South Dakota Chickens & Livestock (2026)

Key Facts

Statute: SDCL 21-10-25.2
Scope: Statewide nuisance shield
Applies to: Pre-existing ag operations
Local zoning: Still allowed in cities

Full Breakdown

SDCL 21-10-25.2 declares that agricultural operations are not nuisances if they existed before changing conditions in the locality and were not nuisances at establishment. This statewide protection covers livestock, poultry, dairy, and similar farm uses. The statute limits municipal and county regulation that would treat lawful agricultural activity as a nuisance. However, cities retain zoning authority over residential chicken keeping inside corporate limits, and the protection does not override health, water-quality, or animal-cruelty laws. Counties may also adopt ordinances regulating concentrated animal feeding operations under SDCL 11-2.

Violations & Penalties

Nuisance suits against protected agricultural operations are barred. Plaintiffs may be liable for the operator's costs and attorney fees if a court finds the suit frivolous.

Frequently Asked Questions

Does this law let me keep backyard chickens in any South Dakota city?

No. The right-to-farm law protects existing agricultural operations from nuisance suits. Municipalities may still adopt zoning rules limiting urban chicken keeping inside city limits.

Can a neighbor sue me over odors from my livestock?

If your operation was established before the neighbor's complaint and follows accepted practices, SDCL 21-10-25.2 generally bars private nuisance suits over odor, noise, dust, or flies.

South Dakota Right-to-Farm Livestock Protections