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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 oralteration 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.

  • 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. [Paraphrased from South Dakota Codified Laws § 50-9-1 and § 50-9-7]

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 Jason Engbrecht at jason.engbrecht@state.sd.us or by phone at (605) 773-3764. After 60-90 days, the FAA will post on their website the airspace determination of the structure.

  • Please note a State Tower Permit Application 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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