Before the owner of any aircraft uses, or proposes to use, any area of land or water for temporary operations to, in any nature, transport or load and unload passengers, the owner shall apply to the commission for a certificate of approval for a temporary airport upon forms provided for that purpose by the department. The application must be received by the department at least fifteen days before the date the applicant wishes to use the area. The area must then be inspected by the department. The commission may issue a certificate of approval for a temporary airport, not to exceed sixty days, if the area:

1. (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. (2) Has clear and unobstructed approaches to the temporary landing area.

   However, if the commission at any time determines that the certificate of approval is being utilized by any aircraft owner in a manner contrary to the interest of the health, welfare, and safety of the public, the commission must refuse to grant a certificate of approval for a temporary airport.

Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987 ; 52 SDR 10, effective August 4, 2025 .

General Authority: SDCL 50-5-1.2 .

Law Implemented: SDCL 50-5-1 , 50-5-3 , 60-5-6, 50-5-8 .

Prior versions effective: 1987-07-01.