South Dakota Ordinances (2026)

South Dakota requires apiary registration with the State Apiarist at the Department of Agriculture and Natural Resources under SDCL Chapter 38-18 (bee-disease control)…

South Dakota expressly PREEMPTS breed-specific dog regulation statewide. Per SDCL 40-34-16 (effective 2014): 'No local government, including a unit of local government with a home rule…

South Dakota regulates possession of native wildlife and certain non-domestic mammals through SDCL Title 41 (Game, Fish and Parks) and the GFP Commission's administrative rules (ARSD…

South Dakota does not have a standalone animal-hoarding statute, but hoarding is prosecuted under the general animal-cruelty and inhumane-treatment provisions of SDCL Chapter 40-1…

South Dakota does not broadly prohibit residential wildlife feeding. Baiting big game (deer, elk, antelope) for hunting is regulated under ARSD Article 41:08, but supplemental winter…

South Dakota regulates vape and e-cigarette retail sales, requiring tobacco licenses, age verification, and compliance with statewide tobacco distribution and tax statutes.

South Dakota's medical cannabis program under SDCL 34-20G licenses dispensaries statewide, but cities and counties retain authority over zoning, location, and number of establishments…

South Dakota allows registered medical cannabis cardholders to cultivate up to three plants at home under SDCL 34-20G, with state law preempting outright local bans while permitting…

Commercial drone operation in South Dakota is governed primarily by federal FAA Part 107 (Remote Pilot Certificate, aircraft registration, operating limits), state law adds only narrow…

South Dakota does NOT regulate hobby drone flight by altitude, daylight, registration, or operator-age rules at the state level beyond requiring compliance with federal FAA Part 107 /…

South Dakota sets a uniform minimum wage under SDCL 60-11 indexed annually to inflation, and local governments cannot mandate higher wages within municipal limits.

South Dakota does not impose a uniform statewide residential grading or drainage code. Grading, lot drainage, and surface-water runoff from individual parcels are governed by (1) the…

South Dakota administers a delegated NPDES stormwater program under SDCL Chapter 34A-2 (Water Pollution Control), implemented through ARSD Articles 74:51, 74:52, and 74:54. The South…

SDCL Chapter 40-28 (Partition Fences) governs shared boundary fences between adjoining agricultural landowners in South Dakota's open-range/fence-out tradition: each adjoining owner…

South Dakota is among the most fireworks-permissive states. SDCL Chapter 34-37 legalizes consumer (1.4G) fireworks, but SDCL 34-37-16.1 limits use to two windows. June 27 to the first…

South Dakota imposes no uniform statewide open-burning ban, but DANR Air Quality rules under ARSD Article 74:36 prohibit burning certain materials, restrict burn timing, and require…

South Dakota allows constitutional carry for residents 18 and older and offers enhanced and gold permits for reciprocity with other states under SDCL Title 23.

South Dakota law preempts cities and counties from regulating firearms, ammunition, and accessories beyond what state law expressly authorizes, ensuring uniform statewide gun rules.

South Dakota Department of Health licenses all food service establishments, including mobile food units, statewide under SDCL 34-18. State licensing applies in every city before any…

South Dakota confines all commercial casino gaming, slot machines, craps, roulette, keno, limited card games, and sports wagering, to the city limits of Deadwood under SDCL 42-7B-1…

South Dakota bans lotteries and gambling as a Class 2 misdemeanor, but SDCL 22-25-25 exempts bingo and lotteries run by veterans', religious, charitable, fraternal, civic, service, or…

South Dakota's general gambling statute draws no line between a friendly poker game at home and a casino. SDCL 22-25-1 makes it a Class 2 misdemeanor to place or accept a wager, or to…

South Dakota authorizes wagering on sporting events under SDCL 42-7B-1, but only inside licensed gaming establishments within the Deadwood city limits: there is no statewide mobile or…

Most South Dakota HOAs are nonprofit corporations, so governance follows SDCL ch. 47-22 to 47-28. Members may inspect all books and records for any proper purpose under SDCL 47-24-2…

South Dakota gives every homeowner a statutory right to fly the United States flag and to put up a freestanding flagpole no matter what the covenants say. SDCL 11-5-7 protects one…

South Dakota has no statute that caps an association fine, requires notice and a hearing before one is imposed, sets a cure period, or creates an automatic lien for unpaid amounts…

South Dakota has never enacted an HOA assessment lien. No statute creates one, gives it priority, sets a maximum, or supplies a foreclosure procedure. An association's lien exists only…

South Dakota places no statutory limit on an association's power to ban, cap, or condition leasing. There is no grandfathering right for an owner already renting, no minimum lease…

South Dakota's cottage food law is codified at SDCL §§ 34-18-35 through 34-18-38. Producers may sell nonperishable home processed foods (breads, candies, condiments, dry goods…

South Dakota family child care is regulated under SDCL Chapter 26-6 by the South Dakota Department of Social Services Division of Child Care Services. Family child care homes serving…

South Dakota has no microenterprise home kitchen permit, and cooking meals to order at home for the general public still requires a Department of Health food service establishment…

South Dakota does not use the phrase sobriety checkpoint anywhere in its code. What it has instead is a temporary roadblock statute, SDCL 32-33-10, enacted by SL 1961, ch 149, that…

South Dakota has no statute granting or naming a right to record law enforcement, and it has no buffer-zone offense of the kind several states added after 2022. The two questions that…

South Dakota has never enacted a general stop and identify law. A person detained on suspicion has no statutory duty to give a name, and the state's obstruction offense at SDCL 22-11-6…

South Dakota has no statute regulating consent searches of a vehicle, no duty on officers to record whether consent was asked for or given, and no rule that legal possession of…

South Dakota imposes no statewide mandate or prohibition on native plant landscaping. The one substantive constraint is SDCL Chapter 38-22 noxious weed control: even natural or prairie…

South Dakota's prior-appropriation water-rights system under SDCL Title 46 does not prohibit residential rainwater collection. SDCL 46-1-6 exempts ordinary domestic use from…

South Dakota has NO statewide tree-removal permit, diameter threshold, or replacement-tree mandate for private residential property. Tree-removal regulation is entirely delegated to…

SDCL § 38-22-23.13 lets a county weed and pest board confirm an infestation by resolution and order the landowner to meet minimum remedial requirements at the owner's own expense…

South Dakota runs two separate schemes. A golf cart, defined by SDCL 32-14-13 as a four wheeled vehicle originally and specifically designed to carry people and golf clubs on a golf…

South Dakota has no statewide aircraft-noise ordinance; manned-aircraft noise is preempted by federal law (49 USC 40103). For drones, SDCL Chapter 50-15 sets only narrow rules (FAA…

Per SDCL 32-15-6, every motor vehicle on a South Dakota highway must be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise…

Per SDCL 32-30-12, a vehicle left unattended on any public road, highway, or highway right-of-way for longer than 24 hours without notifying the sheriff, highway patrol, or municipal…

SDCL Chapter 32-30 prohibits parking in front of public or private driveways statewide. Driveway access onto state highways requires a SDDOT entrance permit under SDCL 31-28…

South Dakota has no statewide overnight on-street parking ban. The 24-hour abandoned-vehicle presumption under SDCL 32-30-12 is the statewide on-street time-presumption floor…

South Dakota sets no maximum hookup, mileage, or daily storage rate for a nonconsensual tow, requires no drop fee, and mandates no warning signs at private lots. What it does regulate…

South Dakota evictions run under the forcible-entry-and-detainer chapter, SDCL 21-16. In 2024 (SL 2024, ch 75) the legislature repealed the statutory 3-day notice to quit (former SDCL…

SDCL 43-32-8 requires every residential landlord to keep the premises and common areas in reasonable repair and fit for human habitation, including working electrical, plumbing, and…

South Dakota does not require just cause for eviction. State law in SDCL Chapter 21-16 governs forcible entry and detainer actions, and landlords may terminate month-to-month tenancies…

Under SDCL 43-32-32, a South Dakota landlord must give the tenant reasonable notice of intent to enter and enter only at reasonable times. Twenty-four hours' written notice is presumed…

Under SDCL 43-8-8, a South Dakota landlord ends a tenancy at will on not less than 15 days' written notice (two months if the tenant or a family member is on active military duty)…

South Dakota expressly preempts local rent control. SDCL 6-1-13 bars any local governmental unit from enacting, maintaining, or enforcing any ordinance or resolution that would control…

South Dakota has no rent-control statute and sets no cap on rent increases. For a month-to-month tenancy, a landlord changes rent through the lease-modification rule in SDCL 43-32-13…

South Dakota caps a residential security deposit at one month's rent (larger by written agreement when special conditions endanger the premises). Under SDCL 43-32-24, the landlord must…

South Dakota adverse possession generally requires 20 years of possession: SDCL 15-3-1 bars an action to recover real property unless the owner was 'seized or possessed' within 20…

South Dakota counties zone agricultural land under SDCL 11-2, balancing local control with state Right to Farm protections that limit zoning's ability to restrict farms.

South Dakota has no statewide statute distinguishing extended-stay home-share rentals (30+ days), traditional residential leases, and short-term rentals. SDCL Chapter 43-32 (Lease of…

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…

South Dakota does NOT impose statewide STR parking standards. SDCL Chapter 32-30 sets the statewide baseline rules on stopping, standing, and parking (intersection, crosswalk, hydrant…

South Dakota has no statewide STR permit fee, but lodging stays (including Airbnb/Vrbo) are subject to a layered tax burden: 4.2% state sales tax (SDCL 10-45), up to 2% municipal sales…

South Dakota has NO codified statewide political-sign statute. SDCL Chapter 31-29 (Advertising Adjacent to Highways) regulates commercial outdoor advertising along interstate and…

South Dakota's municipal authority under SDCL 9-32 does not authorize cities to ban plastic bags, and statewide policy favors uniform commerce rules without local plastic restrictions.

South Dakota prohibits tobacco and vapor product sales to anyone under 21, aligning state law with federal Tobacco 21 standards under SDCL 34-46-2.

South Dakota criminalizes illegal dumping under SDCL 34A-6-87 with quantity-based tiers: under 10 lbs is littering (Class 2 misdemeanor under SDCL 34A-7-6); 10–2,000 lbs is illegal…

South Dakota PROHIBITS disposal of yard waste in any solid waste landfill statewide under SDCL 34A-6-67, effective since 1995. Leaves, grass clippings, and similar vegetative material…

South Dakota's Endangered and Threatened Species Act (SDCL Chapter 34A-8) DOES extend to plants. SDCL 34A-8-9 makes it a Class 2 misdemeanor to 'take, possess, transport, import…

South Dakota lets any motor vehicle carry up to three auxiliary driving lamps on the front, mounted between twelve and twenty-four inches above the road surface, under SDCL 32-17-17…

South Dakota has no statute naming dash cameras and no designated windshield zone for them. What governs is a pair of old petty offenses in SDCL chapter 32-15, and they split on how…

Lane splitting is illegal in South Dakota. SDCL 32-20-9.3 says no person may operate a motorcycle between adjacent lanes of traffic, or between adjacent lines or rows of vehicles, with…

South Dakota has no statute or administrative rule that bans a license plate cover, frame, tinted shield or spray. The controlling provision is SDCL 32-5-98, which requires two plates…

Nothing in South Dakota law prohibits a radar detector in a private passenger vehicle. The words radar and detector appear nowhere in SDCL Title 32, the state's motor vehicle title…

South Dakota writes its studded tire rule as a closed season rather than an open one. SDCL 32-19-3 makes it a Class 2 misdemeanor to drive on a state highway with metal studs embedded…

South Dakota sets a 35 percent combined light-transmittance floor for the windshield, side wing vents and the side windows forward of or beside the driver under SDCL 32-15-2.4, and a…