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ARTICLE 70:02
AERONAUTICS
Chapter
70:02:01 Procedural rules.
70:02:02 Aerial applicators, Repealed.
70:02:03 Structures affecting aviation, Repealed.
70:02:04 Airport licensing approval.
70:02:05 Registration of aircraft, Repealed.
70:02:06 Pilot and airport employee identification, Repealed.
CHAPTER 70:02:04
AIRPORT LICENSING APPROVAL
Section
70:02:04:01 Definitions.
70:02:04:02 Airport, landing field, or heliport must receive approval or license to be
used or operated -- Application procedure -- Inspection.
70:02:04:03 Types of license or approvals -- Period of approval or license.
70:02:04:04 Responsibility of licensees holder of certificate of approval.
70:02:04:05 Criteria for revocation of and refusal to renew licenses certificate of
approval.
70:02:04:06 Airports, landing fields and heliports to be located to avoid conflicts and
overlaps, Repealed.
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70:02:04:07 Minimum requirements for nonrestricted licensing or approval of airports
and landing fields.
70:02:04:08 Airports approved prior to July 24, 1974, to be noted as approved under
previous standards, Repealed.
70:02:04:09 Minimum requirements for heliports.
70:02:04:10 Field marking requirements for airports, landing fields and heliports
licensed approved for other than restricted use.
70:02:04:11 Wind indicators required.
70:02:04:12 Aircraft at rest to be visible from any point on landing area -- Exception.
70:02:04:13 Airports required to control access.
70:02:04:14 Minimum requirements for restricted use landing fields temporary
airports.
70:02:04:15 Minimum requirements for public airports.
70:02:04:16 Repealed.
70:02:04:17 Permits Approval required for use of temporary fields airport -- Method
of application -- Time element -- Inspection by Aeronautics Commission the Department of
Transportation -- Refusal by commission upon abuse of license certificate of approval.
70:02:04:18 Private airports for personal use only to be located to avoid conflicts --
Registration Approval required.
70:02:04:19 Waiver of rules by commission authorized, Repealed.
70:02:04:20 Conduct of appeals from rules governing airport, Repealed.
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70:02:04:01. Definitions. Words defined in SDCL 50-1-1, 50-10-1 and 50-13-1 have the
same meaning when used in this chapter. In addition, terms used in this chapter mean:
(1) "Heliport," any area of land, water, or structure used or intended to be used for the
landing and taking off of helicopters;
(2) "Landing area," that portion of an airport, landing field, or heliport used for the
landing and taking off of aircraft;
(3) "Licensee," the person, firm, agency or political subdivision to whom a license is
issued by the commission;
(4) "License," the certificate issued by the commission authorizing the operation of the
facility stated thereon;
(5) "Publicly owned airport," any airport that the portion of the airport used for the
landing and taking off of aircraft is owned by a governmental body, political subdivision, public
agency, or other public corporation;
(6) "Public airport," any airport, whether publicly or privately owned, that is open to and
available for use by the flying public;
(7) "Private airport," any airport that is open to and available for use only by the owner
and the owner's invitees;
(8) "Restricted use landing field," a landing area approved by the commission for restricted
use only as stated in the approval or to be used in case of emergency.
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.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-1-1; 50-5-1; 50-5-3.
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70:02:04:02. Airport, landing field, or heliport must receive approval or license to be
used or operated -- Application procedure -- Inspection. Before any public airport, landing
field, or heliport, or any private airport, landing field, or heliport located within two miles of the
nearest boundary of any approved public airport, is used or operated in the state of South Dakota,
the airport, landing field, or heliport shall be licensed or approved by the commission. The owner
or operator shall make an application to the commission for the approval or licensing of the
airport, landing field, or heliport. Upon receipt of a completed application for a public airport,
public heliport, or restricted use landing field, the commission shall cause the airport, landing
field, or heliport to be inspected. After a review of the application and the completion of any
required inspection, if the proposed airport, landing field, or heliport is found to meet the
minimum requirements as set forth in chapter 70:02:04 and the location of the proposed airport,
landing field, or heliport is deemed not to be dangerous for aircraft operations or will not hinder
the health, welfare, and safety of the public, the commission shall must approve or license the
certificate of approval for the airport, landing field, or heliport.
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.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3; 50-5-8.
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70:02:04:03. Types of license or approvals -- Period of approval or license. Types The
types of license or approvals issued by the commission pursuant to SDCL 50-5-1 and §
70:02:04:03 are as follows:
(1) For approval A private airport certificate of approval for: restricted use landing field;
temporary field; a temporary airport or private airport; and
(2) For A public airport license certificate of approval for: private commercial airport; or
heliport; purposes or for public use airport or heliport.
Each certificate of approval or license 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.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 29 SDR
160, effective June 2, 2003.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:04. Responsibility of licensee holder of certificate of approval. The licensee
holder of a certificate of approval shall have the following responsibilities:
(1) Enforcing the restrictions, if any, placed thereon on the certificate of approval by the
commission;
(2) Prescribing and posting a traffic pattern for the field with the assistance and approval
of the commission landing area. Traffic The traffic pattern must be posted within 60 sixty days
after the issuance of a license or certificate of approval;
(3) Supervising or causing the supervision of all aeronautical activity in connection with
and in conformity compliance with all terms, conditions and restrictions with the prescribed
limitations of the licensed field 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 license certificate of approval at least 30 thirty days prior
to the expiration date shown on the license certificate of approval; and
(6) Designating a person who shall to be called the airport or heliport manager; such
person shall be. The manager is responsible to see for seeing that the rules prescribed in chapter
70:02:04 are complied with and shall promptly notify the commission by the fastest means
possible of any changes in the conditions of the facilities airport.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3; 50-5-6.
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70:02:04:05. Criteria for revocation of and refusal to renew licenses certificate of
approval. The commission may, after providing notice to the holder of a certificate of approval
and an opportunity for a hearing to the licensee, revoke any license or renewal thereof certificate
of approval, or refuse to issue a renewal when it shall reasonably determine if the commission
determines:
(1) There has been an abandonment of the airport, heliport or restricted use landing area
as such;
(2) There has been a failure to comply with the conditions of the license certificate of
approval or renewal thereof; or
(3) Because That because of a change of physical or legal conditions, or circumstances, the
airport, heliport or restricted use landing field has become unsafe or unusable for the aeronautical
purpose for which the license certificate of approval or renewal was issued.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3; 50-5-6; 50-5-7; 50-5-8.
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70:02:04:06. Airports, landing fields and heliports to be located to avoid conflicts and
overlaps. All airports, landing fields and heliports shall be so located and spaced one from the
other that their flight pattern and approach areas as established or approved by the commission
will not in any way conflict or overlap Repealed.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1.
Law Implemented: SDCL 50-2-2.1.
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70:02:04:07. Minimum requirements for nonrestricted licensing or approval of
airports and landing fields. All To be eligible for commission approval, all airports and landing
fields, other than those airports for restricted use only, to be eligible for approval or licensing
must meet the following requirements:
(1) Each end of the runway shall must have a minimum unobstructed approach zone
providing a glide angle of at least 20:1. This approach zone shall must be trapezoidal in shape,
beginning at a point 200 two hundred feet beyond the end of the runway and extending out 5,000
five thousand feet along the extended centerline. This zone is 250 two hundred fifty feet wide at
the inner edge and 1,250 one thousand two hundred fifty feet wide at the outer edge. The
approach zone shall must have a minimum clearance of 15 fifteen feet over all highways, 17
seventeen feet over interstate highways, and 23 twenty-three feet over railroads;
(2) No objects shall may penetrate the primary or transitional surfaces. The primary
surface is a horizontal plane, 250 two hundred fifty feet wide, 125 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 7 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 subdivisions 70:02:04:07(5) to (7), inclusive subdivision (5)
of this section must be increased for site elevation at the rate of 7 seven percent for each 1,000
one thousand feet of elevation above mean sea level; five tenths five-tenths of one percent for
each degree by which the mean maximum temperature of the hottest month exceeds the standard
temperature of 60 sixty degrees Fahrenheit; and 20 twenty percent for each one percent of
effective gradient;
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(4) The entire landing area must be suitable for safe operation of aircraft under normal
weather conditions; and
(5) Airports approved by the commission prior to August 25, 1964, shall have at least one
serviceable landing area of 1,600 feet in length and 100 feet usable width;
(6) Airports approved between August 25, 1964, and July 24, 1974, inclusive, shall have
at least one serviceable landing area 1,800 feet in length, 100 feet usable width;
(7) Airports established or requesting approval after July 24, 1974, shall must have at least
one serviceable runway 2,100 two thousand one hundred feet in length, 50 and fifty feet of
usable width. For landing fields or turf strips areas, the length shall must be increased by 400
four hundred feet after the necessary corrections have been added and the usable width increased
to 100 one hundred feet.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:08. Airports approved prior to July 24, 1974, to be noted as approved
under previous standards. All airports approved for public use prior to July 24, 1974, which
do not meet the minimum length requirements established by this chapter shall remain in the
directory of approved airports but shall be specifically noted as being approved under the
previously adopted minimum standards Repealed.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1.
Law Implemented: SDCL 50-2-2.1.
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70:02:04:09. Minimum requirements for heliports. All To be eligible for commission
approval, all classifications of heliports must meet the following minimum requirements:
(1) For a single pad heliport, there must be a touchdown pad at least 50 fifty feet in
diameter with a safety zone, free of all obstructions, extending outward for a distance of at least
50 fifty feet beyond the outer edge of the touchdown pad;
(2) For a multiple pad heliport, touchdown pads should must be arranged in appropriate
multiples having a minimum edge to edge distance of 100 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 shall must
have a slope of 10:1, or better, and the side slope in all other directions shall must be 5:1, or
better, with both slopes extending outward until a height equal to the minimum enroute altitude
is reached;
(4) Heliports on building roofs may be licensed if the roof is of sufficient size and if
adequate evidence is shown that the roof will support a concentrated load equivalent to three
quarters of the maximum gross weight of the critical helicopter to be used on any one square
foot.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:10. Field marking requirements for airports, landing fields and heliports
licensed approved for other than restricted use. All airports, landing fields and heliports
licensed approved for other than restricted use shall must have the landing area clearly marked so
as 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 shall
must be clearly marked by day with red flags not less than 18 eighteen inches square so placed as
to show the boundaries of the dangerous unsafe areas;
(2) By night, if the airport is equipped with field, runway, or strip lighting, dangerous
unsafe areas shall 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 shall must be a yellow cross
placed at the wind indicator or inside the segmented circle, if one exists, and when. When any
one landing area or portion thereof is marked as being closed, there shall must be a yellow cross
placed at both ends of said the landing area or closed portion. Each of the four legs of the cross
shall must be a minimum of 15 fifteen feet in length and 4 four feet in width and yellow in color.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:11. Wind indicators required. All airports, landing fields or heliports shall be
required to must have at least one wind direction indicator of the type and kind approved by the
commission, so located to show a, in a location readily visible to aircraft, that provides a true
indication of the wind on the landing area. If the airport, landing field or heliport is lighted for
night operations, the wind indicator shall must be equipped with adequate lighting.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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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 shall
must be oriented in such position that an aircraft at rest at any point thereon on a landing area is
visible from any other point on the all landing area or areas.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:13. Airports required to control access. Each airport shall must be adequately
fenced so as to control the access of unauthorized persons, automobiles, equipment, or livestock
onto the areas designated as landing areas, taxiways, or tie down tie-down areas. The minimum
property width required for approval shall be 200 is two hundred feet on either side of the
landing area centerline. Fences shall may not be located closer than 200 two hundred feet from
the centerline of the landing area.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:14. Minimum requirements for restricted use landing fields temporary
airport. Restricted use landing fields shall A temporary airport must be of sufficient size and
condition with adequate approach clearances to accommodate the type of aircraft specified to be
used thereon, and the use intended thereof on the temporary airport.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:15. Minimum requirements for public airports. Public airports shall must
meet all the requirements as specified in §§ 70:02:04:07 to 70:02:04:13, inclusive, and in
addition shall must:
(1) Have tie down tie-down anchors and chains for at least three transit aircraft;
(2) Have a suitable area for parking automobiles, adequately marked off and fenced to
prevent dangerous overrunning of the landing area and aircraft parking area by automobiles; and
(3) Have suitable aircraft parking area areas;
(4) Have a telephone at the airport or within reasonable distance of the airport.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:17. Permits Approval required for use of temporary fields airport --
Method of application -- Time element -- Inspection by Aeronautics Commission
Department of Transportation -- Refusal by commission upon abuse misuse of license
certificate of approval. Before the owner of any aircraft uses, or propose proposes to use, any
area of land or water for temporary operations to, in any nature, transport or load and unload
passengers whatsoever, the owner shall apply to the Aeronautics Commission commission for a
certificate of approval for a temporary field permit airport upon forms provided for that purpose
by the Aeronautics Commission department. The application must be received by the
commission the department at least 15 fifteen days before the date the applicant wished wishes to
use the area. The area shall must then be inspected by the commission the department. and if
found to be 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 to have clear and unobstructed approaches to the
temporary landing area, the The commission may issue a temporary field permit certificate of
approval for a temporary airport, not to exceed 60 sixty days, if the area:
(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 Aeronautics Commission commission at any time determines that the
temporary field permit privilege certificate of approval is being abused by one or a group of
owners of aircraft utilized by any aircraft owner in a manner contrary to the interest of the health,
welfare, and safety of the public, it shall the commission must refuse the granting of temporary
field permits to grant a certificate of approval for a temporary airport in the interest of the health,
welfare, and safety of the public.
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Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3; 50-5-6; 50-5-8.
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70:02:04:18. Private airports for personal use only to be located to avoid conflicts –
Approval required. The only sections in With the exception of §§ 70:02:04:02 and 70:02:04:03,
this chapter that does not apply to airports and landing fields established and used for personal
use only are §§ 70:02:04:02 and 70:02:04:06. The commission may issue a one-time certificate
of approval for any airport or landing field established and used for personal use only if an
appropriate application has been submitted pursuant to § 70:02:04:02 and the proposed airport or
landing field meets the requirements of §§ 70:02:04:06 70:02:04:02 and 70:02:04:03.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 29 SDR
160, effective June 2, 2003.
General Authority: SDCL 50-2-2.1 50-5-1.2.
Law Implemented: SDCL 50-2-2.1 50-5-1; 50-5-3.
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70:02:04:19. Waiver of rules by commission authorized. The Aeronautics Commission
may waive any portion of the rules contained in this chapter Repealed.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1.
Law Implemented: SDCL 50-2-2.1.
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70:02:04:20. Conduct of appeals from rules governing airport licensing. Any person
adversely affected by the rules in this chapter may appeal in the manner prescribed under SDCL
50-2-27, 50-2-28 and 50-2-29 Repealed.
Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 50-2-2.1.
Law Implemented: SDCL 50-2-2.1.