Office of Aeronautics Services

Registrations

Reasons to file an FAA Notice of Proposed Construction or Alteration

• • 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, they must firstdetermine if an FAA form 7460-1 will be required to be filed with the FAA.  If FAA form 7460-1 is required to be filed, and a Determination of No Hazard has been issued by the FAA this Determination will need to be provided to the Aeronautics commission prior to the start of construction.  To determine if a FAA form 7460-1 is required please use this link to the FAA Notice Criteria tool: https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm 
  • Failure to provide a FAA Determination of No Hazard if a Determination to the Aeronautics Commission prior to the start of construction is a Class 1 misdemeanor. [Paraphrased from SDCL 50-9-1 50-9-1]

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).

FAA Determination of No Hazard Reporting Process 

• Please note that South Dakota law has changed regarding Tall Structure Permits, and effective July 1, 2019 South Dakota is no longer issuing them.  The law now requires that FAA Determinations of No Hazard must be provided to the Aeronautics Commission prior to the start of construction.  SDCL 50-9-1 

• The first step in the process of building any tall structure in South Dakota is to determine if a FAA form 7460-1 needs to be filed with the FAA as outlined in Reasons to File an FAA Notice of Proposed Construction or Alteration.  If required, complete the FAA application ('7460-1' Notice of Proposed Construction or Alteration). This may be completed and submitted online to the FAA at https://oeaaa.faa.gov/oeaaa/external/portal.jsp .  If you need assistance, please contact Thomas Koch via email or by phone at (605) 773-3764. After 60-90 days, the FAA will post on their website the airspace determination of the structure. 

Once the FAA Determination has been issued please forward them to Thomas Koch via email.  The office will then review the Determination and forward it on to the Aeronautics Commission.  A letter will then be sent to the individual, organization or agency that submitted the FAA Determination stating the date that the commission was notified and then construction can begin.

Reporting Hazards:

Anyone who observes what they believe to be a hazard to aviation is encouraged to report it to our office for investigation. 

• Airport where hazard was observed
• Date of the observation
• Description of the hazard
• Person reporting the hazard (optional)
• Address and telephone number (optional)
  
  

Airport Heliport License Application - For State permission to use new landing areas (temporary or permanent)
Temporary Use Airfield Application  - For State permission to use new landing areas

Airport Fuel Report - For reporting fuel tax sales

Registrations FAQ's