reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 06A - Regional Airport Authorities › Section 50-6A-47 - Approval required for costs in excess of agreement or budget.

50-6A-47. Approval required for costs in excess of agreement or budget.
No airport, airport facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed therefor by the joint agreement or allotted in the annual budget, may be acquired, established, or developed by the joint board without the approval of the governing bodies of its constituent public agencies.
Source:
SL 1976, ch 303, §28; SL 2018, ch 269, §22.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 06A - Regional Airport Authorities › Section 50-6A-48 - Eminent domain proceedings by joint board--Public agency approval required--Property held as tenants in common.

50-6A-48. Eminent domain proceedings by joint board--Public agency approval required--Property held as tenants in common.
Eminent domain proceedings under §§50-6A-42 to 50-6A-45, inclusive, may be instituted by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by said public agencies as tenants in common.
Source:
SL 1976, ch 303, §28.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 06A - Regional Airport Authorities › Section 50-6A-49 - Resolutions, rules, regulations and orders of joint board concerning contracts and leases--Public agency approval required--Force and effect.

50-6A-49. Resolutions, rules, regulations and orders of joint board concerning contracts and leases--Public agency approval required--Force and effect.
Any resolutions, rules, regulations, or orders of the joint board dealing with subjects authorized by §§50-6A-38 and 50-6A-39 shall become effective only upon approval of the governing bodies of the constituent public agencies; provided that upon such approval, the resolutions, rules, regulations, or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations, or orders of each public agency would have in its own territory or jurisdiction.
Source:
SL 1976, ch 303, §28.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 06A - Regional Airport Authorities › Section 50-6A-50 - Joint fund created for joint board.

50-6A-50. Joint fund created for joint board.
For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out the provisions of §§50-6A-42 to 50-6A-51, inclusive, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Any federal, state, or other grants, contributions, or loans, and the revenues obtained from the joint ownership, control, and operation of any airport or airport facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in §§50-6A-46 to 50-6A-51, inclusive.
Source:
SL 1976, ch 303, §29; SL 2018, ch 269, §23.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 06A - Regional Airport Authorities › Section 50-6A-51 - Disposal of airports or property by joint board.

50-6A-51. Disposal of airports or property by joint board.
The joint board may not dispose of any airport, airport facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies, provided that the joint board may, without such consent, enter into contracts, leases, or other arrangements contemplated by §§50-6A-38 and 50-6A-39.
Source:
SL 1976, ch 303, §28; SL 2018, ch 269, §24.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 06A - Regional Airport Authorities › Section 50-6A-52 - Airport acquisitions and development declared public purpose and necessity.

50-6A-52. Airport acquisitions and development declared public purpose and necessity.
The acquisition of any land, or interest therein, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of airports and airport facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers herein granted to authorities and other public agencies, to be severally or jointly exercised, are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
Source:
SL 1976, ch 303, §30; SL 2018, ch 269, §25.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 06A - Regional Airport Authorities › Section 50-6A-53 - Tax exemption of airport property and income.

50-6A-53. Tax exemption of airport property and income.
Any property in this state acquired by an authority for airport purposes pursuant to the provisions of this chapter, and any income derived by the authority from the ownership, operation, or control thereof, shall be exempt from taxation to the same extent as other property used for public purpose.
Source:
SL 1976, ch 303, §31.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 06A - Regional Airport Authorities › Section 50-6A-54 - Severability of provisions.

50-6A-54. Severability of provisions.
If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Source:
SL 1976, ch 303, §37.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-1 - Municipalities includes organized townships and counties.

50-7-1. Municipalities includes organized townships and counties.
For the purposes of this chapter, the term, municipalities, includes organized townships and organized counties, with any power and authority to be conferred upon organized townships and organized counties as is conferred upon municipalities.
Source:
SDC 1939, §2.0206 as enacted by SL 1949, ch 5; SL 1951, ch 2; SL 2014, ch 222, §42; SL 2019, ch 203, §18.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-2 - County commissioners and municipalities--Airports--Powers and jurisdiction--Airport boards.

50-7-2. County commissioners and municipalities--Airports--Powers and jurisdiction--Airport boards.
The board of county commissioners of any county in this state may acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and regulate airports for the use of aircraft within the limits of the county, and may use for any such purpose any real property suitable therefor owned or controlled by the county. Each municipality has the same power and jurisdiction except that a municipality may exercise the power either within or without the corporate limits of the municipality. The governing boards of a county or a municipality may create an airport board by resolution.
Source:
SDC 1939, §2.0201; SL 1939, ch 1; SL 1941, ch 1; SL 1945, ch 3; SL 1945, ch 4; SL 1947, ch 2; SL 1961, ch 1; SL 1992, ch 60, §2; SL 2014, ch 222, §43; SL 2020, ch 203, § 7.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-3 - Lease of airport to private operator--Liability for negligent maintenance of airport.

50-7-3. Lease of airport to private operator--Liability for negligent maintenance of airport.
Any governmental agency may lease an airport or any portion of an airport or any airport facility for operating purposes to any person or corporation upon terms and conditions for a term of not to exceed fifty years as the governing body may approve. No governmental agency nor the governing agency is liable for the negligent maintenance or operation of any airport building, or other facility leased to an operator or erected by an operator upon a leased site.
Source:
SDC 1939, §2.0201 as added by SL 1939, ch 1; SL 1941, ch 1; SL 1945, ch 3; SL 1945, ch 4; SL 1947, ch 2; SL 1961, ch 1; SL 1992, ch 60, §2; SL 2014, ch 222, §45; SL 2015, ch 238, §1.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-4 - Acquisition of airport lands as public purpose--Procedure for condemnation--Exchange of lands.

50-7-4. Acquisition of airport lands as public purpose--Procedure for condemnation--Exchange of lands.
Any lands acquired, owned, controlled, or occupied by a governmental agency for the purposes enumerated in §50-7-3 shall and are hereby declared to be acquired, owned, controlled, and occupied for a public purpose and as a matter of public necessity. The governmental agency has the right to acquire public or private real property for such purposes by purchase from the owner if agreement on the terms can be made and if not by condemnation in the manner provided by law under which the governmental agency is authorized to acquire real property for public purposes. If there be no such law, in the manner provided generally for the condemnation of property for public use, the governmental agency has the right to exchange lands owned by the governmental agency for other lands of like character and value within the county or an abutting county whether privately owned or owned by the United States, the State of South Dakota, or any of its political subdivisions. The exchange shall be authorized by resolution of the governing body directing the execution of the necessary conveyance or conveyances. Any conveyance shall be signed by the presiding officer of the governing body and attested by the auditor or clerk.
Source:
SDC 1939, §2.0201; SL 1939, ch 1; SL 1941, ch 1; SL 1945, ch 3; SL 1945, ch 4; SL 1947, ch 2; SL 1964, ch 1; SL 1992, ch 60, §2; SL 2014, ch 222, §46.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-5 - Joint operation of airport by public bodies--Purchase of interest in airport--Creation of airport boards.

50-7-5. Joint operation of airport by public bodies--Purchase of interest in airport--Creation of airport boards.
Any power granted by this chapter to counties and municipalities may be exercised jointly by the county and municipalities located in the county or abutting county. In the case of any existing airport owned by a municipality, the county in which the municipality is located, or an abutting county, may purchase from the municipality an interest in the airport. In the case of any airport operated by a county, a municipality in the county or abutting county may purchase from the county an interest in the airport and may appropriate money and do all other things necessary to share in the operation expense as if the airport was owned and operated solely by the county or municipality. In case of a jointly owned and operated airport the management of the airport shall be in accordance with regulations adopted by the governing boards of the county and municipality not inconsistent with other provisions of this chapter, and the governing boards of the county and municipality may by resolutions of their respective governing bodies create an airport board.
Source:
SDC 1939, §2.0201 as added by SL 1939, ch 1; SL 1941, ch 1; SL 1945, ch 3; SL 1945, ch 4; SL 1947, ch 2; SL 1959, ch 1; SL 1964, ch 1; SL 1985, ch 77, §31; SL 1992, ch 60, §2; SL 2014, ch 222, §47.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-6 - Acquisition of land for county airport.

50-7-6. Acquisition of land for county airport.
The board of county commissioners may appropriate money for the purpose of paying the purchase price or award for real property acquired or to be acquired for an airport or landing field, and to pay therefor, wholly or partly by such appropriation.
Source:
SDC 1939, §2.0202; SL 1970, ch 263, §1; SL 1985, ch 77, §32.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-7 - Statement of intention to establish airport--Protest by voters--Submission to vote.

50-7-7. Statement of intention to establish airport--Protest by voters--Submission to vote.
If the question of establishing a county airport has not previously been approved by a majority vote of the voters at an election at which the question was submitted, then any county desiring to establish and construct an airport shall state in the next published report of the county's proceedings the county's intention to establish and construct the airport stating the maximum amount which might be required to do so. If within sixty days from the publication a protest signed by fifteen percent of the voters of the county voting at the last general election for Governor be filed with the county commissioners, then no action may be taken until the question has been submitted to a vote of the people and sixty percent of those voting shall vote in favor thereof. The question to be so submitted shall be, "Shall the county expend an amount not to exceed $________ to establish and construct an airport?"
Source:
SDC 1939, §2.0202; SL 1970, ch 263, §2; SL 2014, ch 222, §48; SL 2020, ch 203, § 8.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-8 - Authority of municipalities to acquire airport--Raising funds for airport--Authorization, issuance and sale of bonds.

50-7-8. Authority of municipalities to acquire airport--Raising funds for airport--Authorization, issuance and sale of bonds.
The governing body of any municipality may appropriate money, levy a tax or issue the bonds of the municipality to pay the purchase price or award for real property acquired, or to be acquired, for an airport or landing field, and to pay for it, wholly or partly, by an appropriation, tax levy or the proceeds of the bond issue. All bonds shall be authorized, issued and sold as provided in chapter 6-8B.
Source:
SDC 1939, §2.0203; SL 1984, ch 43, §125; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-9 - Annual appropriations for airports--Taxation.

50-7-9. Annual appropriations for airports--Taxation.
The governing body of a municipality to which this chapter is applicable having power to appropriate money therein may annually appropriate and cause to be raised by taxation in such municipality a sum sufficient to carry out the provisions of this chapter. A county shall appropriate from the county general fund for the purposes of this chapter.
Source:
SDC 1939, §2.0204; SL 1945, ch 5; SL 1985, ch 77, §33; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-10 - Airport sponsors--Powers--Federal grants--Agreements.

50-7-10. Airport sponsors--Powers--Federal grants--Agreements.
The airport sponsor may designate the department as the airport sponsor's agent to accept, receive, and receipt for federal grants in the body's behalf for airport purposes, and to contract for the planning, construction, and maintenance of aviation facilities. The airport sponsor may enter into an agreement with the department prescribing the terms and conditions of the agency under this section. The federal grants shall be paid to the airport sponsor under the terms and conditions imposed by the United States government in making the grant.
Source:
SDC 1939, §2.0204 as added by SL 1945, ch 5; SL 1997, ch 16, §14; SL 2014, ch 222, §49; SL 2018, ch 269, §28; SL 2019, ch 203, §21; SL 2020, ch 203, § 9.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-11 - Airport contracts subject to contract laws.

50-7-11. Airport contracts subject to contract laws.
Any contract for the planning, construction, and maintenance of any aviation facility, made by the airport sponsor, or through the agency of the department, shall be made in accordance with the laws of this state governing the making of contracts.
Source:
SDC 1939, §2.0204 as added by SL 1945, ch 5; SL 2014, ch 222, §50; SL 2018, ch 269, §29; SL 2019, ch 203, §22.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-12 - Planning, construction, and maintenance of airport--Leasing and subleasing--Expenses.

50-7-12. Planning, construction, and maintenance of airport--Leasing and subleasing--Expenses.
The airport sponsor that has established an airport and acquired, leased, or set apart real property for purposes of an airport may plan, construct, and maintain the airport, and may lease or sublet the property for airport purposes. The expenses of the planning, construction, and maintenance shall be charged to the appropriate airport sponsor.
Source:
SDC 1939, §2.0205; SL 1945, ch 6; SL 1992, ch 60, §2; SL 2014, ch 222, §51; SL 2019, ch 203, §23.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-13 - Administration of existing airports--Creation of airport board.

50-7-13. Administration of existing airports--Creation of airport board.
The airport sponsor that has established an airport and acquired, leased, or set apart real property for purposes of an airport may vest jurisdiction for the planning, construction, maintenance, and operation of the airport, in any suitable officer, board, or body of the airport sponsor. The airport sponsor, if a county or municipality, may create by ordinance a board whose sole purpose shall be to improve, regulate, and supervise the operation and management of airport facilities.
Source:
SDC 1939, §2.0205; SL 1945, ch 6; SL 1992, ch 60, §2; SL 2014, ch 222, §52; SL 2019, ch 203, §24.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-14 - Charges for use of airport--Approval of governing body.

50-7-14. Charges for use of airport--Approval of governing body.
The governmental agency may adopt regulations and establish charges for the use of such airport, or may authorize an officer, board, or body of the governmental agency having jurisdiction to adopt regulations and establish charges, subject, however, to the approval of the governing body before the regulations or charges take effect.
Source:
SDC 1939, §2.0205; SL 1945, ch 6; SL 1992, ch 60, §2; SL 2014, ch 222, §53.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-15 - Cooperative agreements--Airport improvements--Reimbursement.

50-7-15. Cooperative agreements--Airport improvements--Reimbursement.
The department, on behalf of the commission, may enter into cooperative agreements with the governing body of a governmental agency, whereby, the initial expenditures for making authorized airport improvements may be paid from any state aeronautics fund moneys that may be available to the commission and the governmental agency's share of the expenditure may be reimbursed to the commission over a period of three years. The reimbursements shall be paid into the state aeronautics fund and used for airport improvement purposes. Any governmental agency may enter into a cooperative financing agreement upon the adoption of a resolution authorizing the governing body to enter into the agreement.
Source:
SL 1966, ch 4; SL 1992, ch 60, §2; SL 1997, ch 16, §15; SL 2014, ch 222, §54; SL 2020, ch 203, § 10.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-16 - Interest on amounts to be reimbursed.

50-7-16. Interest on amounts to be reimbursed.
The commission shall charge a governmental agency simple interest at the Category A rate of interest established in §54-3-16 on the amount of money subject to reimbursement under §50-7-15 from the date of the expenditure to the date of payment.
Source:
SL 1966, ch 4; SL 1992, ch 60, §2; SL 1997, ch 16, §16; SL 1997, ch 269, §1; SL 2014, ch 222, §55.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-17 - Airport system expansion and improvement--Project applications--Prior approval--Federal funds--Requirements.

50-7-17. Airport system expansion and improvement--Project applications--Prior approval--Federal funds--Requirements.
No governmental agency in this state, whether acting alone or jointly with another governmental agency, may submit to the Federal Aviation Administration any project application under the provisions of any act of Congress which provides airport planning, construction, and development funds or other funds for the expansion and improvement of the airport system as the act shall pertain to the State of South Dakota, unless the project application has been first approved by the department. No governmental agency may directly receive or disburse any funds granted by the United States under the act, but the governmental agency shall designate the department as its agent to receive and disburse the funds. The governmental agency shall enter into an agreement with the department prescribing the terms and conditions of the agency in accordance with federal laws and regulations and applicable laws of this state. The moneys paid over by the United States government shall be retained by the state or paid over to the governmental agency under such terms and conditions as may be imposed by the United States government making the grant.
Source:
SL 1947, ch 4; SDC Supp 1960, §2.0207; SL 1971, ch 263; SL 1972, ch 252, §§1, 2; SL 1997, ch 16, §17; SL 2014, ch 222, §56; SL 2020, ch 203, § 11.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-18 - Indemnification agreements--Lands subject to mineral rights or oil and gas leases.

50-7-18. Indemnification agreements--Lands subject to mineral rights or oil and gas leases.
The department may in cases where federal funds are channeled through the department, pursuant to the provisions of §50-7-17, enter into contracts and agreements binding on this state with the administrator of the Federal Aviation Administration to indemnify the United States for federal funds contributed to the State of South Dakota, or any governmental agency, used for the purchase of land as the site of a public airport or for the construction of airport improvements on the airport within this state where the title to the land is subject to mineral rights or oil and gas leases, the release or subordination of which is determined by the administrator of the Federal Aviation Administration not to be practicable.
Source:
SL 1953, ch 5, §1; SDC Supp 1960, §2.0208; SL 1997, ch 16, §18; SL 2014, ch 222, §57; SL 2020, ch 203, § 12.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 07 - Publicly Owned Airports › Section 50-7-19 - Indemnification agreements--Limitations.

50-7-19. Indemnification agreements--Limitations.
The indemnifying agreements authorized in §§50-7-17 and 50-7-18 are limited:
(1)To agreements which obligate the department, acting for and on behalf of the State of South Dakota, to refund to the United States of America as represented by the administrator of the Federal Aviation Administration, a sum equal to the full amount of federal funds contributed for the purchase of land or construction of airport improvements thereon; or
(2)At the option of the administrator, to provide and construct at state expense and without further contributions by the federal government, an airport facility equivalent to that developed with the aid of federal funds and located as near as practicable to the site of the existing facilities on land with good title satisfactory to the administrator of the Federal Aviation Administration as prescribed by the provisions of section 9 of the Federal Airport Act (Public Law 377, 79th Congress, 2nd session as amended to January 1, 2014).
Source:
SL 1953, ch 5, § 2; SDC Supp 1960, § 2.0209; SL 1997, ch 16, § 19; SL 2014, ch 222, § 58; SL 2020, ch 203, § 13.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 09 - Air Navigation Hazards › Section 50-9-1 - FAA determination of no hazard to be provided to commission before construction or alteration of structure--Violation as misdemeanor.

50-9-1. FAA determination of no hazard to be provided to commission before construction or alteration of structure--Violation as misdemeanor.
A person or organization that has obtained a Federal Aviation Administration determination of no hazard, shall provide the determination to the commission prior to the start of construction or alteration of any structure that is subject to the jurisdiction of the Federal Aviation Administration.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 1953, ch 3, §1; SDC Supp 1960, §2.0210; SL 1992, ch 60, §2; SL 1994, ch 351, §142; SL 2010, ch 227, §41; SL 2014, ch 222, §59; SL 2018, ch 269, §30; SL 2019, ch 203, §25.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 09 - Air Navigation Hazards › Section 50-9-10 - Conflicting jurisdiction between commission and political subdivision--Superiority of commission--Public hearing.

50-9-10. Conflicting jurisdiction between commission and political subdivision--Superiority of commission--Public hearing.
If conflicting jurisdiction arises over the control of the erection of a building, structure, tower, or hazard in relation to an airport, airway, or airport facility between the commission and any political subdivision of the state, the commission may overrule, change, modify, or amend zoning rules and regulations adopted by any political subdivision or by any airport zoning board created by a political subdivision under the laws of this state, after a public hearing in which all parties have been given an opportunity to be heard.
Source:
SL 1957, ch 2, §3; SDC Supp 1960, §2.0217; SL 2010, ch 227, §50; SL 2018, ch 269, §31.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 09 - Air Navigation Hazards › Section 50-9-13 - Required marking of certain anemometer towers--Violation as misdemeanor.

50-9-13. Required marking of certain anemometer towers--Violation as misdemeanor.
Any anemometer tower that is fifty feet in height above the ground or higher, that is located outside the exterior boundaries of any municipality, and whose appearance is not otherwise mandated by state or federal law shall be marked, painted, flagged, or otherwise constructed to be recognizable in clear air during daylight hours. Any anemometer tower that was erected before July 1, 2010 shall be marked as required in this section within one year after July 1, 2010. Any anemometer tower that is erected on or after July 1, 2010 shall be marked as required in this section at the time it is erected. Marking required under this section includes marking the anemometer tower, guy wires, and accessory facilities as follows:
(1)The top one-third of the anemometer tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower;
(2)Two marker balls shall be attached to and evenly spaced on each of the outside guy wires;
(3)Where an anemometer tower has guy wires anchored to the ground, the anchor points shall have a contrasting appearance with any surrounding vegetation. If the adjacent land is grazed, the anchor point shall be fenced. The fenced area shall be an area not less than sixty-four square feet whose outer boundary is at least four feet from the anchor point; and
(4)One or more seven-foot safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 2010, ch 229, §2; SL 2018, ch 269, §32.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 09 - Air Navigation Hazards › Section 50-9-14 - Airport hazard--Public nuisance--Prevention.

50-9-14  .  Airport hazard--Public nuisance--Prevention.
The creation or establishment of an airport hazard is a public nuisance and an injury to the community or the United States served by the airport and shall be prevented in accordance with this title.
Source:  SL 2020, ch 203, § 14.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 09 - Air Navigation Hazards › Section 50-9-15 - Removal of airport hazards--Public purpose--Public funds.

50-9-15  .  Removal of airport hazards--Public purpose--Public funds.
The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the political subdivisions may raise and expend public funds and acquire land or a property interest.
Source:  SL 2020, ch 203, § 15.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 10 - Airport Zoning › Section 50-10-5 - Local airport layout plan and zoning regulations--Enforcement.

50-10-5. Local airport layout plan and zoning regulations--Enforcement.
Each airport sponsor that is a municipality, county, or political subdivision of the state that has an airport layout plan shall take measures for the protection of airport approaches, and shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed by this chapter, airport zoning regulations applicable to the area.
Source:
SL 1943, ch 2, §4 (1); SDC Supp 1960, §2.0504; SL 1965, ch 1; SL 2010, ch 227, §53; SL 2014, ch 222, §71; SL 2019, ch 203, §28.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 10 - Airport Zoning › Section 50-10-6 - Airport layout--Zones--Permitted land uses--Runway protection zone--Exclusions.

50-10-6. Airport layout--Zones--Permitted land uses--Runway protection zone--Exclusions.
The regulations required by §50-10-5 shall divide the airport layout into zones, and, within each zone, specify the land uses permitted, regulate and restrict the height to which structures and obstructions may be erected or allowed to grow, prohibit the obstruction by lights, smoke, electronic devices, or any other means, of the safe operation of aircraft near airports, and impose other restrictions and requirements as may be necessary for the protection of the airport. The existing and ultimate runway protection zone as depicted on the airport layout plan shall be zoned to exclude homes and structures that constitute a concentration of people.
Source:
SL 1943, ch 2, §4 (1); SDC Supp 1960, §2.0504; SL 1965, ch 1; SL 1979, ch 320; SL 2010, ch 227, §54; SL 2014, ch 222, §72; SL 2019, ch 203, §29; SL 2020, ch 203, § 16.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 10 - Airport Zoning › Section 50-10-6.1 - Commission may withhold funds--Proper zoning required.

50-10-6.1. Commission may withhold funds--Proper zoning required.
If the local zoning authority does not require compliance with the requirements for proper zoning at an airport pursuant to §50-10-6, the commission may withhold future funding.
Source:
SL 2014, ch 222, §73.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 10 - Airport Zoning › Section 50-10-7 - Incorporation of approach plan in general zoning regulations.

50-10-7. Incorporation of approach plan in general zoning regulations.
If a political subdivision adopts a general zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion thereof under this chapter, may be incorporated in and made a part of such general zoning regulations, and be administered and enforced. However, no general zoning regulations may limit the effectiveness or scope of the rules promulgated pursuant to this chapter.
Source:
SL 1943, ch 2, §4 (2); SDC Supp 1960, §2.0505; SL 2010, ch 227, §55.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 10 - Airport Zoning › Section 50-10-8 - Local regulations to be consistent with airport layout plan.

50-10-8. Local regulations to be consistent with airport layout plan.
Any zoning or other regulations shall be consistent with an airport layout plan. Measures shall be taken for the protection of airport approaches, including not only any airport zoning regulations adopted under this chapter but any zoning or other regulations dealing with the same or similar matters, that have been or may be adopted under authority other than that conferred by this chapter, and shall be consistent with, and conform to, the airport layout plan for such area. The regulations shall be amended as may be necessary to conform to any revision of the airport layout plan.
Source:
SL 1943, ch 2, §4 (3); SDC Supp 1960, §2.0506; SL 2010, ch 227, §56; SL 2014, ch 222, §74.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 10 - Airport Zoning › Section 50-10-9 - Regulations--Limitations.

50-10-9. Regulations--Limitations.
No airport zoning regulation adopted under this chapter may be unreasonable. No regulation may require the removal, lowering, or other change or alteration of any structure or obstruction not conforming to the regulation when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in §11-14-16.
Source:
SL 1943, ch 2, § 4 (4); SDC Supp 1960, § 2.0507; SL 2010, ch 227, § 57; SL 2020, ch 203, § 17.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 10 - Airport Zoning › Section 50-10-29 - Violation of regulation, order or ruling as misdemeanor.

50-10-29. Violation of regulation, order or ruling as misdemeanor.
A violation of any regulation, order, or ruling promulgated or made pursuant to this chapter, is a Class 1 misdemeanor.
Source:
SL 1943, ch 2, §8; SDC Supp 1960, §2.9908; SL 1983, ch 15, §185.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-5 - Posting of aircraft registration certificate--Decal--Violation as misdemeanor.

50-11-5. Posting of aircraft registration certificate--Decal--Violation as misdemeanor.
The aircraft registration certificate shall at all times be conspicuously posted within the aircraft so as to be readily seen by passengers and inspectors. The department shall provide a decal bearing the same identification number as the registration certificate. The aircraft owner shall display the decal in a location easily visible from the right outside of the aircraft. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §2.0104; SL 1983, ch 15, §188; SL 1993, ch 348, §4; SL 2014, ch 222, §81.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-9 - Application for registration of aircraft--Failure to register as misdemeanor--False statement as felony.

50-11-9. Application for registration of aircraft--Failure to register as misdemeanor--False statement as felony.
The owner or lessee of an aircraft to be operated within this state shall, except as otherwise expressly provided, file with the department on a form furnished by the department, an application for registration of the aircraft. A person who fails to register an aircraft within thirty days after it is operated in this state is guilty of a Class 2 misdemeanor. A person who knowingly makes a false statement of a material fact in the application is guilty of a Class 5 felony. This section does not apply to any sUAS.
Source:
SDC 1939, §2.0402 as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §1; SL 1983, ch 15, §191; SL 1985, ch 379, §1; SL 1993, ch 348, §8; SL 2010, ch 227, §72; SL 2014, ch 222, §85; SL 2014, ch 223, §1; SL 2019, ch 203, §32.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-11 - Expiration of registration.

50-11-11. Expiration of registration.
Aircraft registration required by this chapter expires on the thirty-first day of March following the calendar year in which the registration is made.
Source:
SDC 1939, §2.0404 as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §3; SL 1993, ch 348, §9; SL 2004, ch 288, §2.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-12 - Schedule of registration fees--Nonpayment as misdemeanor.

50-11-12. Schedule of registration fees--Nonpayment as misdemeanor.
There shall be paid to the secretary of transportation at the time of the registration of an aircraft an annual registration fee for each such aircraft based upon its maximum permissible take-off weight to be computed as follows:
Weight in Pounds
Rate
0 B 1,500
$ 25
1,501 B 2,000
40
2,001 B 3,000
55
3,001 B 4,000
70
4,001 B 5,000
85
5,001 B 6,000
100
6,001 B 10,000
125
10,001 B 12,499
150
12,500 B 15,000
200
15,001 and over
300
The fees in this section are subject to the provisions of §§50-11-14 to 50-11-17, inclusive. Failure to pay the fees is a Class 2 misdemeanor.
Source:
SDC 1939, §§2.0405, 2.0407 as enacted by SL 1949, ch 4, §2; SL 1983, ch 15, §192; SL 1985, ch 379, §2; SL 1993, ch 348, §10.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-14 - Fees--Aircraft more than ten years old.

50-11-14. Fees--Aircraft more than ten years old.
If any aircraft, according to the manufacturer's records as to date of manufacture, was ten years old or more on January first of the year for which registration and fee is required, the fee required by §50-11-12 shall be one-half of the fee ordinarily prescribed.
Source:
SDC 1939, §2.0407 (1) (b) as enacted by SL 1949, ch 4, §2; SL 1993, ch 348, §10B.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-15 - Fees--Part-year registration.

50-11-15. Fees--Part-year registration.
The fee for registering any theretofore unregistered aircraft purchased on or after July first of any year shall be one-half the amount prescribed by §50-11-12 and, as to such aircraft purchased on or after October first of any year, one-fourth of such prescribed amount.
Source:
SDC 1939, §2.0407 (2) as enacted by SL 1949, ch 4, §2.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-16 - Payment of delinquent fees and taxes prerequisite to registration.

50-11-16. Payment of delinquent fees and taxes prerequisite to registration.
The department may not approve an application for any aircraft which should have been previously registered or taxed under the laws of this state, without collecting all past-due registration fees or taxes.
Source:
SDC 1939, §2.0407 (3) as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §4; SL 1983, ch 15, §193; SL 1985, ch 379, §4; SL 2014, ch 222, §87.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-17 - Fees--Minimum registration fee.

50-11-17. Fees--Minimum registration fee.
No aircraft may be registered for an annual registration, or any part thereof, for a fee of less than ten dollars.
Source:
SDC 1939, §2.0407 (4) as enacted by SL 1949, ch 4, §2; SL 1993, ch 348, §11.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-19 - Additional tax for original registration--Nonpayment as misdemeanor--Civil penalty.

50-11-19. Additional tax for original registration--Nonpayment as misdemeanor--Civil penalty.
In addition to all other registration fees paid to the department, an additional original registration tax of four percent, based upon the purchase price of the aircraft, shall be paid to the department, along with the application for the original registration of an aircraft. For an initial registration of aircraft manufactured and used exclusively for agricultural purposes, the registration tax under this section is three percent.
Aircraft subject to the tax imposed by this chapter are exempt from taxes imposed by chapters 10-45 and 10-46. Aircraft used under a use stamp or dealer certificate, or engaged in regularly scheduled flying consisting of an act of interstate or foreign commerce, are exempt from the taxes imposed by chapters 10-45 and 10-46.
Failure to pay the registration tax under this section within thirty days after an aircraft is operated in this state is a Class 2 misdemeanor. Failure to pay the registration tax within ninety days of the due date shall result in a civil penalty of one-half percent of the tax due for each month, or portion of the month, until the tax is paid in accordance with this chapter, not to exceed five percent of the tax due. A civil penalty imposed under this section shall be deposited into the aeronautics fund.
Source:
SDC 1939, §2.0408 as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §5; SL 1973, ch 62, §2; SL 1982, ch 112, §2; SL 1983, ch 15, §198; SL 1985, ch 379, §3; SL 1987, ch 357, §1; SL 1993, ch 348, §12; SL 2014, ch 224, §1; SL 2019, ch 203, §33.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-19.1 - Purchase price defined.

50-11-19.1. Purchase price defined.
For the purposes of this chapter, the purchase price is:
(1)For an aircraft purchase, sale, or transfer, the total consideration for the aircraft whether received in money or otherwise less the value of any aircraft taken by the seller as trade, if the aircraft traded was registered in South Dakota. The purchaser of the aircraft shall submit to the department an application for original registration supplied by the department. If no proof of purchase price is provided, the price shall be the current fair market value of the aircraft at the time of registration less the value of any South Dakota registered aircraft taken by the seller in trade;
(2)For an aircraft acquired by gift, bequest, purchase, or transfer for a nominal consideration, the price shall be considered to be the current fair market value of the aircraft at the time registration is due;
(3)For an aircraft manufactured by any person other than a bona fide manufacturer, commonly referred to as, homebuilt, the amount expended for materials and other properly allocable costs of manufacture or in the absence of actual expenditures for the manufacture of a part or all of the aircraft, the reasonable value of the completed aircraft based on current fair market value; and
(4)For a rebuilt aircraft, upon its initial registration, the total consideration for the salvage aircraft, the amount expended for materials and other properly allocable costs to repair the aircraft to an airworthy condition, whether received in money or otherwise. In the absence of actual expenditures for the reconstruction of the aircraft, the market value of the aircraft at the time registration is due based on current fair market value.
Source:
SL 1982, ch 112, §4; SL 1993, ch 348, §13; SL 2014, ch 222, §88.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-19.2 - Rate of additional tax on sale of aircraft held under use stamp or dealer certificate or conversion to dealer's own use.

50-11-19.2. Rate of additional tax on sale of aircraft held under use stamp or dealer certificate or conversion to dealer's own use.
The additional original registration tax on the sale of aircraft held by a licensed aircraft dealer under a use stamp or dealer certificate is at the rate specified in §50-11-19 on the purchase price at the time the aircraft is sold. If a licensed aircraft dealer converts aircraft held under a use stamp or dealer certificate to the dealer's own use, the additional original registration tax is paid by the dealer at the rate specified in §50-11-19 on the current fair market value of the aircraft.
Source:
SL 1982, ch 112, §3; SL 2010, ch 227, §75.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-19.3 - Registration tax credit for sales and use taxes paid on homebuilt aircraft--Proof of eligibility.

50-11-19.3. Registration tax credit for sales and use taxes paid on homebuilt aircraft--Proof of eligibility.
When determining the amount of the registration tax imposed by §50-11-19 on homebuilt aircraft, a credit for South Dakota sales tax and South Dakota use tax that was paid by the applicant on any purchase of aircraft kits, engines, instruments, and other parts and components used in the construction of the homebuilt aircraft is permitted. The applicant shall provide proof of the South Dakota sales tax and the South Dakota use tax that was paid by the applicant and is eligible for credit by providing any invoice, receipt, or other document that shows the payment of South Dakota sales tax and South Dakota use tax. The amount of the credit permitted by this section may not be greater than the registration tax imposed by §50-11-19 on the homebuilt aircraft. No credit is permitted for any South Dakota sales tax or South Dakota use tax that was paid more than five years before the date of the application for registration of the homebuilt aircraft.
Source:
SL 2014, ch 225, §1.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-19.4 - Transfer of amount of credit to aeronautics fund.

50-11-19.4. Transfer of amount of credit to aeronautics fund.
The department shall inform the Department of Revenue of the amount of credit granted under §50-11-19.3 on a quarterly basis. The Department of Revenue shall transfer to the department, for deposit into the aeronautics fund, the amount of credit granted under §50-11-19.3. Transfers to the aeronautics fund shall be made on a quarterly basis.
Source:
SL 2014, ch 225, §2; SL 2019, ch 203, §34.