Minnehaha County's Article 12.20 ADU ordinance (MC16-183-25, 4/22/2025) was specifically structured to allow flexible rental use of the unit. The county's announcement and public-hearing record describe permitted uses as housing for a relative, a long-term renter, a full-time caretaker, OR a short-term rental property. There is NO ADU-specific rental ban, lease-length minimum, or hosted-only restriction in the unincorporated county. South Dakota has no statewide STR registration or rental-restriction law — SDCL Chapter 10-45D (1.5% tourism tax) and Chapter 10-45 (4.2% state sales tax) impose only tax-collection obligations, not zoning bans.
Unlike many western and coastal jurisdictions, Minnehaha County did not impose a long-term-rental-only restriction, a 30-day minimum lease, or a hosted-only requirement on ADUs. The April 2025 ordinance amendment was promoted partly as a means to expand both long-term rental and short-term rental inventory in the rural and rural-residential portions of the county. STR operators must still: (a) collect and remit 4.2% state sales tax under SDCL Ch. 10-45; (b) collect and remit 1.5% state tourism tax under SDCL Ch. 10-45D; (c) collect any applicable municipal sales tax under SDCL Ch. 10-52 (which does NOT apply in unincorporated areas — only inside city limits); (d) comply with the underlying CUP conditions (any operating limits, parking, septic capacity); and (e) carry adequate liability insurance per any platform requirements. Sioux Falls, Brandon, and other Minnehaha County cities have their own STR rules; this article applies only to unincorporated county. The joint Sioux Falls/Minnehaha zoning ordinance places ADUs in the joint-jurisdiction area under Article 15.20 and may impose its own conditions.
Failure to comply with any CUP condition (e.g., parking, occupancy limit set as a special condition) is a Class 2 misdemeanor under SDCL §11-2-35. Failure to collect/remit state sales tax is enforceable by the SD Department of Revenue under SDCL Ch. 10-45. Failure to collect/remit the 1.5% tourism tax is enforceable under SDCL Ch. 10-45D. Most short-term-rental platforms (Airbnb, Vrbo) collect SD state taxes automatically under marketplace-facilitator rules, but the operator remains ultimately liable.
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