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SDDOT / Aeronautics / Tall Structures
Reasons to file an Aeronautical Hazard Application
- No person, firm, corporation, limited liability company, or association may erect
anywhere in this state a building, structure, or tower of any kind over two hundred feet
in height above the terrain, without first filing with the South Dakota Aeronautics
Commission a notice and application showing the location and dimensions of the building,
structure, or tower, and procuring a permit approving the location from the South Dakota
Aeronautics Commission.
- Before any person or entity may construct or alter any structure within two miles from
the nearest boundary of any public airport, the height of which is over ten feet above the
elevation of an airport, for each five hundred feet of distance from the nearest boundary
of the airport (50:1 slope), they shall first file an application with and obtain the
approval of the South Dakota Aeronautics Commission to enter upon and complete such
construction or alteration. However, no application is needed if the construction or
alteration is within the corporate limits of a municipality and is adjacent to other
structures of a permanent character which are an equal or greater height than the
construction or alteration proposed.
[Paraphrased from South Dakota Codified Laws § 50-9-1 and § 50-9-7]
Penalty for building without a permit
- A violation of this section, or a rule or order adopted pursuant to § 50-9-9 and §
50-9-1 without the approval of the South Dakota aeronautics commission is a Class 1
misdemeanor.
- For more details regarding laws and regulations concerning structures affecting
aviation in South Dakota, please refer to South Dakota Codified Laws,
Chapter 50-9 (Air Navigation Hazards) and Administrative Rules, Chapter 70:02:03.
(Structures Affecting Aviation).
Application Processes
- The first step in the process of building any tall structure in South Dakota is to
complete the FAA application
('7460-1' Notice of Proposed Construction or Alteration). This may be completed and
submitted online to the FAA. If you need assistance, please contact Jennifer Clements at
jennifer.clements@state.sd.us or by
phone at (605) 773-4430. After 60-90 days, the FAA will post on their
website the airspace
determination of the structure
- Please note a State Application (Adobe PDF File) must be
filled out in its entirety before it can be submitted to the South Dakota Aeronautics
Commission for approval. Attach a U.S. Geological Survey Quadrangle map or equivalent to
the application showing the relationship of construction site to the nearest airport
and/or city. Upon Commission approval of the structure, we will mail you a permit to
allow you to begin construction.
- The Federal Communications Commission (FCC) has a form for all transmitting towers. The
FCC application can be found at WTB - Antenna Structure
Registration
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