South Dakota Statewide Rule

South Dakota state law: Tree removal permits

Few RestrictionsApplies statewide across South Dakota (2026)

South Dakota has NO statewide tree-removal permit, diameter threshold, or replacement-tree mandate for private residential property. Tree-removal regulation is entirely delegated to municipalities under SDCL 9-29-1 (general welfare), SDCL Chapter 9-38 (streets, sidewalks, and parkways), and SDCL Chapter 11-4 (municipal zoning); to home-rule cities under SDCL Chapter 6-12; and to counties in unincorporated areas under SDCL Chapter 11-2. The state's hands-off approach reflects South Dakota's strong private-property and small-government baseline.

Key Facts

Statute: SDCL §9-29-1; SDCL Chapter 9-38; SDCL Chapter 11-4
State permit required?: No — entirely delegated to cities and counties
State forestry agency: SD Dept of Agriculture and Natural Resources, Resource Conservation and Forestry Division (advisory only)
Private-property removal: Generally unregulated at state level; verify city ordinance
Public ROW removal: Usually requires city forestry permit (Sioux Falls, Rapid City, etc.)
Counties (unincorporated): Generally no tree-removal permit required

Last verified: 2026-06-02

Full Breakdown

South Dakota Codified Laws do NOT impose a statewide permit requirement, diameter-at-breast-height (DBH) trigger, or replacement-tree obligation for residential tree removal. The South Dakota Department of Agriculture and Natural Resources Resource Conservation and Forestry Division operates the SD Community Forestry Program and the Big Tree Register, but these are advisory/recognition programs — not regulatory. The Division has NO state-level authority to require permits for removal of trees on private residential property. Local authority flows from SDCL 9-29-1 (every municipality 'shall have power to exercise jurisdiction... for the purpose of promoting the health, safety, morals, and general welfare of the community'), SDCL 9-38 (parks, parkways, boulevards), and SDCL Chapter 11-4 (municipal zoning). Many South Dakota cities — particularly Tree City USA participants (Sioux Falls, Rapid City, Brookings, Aberdeen, Yankton, Pierre, Brandon, Mitchell, and others) — operate municipal forestry divisions that require permits for trees in the public right-of-way (boulevard/parkway strip between sidewalk and curb) and city-park trees. Private back-yard tree removal is generally unregulated. Counties almost universally do NOT require tree-removal permits in unincorporated areas; agricultural-zoned land is governed by SDCL Title 38 (forestry) and SDCL Chapter 41-21 (forestry-fire protection), neither of which requires permits for residential tree cutting.

Violations & Penalties

Statewide: there are no penalties for residential tree removal under SDCL because no permit is required. Local-ordinance penalties for unauthorized removal of a city street tree or boulevard tree are typically civil fines ($100–$500), restitution for tree value (often calculated under the ISA Trunk Formula Method), and replacement-tree requirements. Violations of a city forestry permit under SDCL 9-29-1 / 9-38 authority are commonly Class 2 misdemeanors (up to $500 and/or 30 days under SDCL 22-6-2). Removal of a state-listed endangered or threatened plant species under SDCL 34A-8-9 is a Class 2 misdemeanor regardless of location, though no South Dakota native tree species is currently on the state endangered/threatened list.

Frequently Asked Questions

Does South Dakota require a state permit to cut down a tree in my yard?

No. South Dakota Codified Laws do not require any state-level permit to remove a tree on private residential property. Any permit requirement comes from your city or county ordinance — and most South Dakota jurisdictions do not regulate removal of privately owned trees, only trees in the public right-of-way.

What about trees in the boulevard or parkway strip in front of my house?

Trees in the public right-of-way (the strip between sidewalk and curb, often called the boulevard or parkway) are typically owned by the city, not the abutting property owner, even though residents are often required to maintain them. Most South Dakota cities (Sioux Falls, Rapid City, Brookings, Aberdeen, etc.) require a forestry permit before any pruning or removal of a boulevard tree. SDCL 9-38 grants cities authority over streets, sidewalks, and parkway plantings.

Are there any state-protected tree species?

South Dakota's endangered species law (SDCL Chapter 34A-8) does extend protection to plants — SDCL 34A-8-9 prohibits taking species 'of wildlife or plants' on the state or federal endangered/threatened lists. However, no native South Dakota tree species is currently state-listed as endangered or threatened. The American elm and bur oak (state tree) have no special legal protection.

Do I need a permit to remove a tree on my farm?

No. SDCL contains no statewide forestry-cutting permit for private agricultural land. SDCL Chapter 41-21 (Forestry Fire Protection) addresses fire prevention in forested areas (primarily the Black Hills); it does not regulate harvest. Commercial timber harvest may trigger SD DANR forestry best-management-practice guidance but no permit.

Sources

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