South Dakota Statewide Rule
South Dakota state law: apiary registration with DANR (SDCL Chapter 38-18)
Key Facts
- State framework
- SDCL Chapter 38-18 (Apiaries)
- Registrar
- SD Department of Agriculture and Natural Resources
- Focus
- Bee-disease control; not zoning
- Local zoning authority
- SDCL 9-29-1 + Chapter 11-4
- Industry context
- SD/ND lead U.S. honey production
Summary
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). Residential-zoning hive density and setback rules are set by city ordinance.
Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within ten days of acquiring ownership or possession of any bees or apiary or before moving bees into the state and shall contain each location by legal description, the name of the landowner or lessee of the location, the number of colonies of bees in each apiary, and any other information required by the secretary. The landowner or lessee authorizing the placement of an apiary on a location may revoke the authorization by notifying the owner of the apiary and the secretary in writing.
Full Breakdown
Per SDCL Chapter 38-18 (Apiaries), the South Dakota Department of Agriculture and Natural Resources (DANR) State Apiarist registers commercial apiaries (defined as collections of honey bee colonies) and administers a permit and inspection system to prevent and control bee diseases, particularly American Foulbrood and Varroa mite infestations. This statewide framework regulates bee health, interstate movement of bees and used equipment, and inspector access to colonies, but does NOT set residential-zoning rules for whether and how many hives an urban or suburban beekeeper may keep on a residential lot.
Hive density caps, setback from property lines (typical 10-25 ft), flyway-barrier requirements (typical 6-ft solid barrier within 10 ft of hive openings), water-source requirements, registration with the municipality, and any hive-count limit per parcel are set by individual city or county ordinance under SDCL 9-29-1 (general welfare) and SDCL Chapter 11-4 (municipal zoning). Home-rule cities (Sioux Falls, Rapid City, Watertown) act under SDCL 6-12 charter authority. South Dakota's commercial honey industry is among the largest per capita in the United States, North and South Dakota together routinely lead the nation in honey production, and rural agricultural-zoned land broadly permits apiaries by right.
Beekeepers should (a) register their apiary with DANR under SDCL 38-18, (b) consult the local city code for residential beekeeping zoning rules, and (c) maintain hives in compliance with state bee-disease inspection requirements.
Violations & Penalties
Failure to register a commercial apiary or to comply with State Apiarist inspection or disease-quarantine orders under SDCL Chapter 38-18 is a misdemeanor with fines and potential hive destruction at owner expense. Movement of bees or used equipment from a quarantined area without permit may result in seizure. Municipal-code violations (exceeding hive counts, setback noncompliance, flyway-barrier failure) carry municipal fines and may require hive removal.
Frequently Asked Questions
Do I need to register my backyard hives with the state?
How many hives can I keep on my residential lot in South Dakota?
Are there setback requirements for hives at the state level?
Sources
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