Single-Use Items in Sioux Falls, SD: What Residents Actually Need to Know

If you live in Sioux Falls or are thinking about moving there, single-use items are one of those things you probably won't think about until they affect you directly. Sioux Falls has 3 specific rules on the books covering different aspects of single-use items, and some of them might surprise you.

Polystyrene Foam Rules

Sioux Falls cannot restrict polystyrene foam containers because South Dakota state law SDCL §11-10A-1 preempts local regulation of auxiliary food and beverage containers.

Key details: Preemption law: SDCL 11-10A-1. Local rule: Preempted. Recycling: Generally not accepted. Disposal: Sioux Falls landfill.

No city violations exist for using polystyrene because the state preempts local regulation. Improper disposal as litter is enforceable under separate Chapter 80 nuisance rules.

If you are coming from a city with tighter rules, you will find Sioux Falls gives residents more flexibility on polystyrene foam rules.

Plastic Bag Rules

Sioux Falls cannot ban or tax single-use plastic bags because South Dakota state law SDCL §11-10A-1 preempts all local regulation of auxiliary containers as of 2019.

Key details: Preemption law: SDCL 11-10A-1. Effective: 2019. Local power: None. Voluntary programs: Allowed.

There are no city violations to cite because Sioux Falls is preempted from regulating bags. Any local ordinance attempting a ban would be void on adoption.

If you are coming from a city with tighter rules, you will find Sioux Falls gives residents more flexibility on plastic bag rules.

Plastic Straw Rules

Sioux Falls cannot mandate paper straws or restrict plastic straws because South Dakota state law SDCL §11-10A-1 preempts local regulation of single-use food service items.

Key details: Preemption law: SDCL 11-10A-1. Mandate authority: None. Voluntary switch: Allowed. Littering: Misdemeanor.

No straw-specific violations exist due to preemption. Tossing straws as litter remains a misdemeanor under Sioux Falls Chapter 80 nuisance and littering provisions.

The rules around plastic straw rules in Sioux Falls lean permissive, but that does not mean anything goes.

The Bottom Line

Compared to many U.S. cities, Sioux Falls gives residents more room on single-use items. 3 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Sioux Falls's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.