota Recording Laws
• South Dakota Smart Glasses Recording Laws

Frequently Asked Questions

Does South Dakota have a drone privacy law?

Yes. SDCL 50-15-5 makes it a Class 1 misdemeanor to intentionally use a drone to photograph, record, or otherwise observe another person in a private place where they have a reasonable expectation of privacy, punishable by up to a year in jail and a $2,000 fine. SDCL 50-15-5.1 separately makes operating a drone for voyeuristic or harassment purposes a Class 1 misdemeanor, and SDCL 50-15-9 confirms a drone can be the instrumentality of a civil privacy or trespass tort.

Can someone land a drone on my property in South Dakota without permission?

No. SDCL 50-15-6 makes it a Class 1 misdemeanor to land a drone, without consent, on another person's real or personal property, or on the waters of a landowner who owns the real property beneath the water body. It is an affirmative defense if the landing was a forced landing or was caused by a technical malfunction, but in either case the operator remains liable for any resulting damage.

Can I launch a drone from the side of a South Dakota highway?

It depends on the road. SDCL 50-15-11 prohibits drone takeoff or landing within a controlled-access facility, as defined in SDCL 31-8-1, except by a state agency or state agent. On any other public highway right-of-way, takeoff and landing are prohibited only if performed carelessly or in a manner endangering any person or property. A violation is a Class 1 misdemeanor.

Can South Dakota cities pass their own drone ordinances?

Partly. SDCL 50-15-7 bars the state and its political subdivisions from regulating drone registration, licensing, equipment, airspace and flight paths, or pilot certification. But SDCL 50-15-10 expressly allows a political subdivision to enact and enforce drone ordinances that are consistent with federal and state law, and to regulate drones it owns or operates. An ordinance that goes beyond what Section 50-15-10 permits is null.

Can I fly a drone over a South Dakota prison?

Not without authorization. SDCL 50-15-3 makes it a Class 6 felony to fly over a prison, correctional facility, jail, juvenile detention facility, or military facility without the administrator's authorization, and it allows law enforcement to use mitigation techniques and countermeasures authorized under SDCL 50-15-3.1 in response. Drone delivery of contraband to a correctional facility is a separate Class 6 felony under SDCL 50-15-4.

Does South Dakota police need a warrant to fly a drone over my property?

South Dakota has no standalone law-enforcement drone-warrant statute. SDCL 50-15-5 exempts officers performing lawful duties from its surveillance ban, but does not itself require a warrant; a specific warrantless flight's lawfulness is governed by ordinary Fourth Amendment case law.

Is it legal to use a drone to scout deer or other game in South Dakota?

South Dakota Game, Fish and Parks says the existing aircraft-hunting statute, SDCL 41-8-39, already applies to drones. The statute itself allows a narrow exception for using a drone to locate or spot a predator or varmint on privately owned land, with the landowner's or a lessee's permission, outside September, October, and November, and in full FAA compliance; outside that exception, using a drone to spot, herd, or drive game for a hunt is treated as a violation.

Is it legal to shoot down a drone flying over my South Dakota property?

No. Damaging or destroying any drone is a federal felony under 18 U.S.C. Section 32 regardless of the state, because the FAA controls the national airspace. South Dakota's own drone statutes create no landowner right to disable one.

What is a Class 1 misdemeanor in South Dakota?

South Dakota's most serious misdemeanor, carrying up to one year in county jail, a fine up to $2,000, or both. Private-place drone surveillance under SDCL 50-15-5, voyeuristic or careless operation under SDCL 50-15-5.1, unauthorized drone landing under SDCL 50-15-6, and prohibited takeoff or landing under SDCL 50-15-11 are all Class 1 misdemeanors, but flying a drone over a correctional or military facility is graded higher, as a Class 6 felony under SDCL 50-15-3.