Minnehaha County, SD Animal Ordinances: Breed Restrictions (2026)

Statewide preemption. SDCL § 40-34-16 is one of the strongest BSL preemptions in the United States. It applies to (a) statutory counties (like Minnehaha), (b) statutory cities (Brandon, Hartford, Dell Rapids, Crooks, Garretson, Humboldt, Valley Springs), AND (c) home-rule cities (Sioux Falls operates under a SDCL Chapter 6-12 home-rule charter but is still bound). Any pre-2014 city BSL was rendered void by operation of law. Vicious-dog framework. Local governments may still regulate dogs that demonstrate dangerous behavior. SDCL § 40-34-14 defines a vicious dog by conduct — not breed — and § 40-34-13 makes ownership of a vicious dog a public nuisance. SDCL § 40-34-15 provides defenses: a dog cannot be declared vicious if the injured person was trespassing, tormenting the dog, or committing a crime. Minnehaha County's MC29-02 incorporates the same breed-neutral conduct test. Insurance and HOAs. The state preemption binds governments, not private actors. Homeowners' insurance carriers, landlords, and homeowners' associations in Minnehaha County may still impose breed-based restrictions through private contract. Service animals. The federal Americans with Disabilities Act preempts ALL breed restrictions (public or private) on service dogs trained to perform tasks for a person with a disability — Title II and Title III, 28 C.F.R. § 35.136 and § 36.302, apply uniformly. Travel through Minnehaha County. Because every South Dakota county and city is bound by § 40-34-16, an owner traveling with a pit bull or other restricted-elsewhere breed faces no breed-specific issues anywhere in the state.