50-5-1
Application for approval of all public airports and certain private airports--Action on
application.
50-5-1.1
Exemption of certain airports from approval requirements.
50-5-2
Repealed.
50-5-3
Certificate of approval--Fee.
50-5-4
Repealed.
50-5-5
Repealed.
50-5-6
Rejection of application for approval--Conditional approval.
50-5-7
Closure of unapproved facilities.
50-5-8
Inspection of aviation facilities.
50-5-9
Repealed.
50-5-10
Unauthorized entry upon approved facility as misdemeanor.
50-5-1. Application for approval of public airports and certain private airports--Action on application--Violation as misdemeanor.
Any owner or operator of a public airport shall apply to the commission for approval for the public airport prior to its use. Any owner or operator of a private airport located within six miles of the nearest boundary of any approved public airport shall apply to the commission for approval for the private airport prior to its use. The commission shall approve or reject an application within sixty days of receipt of the completed application.
A person is guilty of a Class 2 misdemeanor if the person uses or operates a public airport or a private airport located within six miles of the nearest boundary of an approved public airport without the approval of the commission.
Source: SDC 1939, § 2.0111; SL 1947, ch 1, § 6; SL 1949, ch 4, § 1; SL 2004, ch 287, § 1; SL 2010, ch 227, § 32; SL 2019, ch 203, § 16.
50-5-1.1. Exemption of certain airports from approval requirements.
The approval requirements of § 50-5-1 do not apply to temporary airports used only by aircraft while engaged in providing emergency medical services or other emergency services.
Source: SL 2004, ch 287, § 2; SL 2014, ch 222, § 30.
50-5-3. Certificate of approval--Fee.
The commission may issue a certificate of approval pursuant to § 50-5-1 and may set a reasonable charge by rules promulgated pursuant to chapter 1-26.
Source: SDC 1939, § 2.0111; SL 1947, ch 1, § 6; SL 1949, ch 4, § 1; SL 2004, ch 287, § 5; SL 2010, ch 227, § 33.
50-5-6. Rejection of application for approval--Conditional approval.
If the commission rejects an application for permission to operate or establish an airport or if the commission issues any order requiring certain things to be done, the commission shall set forth its reasons and shall state the requirements to be met before such approval may be given or such order modified or changed.
Source: SDC 1939, § 2.0114; SL 2004, ch 287, § 7; SL 2010, ch 227, § 35.
50-5-7. Closure of unapproved facilities.
If the commission deems it necessary, the commission may order the closing of any airport, or order any other aviation facility to cease operations until it complies with the requirements established by the commission.
Source: SDC 1939, § 2.0114; SL 2010, ch 227, § 36; SL 2014, ch 222, § 31; SL 2018, ch 269, § 10.
50-5-8. Inspection of aviation facilities.
The commission or the commission's agent may inspect and examine at reasonable hours, to carry out the provisions of this title, the premises, buildings, and other structures where airports or aviation facilities are operated.
Source: SDC 1939, § 2.0114; SL 2010, ch 227, § 37; SL 2014, ch 222, § 32; SL 2018, ch 269, § 11; SL 2019, ch 203, § 17.
50-5-10. Unauthorized entry upon approved facility as misdemeanor.
Except as otherwise provided, no person, without the express or implied consent of the owner or operator of any airport which has been approved by the commission for public use by aircraft, may enter, trespass on, or occupy any runway or other portion of the airport which will interfere, restrict, impede, or endanger the use of the airport by another person or the operator of an aircraft. A violation of this section is a Class 1 misdemeanor.
Source: SL 1966, ch 5; SL 1983, ch 15, § 181; SL 2010, ch 227, § 39; SL 2014, ch 222, § 34.
