Can you keep backyard chickens in South Dakota?
Selling baby or started poultry in South Dakota needs a hatchery or dealer permit (ARSD 12:68:13:24); whether other keepers must register wasn't established. Your county or municipality may zone, so check yours.
Read from 12 official sources28 passages quotedChecked October 26, 2026
At a glance
Registering your flock
Where hens can live
Bird-flu housing orders
Welfare rules
Who decides where hens can live
The state law we read gives a named local body its own powers over where hens can live. What the checked sources say:
- To promote health, safety or the general welfare, a South Dakota board of county commissioners may adopt a zoning ordinance regulating and restricting the location and use of buildings, structures and land for trade, industry, residence, flood plain or other purposes. The governing body of any municipality may do the same for its community, in accordance with a comprehensive plan.
- Every municipality may regulate or prohibit dogs, animals and poultry running at large, and may declare what is a nuisance and prevent, abate and remove it.
No statewide permission or ban on keeping chickens is established by this finding. Your county or municipality may zone, so check with it. No state limit on local poultry rules was found in the sections read; this page doesn't cover any state agricultural nuisance or right-to-farm provisions, or local ordinances.
The law's own words are quoted under state rules on keeping poultry below.
How to check: Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
A sourced reading of South Dakota's state law, not legal advice. Local ordinances and zoning, HOA rules, and any local rooster or coop limits aren't covered here yet: check your local code before you get hens.
Keeping your flock
These findings cover the national or state scope stated below. They do not determine whether chickens are allowed at a particular home. City zoning, property restrictions and other local rules are outside this research.
Registering as a poultry keeper
Conditions apply to this finding
Jurisdiction: South Dakota
Applies to: South Dakota Codified Laws chapters 40-3 and 40-5, the Animal Industry Board rules in Administrative Rules article 12:68, and the Board’s Poultry Permits page, as checked on 26 October 2026.
Outside this finding's scope
- Apart from the permit needed to sell baby or started poultry and the Board’s page statement on hatcheries, breeding flock facilities and chick sales or stores, no registration duty for people who keep poultry was found in those laws and rules. This is not proof that none exists.
What the checked sources say
- Selling young birds needs a permit: no person may sell baby poultry (newly hatched, not yet fed or watered) or started poultry (fed and watered, under six months old) without a hatchery or dealer permit. In these rules, poultry means all domestic fowl and any nondomestic or game bird raised in captivity.
- The Animal Industry Board’s Poultry Permits page says hatcheries, breeding flock facilities and chick sales or stores in South Dakota must be permitted with the Board.
- State law lets the Board set up programs to identify animals and premises involved in animal movements.
Authority: South Dakota Animal Industry Board
Fee: Not established from the sources checked.
The official wording
No person may sell baby poultry or started poultry without a hatchery or dealer permit.
ARSD 12:68:13:24 · Checked
"Poultry," all domestic fowl and any nondomestic or game bird raised in captivity;
ARSD 12:68:01:01(20) · Checked
"Baby poultry," newly hatched poultry that have not been fed or watered;
ARSD 12:68:01:01(2) · Checked
"Started poultry," poultry that have been fed and watered and are less than six months of age;
ARSD 12:68:01:01(25) · Checked
Hatcheries, breeding flock facilities, and chick sales/stores in South Dakota are required to be permitted with the AIB.
The Animal Industry Board may develop and implement specific programs for the identification of animals and premises involved in animal movements.
SDCL 40-3-27, first sentence · Checked
Bird-flu housing orders
Current status needs rechecking
Check the official current-status pageOrders can change between checks. A missed check or an expired order does not establish that no order applies.
Housing-order finding as checked on 2026-10-26
The scope and conditions below are a dated record, not confirmation of today's position.
Conditions apply to this finding
Uses housing orders in this scope: Yes, according to the checked evidence, within the limits listed under “Outside this finding’s scope” below.
Jurisdiction: South Dakota
Applies to: The quarantine powers of South Dakota’s Animal Industry Board (Codified Laws 40-5-8, 40-5-8.2 and 40-5-13). In Title 40, “livestock” and “domestic animals” include poultry unless a different intention is clearly implied, and poultry includes chickens, turkeys, ducks, geese and other game birds raised in captivity, but not pigeons or doves (40-3-10).
Outside this finding's scope
- These powers do not in terms require birds to be kept indoors, and this finding does not establish that any quarantine or order applies now.
What the checked sources say
- The Board may inspect, examine, test and quarantine any animal, or any geographic area in the state, if necessary to control, prevent or eradicate a threat to the health and well-being of the state’s animal industry. Once the owner or keeper of an animal has written notice that a quarantine is established, the Board may take any action necessary to control and eradicate contagious disease among domestic and nondomestic animals.
- Removing an animal from its place of quarantine, or putting another animal there, without the Board’s written consent before the quarantine is released is a Class 1 misdemeanor, and a second or later violation is a Class 6 felony. The Board must use its quarantine powers over the smallest geographic area reasonably necessary to control or eradicate disease.
- Current mandatory housing status remains unconfirmed; check the Animal Industry Board’s poultry health page.
- Checked
- Recheck due
Historical evidence, as checked
These quotations record what was checked on the dates shown. They do not confirm an order's current status.
In Title 40, the terms "livestock," "domestic animals," and "nondomestic animal" include poultry, unless a different intention is clearly implied. The term "poultry" includes chickens, turkeys, ducks, geese, and any other game bird raised in captivity, excluding pigeons and doves.
SDCL 40-3-10 · Checked
The Animal Industry Board may inspect, examine, test, and quarantine any animal or any geographic area within the state if necessary to control, prevent, or eradicate any threat to the health and well - being of the animal industry of the state, including domestic and nondomestic animals.
SDCL 40-5-8.2 · Checked
If written notice is given to the owner or keeper of any animal that a quarantine is established, the Animal Industry Board may take any action necessary to control, prevent, suppress, and eradicate any contagious, infectious, epidemic, and communicable disease and infestation of destructive parasites among the domestic and nondomestic animals of this state.
SDCL 40-5-8, first sentence · Checked
It is a Class 1 misdemeanor for any person to remove any animal which has been placed in quarantine, pursuant to the provisions of §§ 40-5-8 to 40-5-12, inclusive, from the place of quarantine or to place another animal therein, without the written consent of the Animal Industry Board, until such quarantine has been released by the board.
SDCL 40-5-13, first sentence · Checked
However, the board shall exercise its regulatory and quarantine powers in a manner that affects the minimum geographical area reasonably necessary to control or eradicate disease.
SDCL 40-3-14, last sentence · Checked
Poultry Health
AIB Poultry Health page, heading · Checked
Any second or subsequent violation of this section is a Class 6 felony.
SDCL 40-5-13, second sentence · Checked
Small-flock welfare minimums
Conditions apply to this finding
Jurisdiction: South Dakota
Applies to: South Dakota’s cruelty, abuse and neglect offenses (Codified Laws chapter 40-1), where an animal is any mammal, bird, reptile, amphibian or fish other than humans (40-1-1), with the exemptions in 40-1-17.
Outside this finding's scope
- Chapter 40-1 is not to be read to interfere with an animal under the direct and proper care of a licensed veterinarian, or with people engaged in standard and accepted agricultural pursuits or animal husbandry practices. Any usual and customary practice in producing food, feed or fiber (including all parts of the livestock industry), or in the boarding, breeding, competition, exhibition, feeding, raising, service work, showing, training, transportation and use of animals, is also exempt, among other listed exemptions. Whether a backyard flock falls under these was not established.
- The sections read set no numerical space standard for poultry.
What the checked sources say
- Anyone who owns or is responsible for the care of an animal may not neglect, abandon or mistreat it (a Class 1 misdemeanor). Neglect means failing to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered standard and accepted for the animal’s health and well-being, consistent with its species, breed, physical condition and type.
- Subjecting an animal to cruelty is a Class 6 felony.
The official wording
Terms used in chapters 40-1 and 40-2, mean:
SDCL 40-1-1, opening · Checked
(2) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
SDCL 40-1-1(2) · Checked
(10) "Neglect," to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;
SDCL 40-1-1(10) · Checked
No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal, except that any person may abandon a feral cat for which the person assumed responsibility with the sole purpose of spaying or neutering the cat. A violation of this section is a Class 1 misdemeanor.
SDCL 40-1-2.3 · Checked
No person may subject an animal to cruelty. A violation of this section is a Class 6 felony.
SDCL 40-1-2.4 · Checked
Nothing in this chapter or chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits or animal husbandry practices.
SDCL 40-1-17, first sentence · Checked
In addition, the following are exempt from the provisions of this chapter and chapter 40-2: (1) Any usual and customary practice; (a) In the production of food, feed, or fiber, including all aspects of the livestock industry; (b) In the boarding, breeding, competition, exhibition, feeding, raising, service work, showing, training, transportation, and use of animals;
SDCL 40-1-17(1)(a)-(b) · Checked
National or state rules on keeping poultry
Conditions apply to this finding
Jurisdiction: South Dakota
Applies to: South Dakota county zoning (Codified Laws 11-2-13, adopted by the board of county commissioners), municipal zoning (11-4-1 and 11-4-3), and municipal powers over poultry running at large (9-29-12) and nuisances (9-29-13).
Outside this finding's scope
- No statewide permission or ban on keeping chickens is established by this finding. Your county or municipality may zone, so check with it. No state limit on local poultry rules was found in the sections read; this page doesn't cover any state agricultural nuisance or right-to-farm provisions, or local ordinances.
What the checked sources say
- To promote health, safety or the general welfare, a South Dakota board of county commissioners may adopt a zoning ordinance regulating and restricting the location and use of buildings, structures and land for trade, industry, residence, flood plain or other purposes. The governing body of any municipality may do the same for its community, in accordance with a comprehensive plan.
- Every municipality may regulate or prohibit dogs, animals and poultry running at large, and may declare what is a nuisance and prevent, abate and remove it.
The official wording
For the purpose of promoting health, safety, or the general welfare of the county the board may adopt a zoning ordinance to regulate and restrict
SDCL 11-2-13, opening · Checked
and the location and use of buildings, structures, and land for trade, industry, residence, flood plain, or other purposes.
SDCL 11-2-13 (end) · Checked
"Board," the board of county commissioners;
SDCL 11-2-1 · Checked
For the purpose of promoting health, safety, or the general welfare of the community the governing body of any municipality may regulate and restrict
SDCL 11-4-1, opening · Checked
and the location and use of buildings, structures, and land for trade, industry, residence, flood plain, or other purposes.
SDCL 11-4-1, first sentence (end) · Checked
Such regulations shall be made in accordance with a comprehensive plan
SDCL 11-4-3, opening · Checked
Every municipality shall have power to regulate or prohibit the running at large of dogs, animals, and poultry,
SDCL 9-29-12 · Checked
Every municipality shall have power to declare what shall constitute a nuisance and prevent, abate, and remove the same.
SDCL 9-29-13 · Checked
Bird flu right now? PoultryPal's bird-flu tracker for South Dakota has the latest we've checked.
Next door
Every state on the map →Common questions
- Do I have to register backyard chickens in South Dakota?
- Registration: conditions apply. The finding covers: South Dakota Codified Laws chapters 40-3 and 40-5, the Animal Industry Board rules in Administrative Rules article 12:68, and the Board’s Poultry Permits page, as checked on 26 October 2026. Outside this finding's scope: Apart from the permit needed to sell baby or started poultry and the Board’s page statement on hatcheries, breeding flock facilities and chick sales or stores, no registration duty for people who keep poultry was found in those laws and rules. This is not proof that none exists. Authority: South Dakota Animal Industry Board.
- Can I keep chickens in my backyard in South Dakota?
- The state law we read gives a named local body its own powers over where hens can live. To promote health, safety or the general welfare, a South Dakota board of county commissioners may adopt a zoning ordinance regulating and restricting the location and use of buildings, structures and land for trade, industry, residence, flood plain or other purposes. The governing body of any municipality may do the same for its community, in accordance with a comprehensive plan. Every municipality may regulate or prohibit dogs, animals and poultry running at large, and may declare what is a nuisance and prevent, abate and remove it. No statewide permission or ban on keeping chickens is established by this finding. Your county or municipality may zone, so check with it. No state limit on local poultry rules was found in the sections read; this page doesn't cover any state agricultural nuisance or right-to-farm provisions, or local ordinances. Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
- Do I have to keep my hens indoors for bird flu in South Dakota?
- Housing orders come and go, so we never show one as current. This page links the official status page to check today. PoultryPal's bird-flu tracker page for South Dakota has the latest we've checked.
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