article-70-02•ARSD Article 70:02 — AERONAUTICS
TRANSPORTATION TRANSPORTATION
Chapter 70:02:01
ARSD 70:02:01:01 Superseded
ARSD 70:02:01:02 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:01:03 Petition for declaratory ruling
A person may request the Aeronautics Commission to issue a decision as to the applicability of any statutory provision, rule, or order pertaining to matters of aviation by filing a petition with the secretary of the Department of Transportation. The commission shall consider these petitions at a scheduled hearing date held during a regular meeting.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
- General Authority: SDCL 1-26-15.
- Law Implemented: SDCL 1-26-15.
Chapter 70:02:02
ARSD 70:02:02:00 Repealed
History
- Source: 20 SDR 183, effective May 9, 1994; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:01 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:02 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 20 SDR 183, effective May 9, 1994; 23 SDR 180, effective May 1, 1997; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:03 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 20 SDR 183, effective May 9, 1994; 23 SDR 180, effective May 1, 1997; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:04 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:05 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:06 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:07 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:08 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:02:09 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
Chapter 70:02:03
ARSD 70:02:03:01 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:02 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:03 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:04 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:05 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:06 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:07 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:08 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:09 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:10 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:11 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:12 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:13 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:14 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:15 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:16 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 170, effective June 26, 1988.
ARSD 70:02:03:17 Repealed
History
- Source: 14 SDR 170, effective June 26, 1988; 16 SDR 58, effective October 1, 1989; 29 SDR 34, effective September 17, 2002; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:03:18 Repealed
History
- Source: 14 SDR 170, effective June 26, 1988; 16 SDR 58, effective October 1, 1989; repealed, 29 SDR 34, effective September 17, 2002.
ARSD 70:02:03:19 Repealed
History
- Source: 14 SDR 170, effective June 26, 1988; 16 SDR 58, effective October 1, 1989; 29 SDR 34, effective September 17, 2002; 29 SDR 160, effective June 2, 2003; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:03:20 Repealed
History
- Source: 14 SDR 170, effective June 26, 1988; 16 SDR 58, effective October 1, 1989; 29 SDR 34, effective September 17, 2002; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:03:21 Repealed
History
- Source: 14 SDR 170, effective June 26, 1988; 16 SDR 58, effective October 1, 1989; repealed, 29 SDR 34, effective September 17, 2002.
ARSD 70:02:03:22 Repealed
History
- Source: 14 SDR 170, effective June 26, 1988; 16 SDR 58, effective October 1, 1989; repealed, 29 SDR 34, effective September 17, 2002.
ARSD 70:02:03:23 Repealed
History
- Source: 14 SDR 170, effective June 26, 1988; 16 SDR 58, effective October 1, 1989; repealed, 29 SDR 34, effective September 17, 2002.
Chapter 70:02:04
ARSD 70:02:04:01 Definitions
Words defined in SDCL 50-1-1 have the same meaning when used in this chapter.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 29 SDR 160, effective June 2, 2003; 39 SDR 37, effective September 12, 2012; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-1-1, 50-5-1, 50-5-3.
ARSD 70:02:04:02 Airport must receive approval to be used or operated -- Application procedure -- Inspection
Upon receipt of a completed application for a public airport, the commission shall cause the airport to be inspected. After a review of the application and the completion of any required inspection, if the proposed airport is found to meet the minimum requirements as set forth in chapter 70:02:04 and the location of the proposed airport is deemed not to be dangerous for aircraft operations or will not hinder the health, welfare, and safety of the public, the commission must approve the certificate of approval for the airport.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 29 SDR 160, effective June 2, 2003; 39 SDR 37, effective September 12, 2012; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3, 50-5-8.
ARSD 70:02:04:03 Types of approvals -- Period of approval
The types of approvals issued by the commission pursuant to SDCL 50-5-1 and § 70:02:04:03 are as follows:
(1) A private airport certificate of approval for a temporary airport or private airport; and
(2) A public certificate of approval for commercial purposes or for public use.
Each certificate of approval issued by the commission is effective for a period of one year, except for a certificate of approval for a temporary airport pursuant to § 70:02:04:17 and the one-time approval issued for a private airport pursuant to § 70:02:04:18.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 29 SDR 160, effective June 2, 2003; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:04 Responsibility of holder of certificate of approval
The holder of a certificate of approval shall have the following responsibilities:
(1) Enforcing the restrictions, if any, placed on the certificate of approval by the commission;
(2) Prescribing and posting a traffic pattern for the landing area. The traffic pattern must be posted within sixty days after the issuance of a certificate of approval;
(3) Supervising or causing the supervision of all aeronautical activity in compliance with all terms, conditions and restrictions of the certificate of approval;
(4) Maintaining the landing area so as to permit safe operation of aircraft at all times;
(5) Requesting a renewal of the certificate of approval at least thirty days prior to the expiration date shown on the certificate of approval; and
(6) Designating a person to be the manager. The manager is responsible for seeing that the rules prescribed in chapter 70:02:04 are complied with and shall promptly notify the commission of any changes in the conditions of the airport.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3, 50-5-6.
ARSD 70:02:04:05 Criteria for revocation of and refusal to renew certificate of approval
The commission may, after providing notice to the holder of a certificate of approval and an opportunity for a hearing, revoke any certificate of approval, or refuse to issue a renewal if the commission determines:
(1) There has been an abandonment of the airport;
(2) There has been a failure to comply with the conditions of the certificate of approval or renewal thereof; or
(3) That because of a change of physical or legal conditions, or circumstances, the airport has become unsafe or unusable for the aeronautical purpose for which the certificate of approval or renewal was issued.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3, 50-5-6, 50-5-7, 50-5-8.
ARSD 70:02:04:06 Airports, landing fields and heliports to be located to avoid conflicts and overlaps, Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
ARSD 70:02:04:07 Minimum requirements for nonrestricted approval of airports
To be eligible for commission approval, all airports, other than those airports for restricted use only, must meet the following requirements:
(1) Each end of the runway must have a minimum unobstructed approach zone providing a glide angle of at least 20:1. This approach zone must be trapezoidal in shape, beginning at a point two hundred feet beyond the end of the runway and extending out five thousand feet along the extended centerline. This zone is two hundred fifty feet wide at the inner edge and one thousand two hundred fifty feet wide at the outer edge. The approach zone must have a minimum clearance of fifteen feet over all highways, seventeen feet over interstate highways, and twenty-three feet over railroads;
(2) No objects may penetrate the primary or transitional surfaces. The primary surface is a horizontal plane, two hundred fifty feet wide, one hundred twenty-five feet on either side of the landing area centerline and at the same elevation as the centerline. The transitional surface is an inclined plane with a slope of 7:1, being seven feet horizontal for each one foot vertical, beginning at the outer edge of the primary surface and extending upward and outward;
(3) Runway lengths listed in subdivision (5) of this section must be increased for site elevation at the rate of seven percent for each one thousand feet of elevation above mean sea level; five-tenths of one percent for each degree by which the mean maximum temperature of the hottest month exceeds the standard temperature of sixty degrees Fahrenheit; and twenty percent for each one percent of effective gradient;
(4) The entire landing area must be suitable for safe operation of aircraft under normal weather conditions; and
(5) Airports must have at least one serviceable runway two thousand one hundred feet in length and fifty feet of usable width. For landing areas, the length must be increased by four hundred feet after the necessary corrections have been added and the usable width increased to one hundred feet.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:08 Airports approved prior to July 24, 1974, to be noted as approved under previous standards, Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
ARSD 70:02:04:09 Minimum requirements for heliports
To be eligible for commission approval, all classifications of heliports must meet the following requirements:
(1) For a single pad heliport, there must be a touchdown pad at least fifty feet in diameter with a safety zone, free of all obstructions, extending outward for a distance of at least fifty feet beyond the outer edge of the touchdown pad;
(2) For a multiple pad heliport, touchdown pads must be arranged in appropriate multiples having a minimum edge to edge distance of one hundred feet between safety zones as described in subdivision (1) of this section; and
(3) Approaches to permit landings and takeoffs in the prevailing wind direction must have a slope of 10:1, or better, and the side slope in all other directions must be 5:1, or better, with both slopes extending outward until a height equal to the minimum enroute altitude is reached.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:10 Field marking requirements for airports approved for other than restricted use
All airports approved for other than restricted use must have the landing area clearly marked to be readily discernible from the air and from the ground as required by the commission, and in addition:
(1) Any part of the landing area that is temporarily unsafe for aircraft operations must be clearly marked by day with red flags not less than eighteen inches square so placed as to show the boundaries of the unsafe areas;
(2) By night, if the airport is equipped with field, runway, or strip lighting, unsafe areas must be clearly marked with either red electric lights, with water proof fittings, or with lighting methods approved by the commission; and
(3) When an airport is marked as a closed facility there must be a yellow cross placed at the wind indicator or inside the segmented circle, if one exists. When any landing area or portion thereof is marked as being closed, there must be a yellow cross placed at both ends of the landing area or closed portion. Each of the four legs of the cross must be a minimum of fifteen feet in length and four feet in width and yellow in color.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:11 Wind indicators required
All airports must have at least one wind direction indicator in a location readily visible to aircraft, which provides a true indication of the wind on the landing area. If the airport is lighted for night operations, the wind indicator must be equipped with adequate lighting.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:12 Aircraft at rest to be visible from any point on landing area -- Exception
Except for those airports having adequate traffic control, each landing area must be oriented in such position that an aircraft at rest at any point on a landing area is visible from any other point on all landing areas.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:13 Airports required to control access
Each airport must be adequately fenced to control the access of unauthorized persons, automobiles, equipment, or livestock onto the areas designated as landing areas, taxiways, or tie-down areas. The minimum property width required for approval is two hundred feet on either side of the landing area centerline. Fences may not be located closer than two hundred feet from the centerline of the landing area.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:14 Minimum requirements for temporary airports
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:15 Minimum requirements for public airports
Public airports must meet all the requirements in §§ 70:02:04:07 to 70:02:04:13, inclusive, and must:
(1) Have tie-down anchors for at least three transit aircraft;
(2) Have a suitable area for parking automobiles, adequately marked off and fenced to prevent overrunning of the landing area and aircraft parking area by automobiles; and
(3) Have suitable aircraft parking areas.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:16 Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 39 SDR 37, effective September 12, 2012.
ARSD 70:02:04:17 Approval required for use of temporary airport -- Method of application -- Time element -- Inspection by the Department of Transportation -- Refusal by commission upon misuse of certificate of approval
(1) Is of a size and nature that is safe for use by the type of aircraft specified in the application to be used in the operations; and
(2) Has clear and unobstructed approaches to the temporary landing area.
However, if the commission at any time determines that the certificate of approval is being utilized by any aircraft owner in a manner contrary to the interest of the health, welfare, and safety of the public, the commission must refuse to grant a certificate of approval for a temporary airport.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3, 60-5-6, 50-5-8.
ARSD 70:02:04:18 Private airports for personal use only to be located to avoid conflicts -- Approval required
With the exception of §§ 70:02:04:02 and 70:02:04:03, this chapter does not apply to airports established and used for personal use only. The commission may issue a one-time certificate of approval for any airport established and used for personal use only if an appropriate application has been submitted pursuant to § 70:02:04:02 and the proposed airport meets the requirements of §§ 70:02:04:02 and 70:02:04:03.
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 29 SDR 160, effective June 2, 2003; 52 SDR 10, effective August 4, 2025.
- General Authority: SDCL 50-5-1.2.
- Law Implemented: SDCL 50-5-1, 50-5-3.
ARSD 70:02:04:19 Waiver of rules by commission authorized, Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
ARSD 70:02:04:20 Conduct of appeals from rules governing airport licensing, Repealed
History
- Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 52 SDR 10, effective August 4, 2025.
Chapter 70:02:05
ARSD 70:02:05:01 Repealed
History
- Source: 9 SDR 91, effective January 16, 1983; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:05:02 Repealed
History
- Source: 9 SDR 91, effective January 16, 1983; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 38, effective October 6, 2020.
Chapter 70:02:06
ARSD 70:02:06:01 Repealed
History
- Source: 29 SDR 34, effective September 17, 2002; 30 SDR 21, effective August 25, 2003; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:06:02 Repealed
History
- Source: 29 SDR 34, effective September 17, 2002; repealed, 30 SDR 21, effective August 25, 2003.
ARSD 70:02:06:03 Repealed
History
- Source: 29 SDR 34, effective September 17, 2002; repealed, 30 SDR 21, effective August 25, 2003.
ARSD 70:02:06:04 Repealed
History
- Source: 29 SDR 34, effective September 17, 2002; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:06:05 Repealed
History
- Source: 29 SDR 34, effective September 17, 2002; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:06:06 Repealed
History
- Source: 29 SDR 34, effective September 17, 2002; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:06:07 Repealed
History
- Source: 29 SDR 34, effective September 17, 2002; 47 SDR 38, effective October 6, 2020.
ARSD 70:02:06:08 Repealed
History
- Source: 29 SDR 34, effective September 17, 2002; 47 SDR 38, effective October 6, 2020.
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.