Skip to content
Animal of Things
Dogs · 12 mins read

Dangerous Dog Breeds Banned in South Dakota: What the Law Says

Sarah Mitchell

Sarah Mitchell

November 4, 2026

Dangerous Dog Breeds Banned in South Dakota
Spread the love for animals! 🐾

If you are searching for dangerous dog breeds banned in South Dakota, the short answer is that there are none. State law stops every city, town, and county from banning or restricting a dog because of its breed. That has been true since July 1, 2014, and it makes South Dakota one of the more breed-friendly states in the country.

The full picture has a few more layers, though. Some towns used to have breed bans, landlords and insurers still set their own breed rules, and a dog can still be declared dangerous based on what it does. This article walks you through each of those pieces so you know where you stand, whether you own a pit bull, a Rottweiler, or a mixed-breed rescue.

Key Insight: South Dakota regulates dog behavior, not dog breeds. A dog’s label does not make it illegal, but a dog’s actions can still bring legal consequences for you.

Are Dangerous Dog Breeds Banned in South Dakota?

No. No dog breed is banned in South Dakota at the state level or the local level. Under South Dakota Codified Law 40-34-16, local governments are not allowed to ban any dog breeds, but they are allowed to pass regulations relating to all dogs.

Breed-tracking sites agree. World Population Review’s 2026 table lists South Dakota’s breed-specific legislation status as prohibited, with no restrictions on pit bulls, Rottweilers, or any additional breeds. You can see the state comparison to check how neighboring states differ.

The only animals South Dakota bans as pets are not domestic dog breeds. One regional report names the feral pig as one of just two animals illegal to keep, alongside the raccoon dog. If you are curious about other restricted animals, the guide on owning a fox in South Dakota covers a related question.

Does South Dakota Have a Statewide Dog Breed Ban?

No, South Dakota has no statewide breed ban of any kind. The state has gone the opposite direction by blocking local governments from creating one. Pit bulls are legal throughout the state without statewide bans or restrictions targeting specific breeds.

If you want a quick national comparison, our overview of banned dog breeds shows how South Dakota sits against states that still allow local bans. South Dakota is firmly on the permissive side.

Can Cities and Counties in South Dakota Ban Dog Breeds?

No. The statute is direct about this. No local government may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. That covers bans, restrictions, special licensing, and any “vicious breed” lists.

Local governments do keep one power. The law does not impair their right to enact any regulation that applies to all dogs. A city can require leashes, licenses, vaccinations, or limits on the number of pets for every dog, as long as the rule does not single out a breed.

For a closer look at those all-dog rules, see the pages on residential zoning pet limits and pet vaccination laws in South Dakota.

Cities and Counties in South Dakota With Breed Bans or Restrictions

No city or county can legally keep a breed ban or restriction in force today. Several towns did have one before the state law took effect. The Mitchell Republic listed Marion (2002), Spencer (2007), Webster (2007), Sturgis (2008), Leola (2009), Mobridge (2009), and Oacoma as towns that enforced breed bans before the new law.

TownYear of Original Rule
Marion2002
Spencer2007
Webster2007
Sturgis2008
Leola2009
Mobridge2009

Oacoma was also named in that report, though the snippet available does not give its year. Sturgis is a good example of the shift. Sturgis placed tough restrictions on pit bulls in 2008, following a series of high-profile attacks involving the breed. Those rules can no longer be enforced.

Important Note: Old ordinances sometimes stay on a town’s books after a state law overrides them. If you see an old breed rule in a municipal code, it is not enforceable under SDCL 40-34-16. Call the town clerk if you want it confirmed.

Dog Breeds Most Often Banned or Restricted in South Dakota

In practice, no breeds are banned in South Dakota today. The question is really about which breeds were targeted in the past, and which ones landlords and insurers still list. Before the state law, breed bans typically targeted rottweilers, doberman pinschers, bullmastiffs, German shepherds, bull terriers, and pit bulls.

Spencer’s 2007 rule shows how broad local lists could get. Spencer banned doberman pinschers, rottweilers, wolves, blue heelers, and Staffordshire bull terriers, also known as “pit bulls.” Nationally, PetPlace reports that pit bulls were targeted in 96% of BSL ordinances, Rottweilers in 13%, and wolf-dog hybrids in 11%.

Today, the breeds most likely to cause you trouble are the ones on private lists, such as pit bulls, Rottweilers, Dobermans, and Chows. Those restrictions come from lease terms and insurance policies, not from the government.

Dog Breed Bans vs. Breed Restrictions in South Dakota

A ban says you cannot own a breed at all. A restriction lets you own the dog but adds conditions, such as muzzling, special fencing, sterilization, or extra insurance. South Dakota’s law blocks both when they are tied to breed.

Rule TypeWhat It DoesAllowed in South Dakota?
Breed ban by a city or countyProhibits owning a named breedNo
Breed restriction by a city or countyAdds conditions for a named breedNo
Rule that applies to all dogsLeashes, licenses, vaccinationsYes
Landlord or HOA breed ruleLease or covenant termsYes (private rule)
Insurer breed exclusionPolicy coverage termsYes (private contract)

The pattern is simple. Government bodies cannot use breed as a category, while private parties still can. Keep that split in mind for the housing and insurance sections below.

How South Dakota Defines a Dangerous Dog (Behavior, Not Breed)

South Dakota looks at what a dog has done. Rather than targeting specific breeds, the state focuses on the behavior of individual dogs when determining whether an animal poses a danger to the community. That means a Labrador that bites can be treated more seriously than a pit bull that never has.

The legal weight of breed is also limited in court. An owner’s pit bull or another commonly stereotyped breed cannot be treated as automatically dangerous simply because of its breed label in a South Dakota courtroom.

The consequences for a declared dog can be serious. A dog that has bitten someone, attacked another animal, or shown threatening behavior may face secure confinement, muzzling in public, mandatory liability insurance, and in severe cases, euthanasia orders. Local rules add detail. In Pennington County, an animal finally declared potentially dangerous by any county, municipality, or state agency stays subject to those provisions for life, and the owner must notify animal control within 10 days of moving it into the county.

Civil liability follows a similar logic. South Dakota has no official dog bite statute, but a one-bite rule holds owners liable if they knew or should have known their dog would be dangerous. The explainer on dangerous dog declarations in South Dakota and the breakdown of dog owner liability go deeper on both.

How Breed Bans in South Dakota Treat Mixed-Breed Dogs

Because no breed bans exist, a mixed-breed dog cannot be excluded for looking like a banned breed. The statute covers more than recorded breed. It applies to ordinances specific to the “breed or perceived breed” of a dog. That wording protects dogs whose parentage is a guess.

Enforcement problems were part of the reason the old rules faded. One local official in the Mitchell Republic story said such laws were hard to enforce, noting that a dog may be a percentage of rottweiler and lab, which makes it difficult to apply the rule. Shelter staff often cannot name a mixed dog’s breed with confidence either.

Private rules are different. Many leases ban any dog that appears to be a restricted breed, even without documented parentage. If you have a mixed dog, expect a landlord to judge by looks.

Exemptions and Grandfathered Dogs Under South Dakota Breed Rules

You do not need an exemption or grandfather clause, because the old local rules no longer apply to anyone. A dog that was banned in Spencer or Sturgis before 2014 can now live there legally. If you own a pit bull or other breed that was previously restricted, you now have more freedom.

One carve-out matters, and it is about behavior, not breed. A dog already declared dangerous or potentially dangerous stays under those restrictions no matter what its breed is. The Pennington County language above shows that such designations can follow a dog for life.

Another point to note is the effective date. Senate Bill 75 took effect on a Tuesday after Gov. Dennis Daugaard signed it in March. Sources agree on the July 1 start, but they disagree on the year: some say 2014, and one says 2015. Two sources tie SB 75 and the 2014 date together, and a state-by-state tracker also lists South Dakota as 2014.

Important Note: One source on pit bull laws gives July 1, 2015, as the effective date. Most sources, including the state-law tracker above, point to 2014. The practical result is the same today: local breed rules are void.

Breed Restrictions by Landlords, HOAs, Insurers and Military Housing in South Dakota

This is where breed rules still bite. Even where a breed is legal to own anywhere in the state, a private landlord can still write breed exclusions into an individual lease. The state law only limits governments.

Insurance is usually the reason. One Sioux Falls property management company says it restricts Dobermans, Rottweilers, Chows, and Pit Bulls because many property liability policies will not cover injury caused by these breeds. Homeowners insurance works the same way, so ask your insurer about breed exclusions before you adopt.

Here is what to check in each setting:

  • Landlords: Read the pet addendum for breed lists, weight caps, and “mix” clauses.
  • HOAs: Review covenants and bylaws, since they bind you as a private agreement.
  • Insurers: Ask in writing whether your breed or mix is excluded or surcharged.
  • Military housing: Base housing offices set their own policies, and some government organizations such as the U.S. Army and Marine Corps have taken administrative action on breeds. Confirm with your housing office before you move in.

Pro Tip: Assistance animals are treated differently. Landlords cannot enforce breed restrictions, weight limits, or size requirements on a service animal or ESA, because it is considered a disability accommodation, not a pet. See the guides on ESA housing laws and emotional support animal laws for details.

Moving to South Dakota With a Restricted Dog Breed

If you are bringing a pit bull, Rottweiler, or other breed that is restricted where you live now, South Dakota is an easy landing spot. No city can turn you away because of your dog’s breed. Your main hurdles will be housing and insurance, not the law.

Follow these steps before the move:

  1. Ask your current homeowners or renters insurer whether coverage transfers, and get quotes from insurers that do not exclude your breed.
  2. Search for pet-friendly landlords early, and ask about breed lists before you pay an application fee.
  3. Gather vaccination records, since all-dog rules still apply. The page on pet vaccination laws explains the basics.
  4. Register or license your dog with the city or county you settle in, using the same rules every dog owner follows.
  5. If your dog has a dangerous-dog designation from another jurisdiction, check local notice rules, since a Pennington County-style provision may require you to report it.

You might wonder whether a rental application can be denied over breed. Yes, a private landlord can do that. The state law protects your right to own the dog, not your right to rent any unit with it.

Can You Challenge a Local Breed Ban in South Dakota?

You rarely need to. A local breed ban is already invalid under SDCL 40-34-16, so the strongest challenge is pointing to the statute. If a town clerk, animal control officer, or council cites an old breed ordinance, you can ask them to identify the current legal basis for enforcing it.

A sensible approach looks like this:

  • Get the ordinance or notice in writing, with the section number cited.
  • Send a short letter quoting the statute and asking the city to confirm it will not enforce the rule.
  • Contact an animal advocacy group, such as the one that lobbied for the law. Best Friends Animal Society pushed for the legislation in South Dakota.
  • Talk to a local attorney if a citation or seizure has already happened.

You cannot use the state law to challenge a landlord, HOA, or insurer. Those are private contracts. If your dog is facing a behavior-based dangerous dog declaration, you would follow the local appeal process instead, and the pet custody law guide may help if ownership is disputed.

This article is general information, not legal advice. If a citation, seizure, or euthanasia order is at stake, talk to a licensed South Dakota attorney.

Recent Changes to Dog Breed Ban Laws in South Dakota

The big change was the 2014 preemption law, and nothing major has replaced it. A tracker updated in October 2026 reports that it found no new state limit on breed-specific rules passed in 2025 or 2026. That covers new laws nationally, so South Dakota’s framework looks stable.

The national direction is toward fewer breed bans. The same tracker says bans in Denver (2020), Miami-Dade (2023), and Prince George’s County, Maryland (2025) have ended. As of October 2026, it counts 22 states with a law limiting local breed-specific dog rules, ten of which block breed rules of any kind. South Dakota is among the states that block local rules in all dog regulation.

Counts differ by source. Wikipedia says anti-BSL laws have been passed in 21 of the 50 states, while other sources report different totals depending on how they classify partial restrictions. Whatever the count, South Dakota appears in every list as a state that prohibits local breed rules.

Laws can change in any session, so check the South Dakota Legislature’s current bill list if you need to be sure. Until then, the rule is simple: your dog’s breed is not grounds for a government ban in South Dakota, but its behavior still matters, and private landlords and insurers can still say no.

More content that matches your taste

Spread the love for animals! 🐾

Leave a Reply

Your email address will not be published. Required fields are marked *