South Dakota state law: tiny homes and minimum dwelling-size standards

South Dakota state law contains no chapter specifically authorizing or regulating tiny homes. Whether a tiny home is permitted on a parcel depends on: (1) how the tiny home is classified, and (2) the local zoning and building code. Classification pathways: (a) Tiny home on a permanent foundation, built to the IRC — treated as a single-family dwelling subject to local zoning minimum-lot-size and minimum-dwelling-size standards. South Dakota has no statewide minimum dwelling square footage, but many local zoning codes impose minimums (often 600–1,000 sq ft) that effectively exclude smaller tiny homes unless the local code adopts IRC Appendix Q (Tiny Houses, which provides modified loft/ceiling-height/egress standards for dwellings ≤400 sq ft); (b) Tiny home on wheels (THOW) with HUD certification — regulated as a manufactured home under SDCL Chapter 34-34A and the U.S. HUD Code, subject to local zoning rules on where manufactured homes may be sited (some SD cities restrict manufactured homes to manufactured-home parks or specific zones); (c) THOW titled as a recreational vehicle (RV) under SDCL Title 32 Chapter 3 — typically requires the structure to be built to ANSI A119.5 (Park Model RV) or NFPA 1192 (Recreational Vehicle) standards. SDCL Chapter 32-3 governs titling and registration; siting an RV-classified tiny home as a permanent residence is generally prohibited outside of a licensed campground or RV park under local zoning. SDCL Chapter 32-7A regulates manufactured homes and RVs for sales/dealer purposes. South Dakota Department of Labor and Regulation Building Codes Division does NOT impose a uniform statewide residential code — each city and county adopts its own version of the IRC. Municipalities authorized under SDCL Chapter 11-4 (and SDCL Chapter 6-12 for home-rule cities) set the operative dwelling-size minimum and the operative manufactured-home/RV-siting rule. Counties act under SDCL Chapter 11-2 in unincorporated areas.

Siting a tiny home in violation of local zoning (e.g., placing an RV-classified THOW on a residential lot as a permanent dwelling where prohibited) is a zoning code violation. Typical enforcement: notice of violation, daily fines, and an order to remove the structure or to come into compliance (e.g., by securing a building permit and converting the structure to a permanent foundation meeting IRC). Occupied dwellings without certificates of occupancy may be declared unsafe and abated under SDCL Chapter 9-32 (municipal nuisance) and SDCL 21-10-1.