2018 South Dakota Codified Laws
Title 50 - AVIATION
Chapter 09 - Air Navigation Hazards
§ 50-9-1 Approval required for construction or alteration of certain structures.
50-9-1. Approval required for construction or alteration of certain structures. Any person or organization who intends to construct or alter a structure shall submit an application and obtain an approval permit from the commission for any construction or alteration that:
(1) Exceeds two hundred feet above ground level;
(2) Is within twenty thousand feet of a state approved public airport or military airport that has at least one runway more than three thousand two hundred feet in actual length and the construction or alteration exceeds a one hundred to one surface ratio from any point on the runway;
(3) Is within ten thousand feet of a state approved public airport or military airport that has its longest runway no more than three thousand two hundred feet in actual length and the construction or alteration exceeds a fifty to one surface ratio from any point on the runway;
(4) Is within five thousand feet of a state approved public heliport and the construction or alteration exceeds a twenty-five to one surface ratio; or
(5) Is a highway, railroad, or other traverse way that the prescribed adjusted height exceeds the standards provided in this section.
No application is needed if the construction or alteration of a structure would be shielded by an existing structure of a permanent and substantial character within the corporate limits of a municipality or by natural terrain or topographic features of equal or greater height. It must be evident beyond any reasonable doubt that the construction or alteration of the structure so shielded does not adversely affect safety in aviation.
Any person or organization, who intends to construct or alter a structure that exceeds two hundred feet above ground level and that is outside the zones described in this section and who has obtained a Federal Aviation Administration determination of no hazard, may provide that determination to the commission prior to the start of construction in lieu of the application and permit required by this chapter.
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.
