South Dakota Statewide Rule

South Dakota state law: STR noise rules

Some RestrictionsApplies statewide across South Dakota (2026)

Key Facts

State nuisance statute: SDCL 21-10-1
State noise crime: SDCL 22-18-35 (disorderly conduct - Class 2 misdemeanor)
Statewide decibel cap: None
Statewide quiet hours: None - local

Last verified: September 5, 2026

Summary

South Dakota has no statewide STR-specific noise rule. STR noise is governed by general state-law nuisance and disorderly-conduct authority (SDCL 21-10-1 nuisance, SDCL 22-18-35 disorderly conduct - unreasonable noise) plus the host city's general noise ordinance and any STR-specific quiet-hours conditions imposed by local STR permit. There is no statewide residential decibel ceiling or codified quiet-hours window applicable to STRs.

Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by: (1) Engaging in fighting or in violent or threatening behavior; (2) Making unreasonable noise; (3) Disturbing any lawful assembly or meeting of persons without lawful authority; or (4) Obstructing vehicular or pedestrian traffic; is guilty of disorderly conduct. Disorderly conduct is a Class 2 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, three or more violations of this section, within the preceding ten years, the defendant is guilty of a Class 1 misdemeanor for any fourth or subsequent offense.

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Full Breakdown

Per SDCL 21-10-1, a nuisance includes any act that 'annoys, injures, or endangers the comfort, repose, health, or safety of others' - the statutory hook for civil noise-nuisance abatement against STR operators. Per SDCL 22-18-35, disorderly conduct (a Class 2 misdemeanor) includes 'making unreasonable noise' with purpose to cause public danger or alarm - the criminal hook for guest disturbances. Typical SD municipal STR ordinances overlay these state-law baselines with: a permit-issued quiet-hours window (10 p.m. - 7 a.m. weekdays, 11 p.m. - 8 a.m. weekends being common), a property-line decibel ceiling (commonly 55 dBA day / 50 dBA night), a 24/7 local-contact responsible-party requirement, and 'three-strike' permit-revocation procedures for repeat noise complaints. Home-rule cities (Sioux Falls, Rapid City, Watertown under SDCL 6-12) have the broadest authority to enforce STR-specific noise conditions. Statutory cities rely on SDCL 9-29-1 (general welfare) combined with SDCL Chapter 11-4 (zoning) to impose STR noise conditions through the permit.

Violations & Penalties

State-level: SDCL 22-18-35 disorderly conduct is a Class 2 misdemeanor (up to 30 days jail and/or $500 fine under SDCL 22-6-2). SDCL 21-10-1 nuisance authorizes civil abatement and injunctive relief. Local: STR-permit revocation, daily civil penalties, and citation under the host city's noise ordinance (typical $100-$500 per violation, escalating for repeat offenses).

Frequently Asked Questions

What state law applies to STR guest noise complaints in South Dakota?

SDCL 22-18-35 (disorderly conduct - unreasonable noise) and SDCL 21-10-1 (civil nuisance). Both impose general standards; specific decibel limits and quiet-hours windows are set by local ordinance.

Is there a statewide quiet-hours window for SD STRs?

No. South Dakota state law does not set a codified quiet-hours window. Each city establishes its own (typically 10 p.m. - 7 a.m. weekdays). Verify with the host municipality.

Can guests be cited under state law for an STR party?

Yes. Per SDCL 22-18-35, unreasonable noise with purpose to cause public alarm is a Class 2 misdemeanor (up to 30 days jail / $500 fine). Local noise-ordinance citations are typically issued in addition.

Sources

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