South Dakota Statewide Rule

South Dakota Plastic Bag Preemption Framework

Few RestrictionsApplies statewide across South Dakota (2026)

Key Facts

Statewide Plastic: No statewide plastic bag ban
Statewide Preemption: No statewide preemption statute
Sdcl 9-32: SDCL 9-32 governs municipal solid waste authority
Dillon's Rule: Dillon's Rule limits city packaging regulation
South Dakota: No South Dakota city has enacted a bag ban

Last verified: September 5, 2026Source: South Dakota Legislature

Summary

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.

The provisions of chapter 34A-7 relating to beverage containers, garbage bags, and garbage can liners, auxiliary containers, and § 34A-6-68 relating to uniform recycling codes for plastic containers, preempt all laws by any other political subdivision of the state relating to auxiliary containers, beverage containers, garbage bags, straws used for beverage consumption, or plastic packaging materials. No other political subdivision of the state may enact any law restricting the use in commerce of auxiliary containers, beverage containers, garbage bags, straws used for beverage consumption, or plastic packaging materials. Nothing in §§ 34A-6-59 to 34A-6-92, inclusive, may be construed to limit a political subdivision from allowing or requiring specially designated garbage bags for the purpose of identifying volume or type of waste or restricting the use of glass bottles and containers within park or recreation sites and facilities due to public safety concerns.

Source: South Dakota LegislatureView official code

Full Breakdown

Under SDCL Title 9 Chapter 32 and SDCL 9-29 governing municipal powers, cities may regulate solid waste collection but lack express authority to ban auxiliary containers like plastic bags. Although South Dakota has not passed an explicit auxiliary container preemption statute like neighboring states, no city has enacted a plastic bag ban, and local ordinances regulating retail packaging would face challenges under Dillon's Rule limiting municipal authority to expressly granted powers.

Violations & Penalties

If a city enacted a plastic bag ban, retailers could challenge it as ultra vires; courts would assess authority under Dillon's Rule and SDCL 9-32 solid waste provisions.

Frequently Asked Questions

Can a South Dakota city ban single-use plastic bags?

Authority is uncertain. SDCL 9-32 grants solid waste powers but not express authority over retail packaging, raising preemption and Dillon's Rule concerns.

Does South Dakota tax plastic bags?

No. There is no state-level plastic bag fee or tax, and no city has implemented one as of 2026.

Sources

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