South Dakota state law: STR occupancy limits

Typical municipal STR occupancy formulas in South Dakota (2 persons per bedroom plus 2, often capped at 10-12 overnight guests absent a special-use permit) are set by city. The South Dakota Legislature has not preempted local occupancy regulation, has not enacted a family-status nondiscrimination floor, and has not set a statewide unrelated-persons cap. State Fire Marshal occupancy classifications for mass gatherings under SDCL Chapter 34-29A and locally adopted IBC/IRC occupant-load tables govern life-safety capacity for STRs that exceed single-family dwelling use (such as event venues or wedding rentals operated as STRs). Because South Dakota is a Dillon's-Rule state, statutory cities (all SD cities other than Sioux Falls, Rapid City, and Watertown) derive STR occupancy authority from SDCL 9-29-1 (general welfare) combined with SDCL Chapter 11-4 (municipal zoning).

Exceeding the locally set STR occupancy limit is a zoning violation under SDCL Chapter 11-4 enforcement provisions and typical municipal STR ordinances; remedies include daily civil penalties and permit revocation. Exceeding life-safety occupant loads under the adopted IBC/IRC may trigger fire-marshal enforcement.