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Mammals · 11 mins read

Can You Own a Monkey in South Dakota? Permit Rules, Costs, and Legal Risks

Can you own a monkey in South Dakota
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South Dakota sits in a legal gray zone when it comes to monkey ownership. The state does not issue a blanket ban on primates, but that does not mean you can simply bring one home without preparation. A web of state permit requirements, federal oversight, and local ordinances governs whether you can legally keep a monkey in the Mount Rushmore State.

Before you start searching for a primate breeder, you need to understand exactly what the law demands, which species face the tightest restrictions, and what the financial reality of primate ownership looks like. This guide walks through every layer of the legal and practical framework so you can make a genuinely informed decision.

Is It Legal to Own a Monkey in South Dakota?

South Dakota does not have a specific law that addresses the possession of great apes or an exotic pet ban. That permissive starting point has led some people to assume monkey ownership is straightforward here, but the reality is more layered. Ownership and possession of exotic animals is regulated by state laws and regulations, and under South Dakota Code § 40-2-19, it is unlawful for any person to sell, purchase, possess, or transport any wild animal unless they have a permit from the South Dakota Game, Fish and Parks Commission.

South Dakota requires possessors of “captive nondomestic mammals” to obtain a permit, and the regulations under that chapter specifically mention primates as mammals requiring a permit. So the short answer is yes, you can own a monkey in South Dakota — but only with the correct permits in place. Attempting to keep a primate without that documentation puts you in direct violation of state law.

South Dakota stands out among U.S. states for allowing ownership of certain exotic animals that other states prohibit entirely. While you can technically own bears, lions, and other nondomestic mammals in the state, there is a catch: you will need the proper permits, adequate facilities, and compliance with both state and local regulations. Owning a monkey here is more attainable than in many other states, but it is never paperwork-free.

Key Insight: South Dakota is one of roughly fourteen states where monkey ownership is not banned outright but does require a permit. Confirm your compliance at both the state and local levels before acquiring any primate.

Which Monkey Species Are Allowed or Banned in South Dakota

South Dakota does not have a specific law that addresses the possession of great apes, but there are laws that address the importation and possession of federally-listed endangered and threatened species. Generally, it is unlawful to possess a great ape in the state of South Dakota under the state’s endangered species law. This means chimpanzees, gorillas, bonobos, and orangutans are effectively off the table for private ownership.

For smaller monkey species, the picture is different. South Dakota is among the states — alongside Delaware, Kansas, Michigan, Missouri, North Dakota, Pennsylvania, Virginia, West Virginia, and Wyoming — where ownership of primates such as pygmy marmosets is possible, but only after meeting state requirements and receiving the necessary authorization.

Species commonly kept as pets — including capuchin monkeys (Cebus capucinus), marmosets (Callithrix jacchus), squirrel monkeys (Saimiri sciureus), and spider monkeys (Ateles geoffroyi) — fall under the state’s captive nondomestic mammal permit system rather than a flat prohibition. The state has strict restrictions on owning certain types of exotic animals such as big cats, primates, dangerous reptiles, and bears, and these animals are considered inherently dangerous and require special permits from both state and federal agencies.

Federal law adds another layer. Any species listed under the Endangered Species Act or regulated by the Convention on International Trade in Endangered Species (CITES) requires additional federal documentation regardless of what South Dakota permits allow. Always verify a species’ federal status before pursuing a purchase.

Permit and License Requirements for Monkey Ownership in South Dakota

You need a permit to keep nonhuman primates in South Dakota. That permit comes through the South Dakota Animal Industry Board, which oversees the captive nondomestic mammal program under SDCL Chapter 40-3. The rules may require a permit of any person possessing such animals, prescribe the application procedures for a permit, require a legal description of the premises where such animals are held, and require an inventory of such animals at the time of application. The Board also regulates the breeding, raising, marketing, and transportation of any captive nondomestic mammals.

When you apply, expect to provide a detailed description of your enclosure, proof of your ability to contain the animal safely, and an inventory of any other nondomestic mammals you already own. The statute establishes a fee for a permit which may not exceed one hundred dollars. That figure covers the state permit itself; additional fees may apply for entry or importation permits if you are bringing the animal in from out of state.

The board issues an entry permit — with no fee — as a permit allowing importation of captive nondomestic animals into South Dakota. You will need this in addition to your possession permit if you are purchasing from a breeder in another state. Federal USDA registration may also be required if you plan to breed or exhibit the animal.

Pro Tip: Contact the South Dakota Animal Industry Board directly at ARSD Chapter 12:68:18 before purchasing any primate. Permit requirements can be updated, and you want current information from the issuing agency, not a third-party summary.

Local Laws That May Still Apply in South Dakota

A valid state permit does not guarantee you are free to keep a monkey anywhere in South Dakota. Local restrictions can also exist in accordance with city or municipal ordinances. This is one of the most commonly overlooked complications for prospective primate owners in the state.

Some South Dakota cities specifically prohibit exotic animals unless lawfully permitted beforehand, but define their own lists of what constitutes an “exotic animal” separate from state classifications. You might have a valid state permit but still violate local ordinances. Sioux Falls, Rapid City, and other municipalities have animal control codes that can be more restrictive than what the state allows.

The relationship between state and local law means that state approval does not guarantee local compliance. You must satisfy both regulatory levels to legally own exotic animals. Call your city or county animal control office and ask specifically about primates before you sign any purchase agreement. Get any clearance in writing if possible.

Zoning rules can also apply. If you live within city limits, your property may be zoned in a way that prohibits keeping certain animals regardless of permit status. Rural parcels generally face fewer zoning obstacles, but that is not a universal rule. For more on how South Dakota handles exotic animal ownership broadly, see our guide on exotic pets legal in South Dakota.

Where You Can Legally Buy a Monkey in South Dakota

South Dakota does not have a large concentration of licensed primate breeders within its borders. Most buyers source monkeys from USDA-licensed breeders in other states and then import the animal under the entry permit process described above. When sourcing a primate, look for breeders who treat all primates respectfully and compassionately. Never purchase baby monkeys from a non-certified breeder; USDA certification is an important marker of legitimate, regulated operations.

Consider buying from reputable breeders for healthy monkeys, while being cautious of pet stores and private sellers due to potential quality and care concerns. A reputable breeder will provide health records, USDA paperwork, and documentation showing the animal was captive-bred rather than wild-caught. Wild-caught primates are generally prohibited under federal law and present serious disease risks.

Before finalizing any purchase from an out-of-state source, confirm that both the entry permit from the South Dakota Animal Industry Board and any applicable USDA paperwork are in order. Bringing an animal across state lines without proper documentation can trigger federal violations independent of state law. You should also verify that the seller is not offering a species protected under CITES Appendix I or II without the required export and import permits.

Important Note: Online listings for “pet monkeys” vary widely in legitimacy. Always verify a seller’s USDA license number through the USDA APHIS search tool before sending any money or signing any agreement.

What It Actually Costs to Own a Monkey in South Dakota

The purchase price is only the beginning of the financial commitment. Pet-quality capuchin monkeys vary by breeder, age, and training, with purchase prices typically ranging from $3,000 to $10,000. Smaller species like marmosets and tamarins tend to cost less at the outset, while larger or rarer species command higher prices.

Setting up a proper enclosure is a significant upfront expense. Cages often cost over $1,000 and can go up to $3,500. Monkeys also need additional items like bedding, feeding bowls, exercise equipment, and toys in their cage or enclosure, which often range between $100 and $200. A more robust indoor setup with climbing structures and secure doors can push that figure higher.

Ongoing monthly costs add up quickly. You will pay between $200 and $1,000 monthly for years to come, though this amount depends on the species you own. Food alone is a recurring line item: depending on the monkey’s species, age, and size, the food bill could range between $100 and $1,000 per month, with smaller monkeys needing small amounts of fresh fruits and vegetables at around $100 per month.

Veterinary care is where costs can spike unpredictably. Monkeys are not your average pet, so regular veterinarians often cannot offer the necessary health care. This means owners may have to find a vet specializing in treating primates. South Dakota has a limited number of exotic animal veterinary practices, so you may need to travel. Unexpected medical care and emergency funds can range from $1,000 to $5,000 or more, as exotic vet bills can be expensive.

Expense CategoryEstimated CostNotes
Purchase price (capuchin)$3,000 – $10,000Varies by species, age, breeder
Enclosure / cage setup$1,000 – $6,000Heavy-duty cage, climbing structures
State permit feeUp to $100South Dakota Animal Industry Board cap
Monthly food$100 – $1,000/moSpecies-dependent; fresh produce required
Annual vet care (routine)$300 – $1,000/yrMust use primate-experienced vet
Emergency medical fund$1,000 – $5,000+Plan for this annually
Enrichment and toys$200 – $800/yrReplacement needed regularly
Diapers (if used indoors)~$65 per 3–4 monthsMonkeys are difficult to house-train

Estimated ongoing annual costs run from $2,500 to $10,000 or more, and you should plan for higher costs in years when emergency veterinary care is needed. Monkeys are long-lived animals — capuchins, for example, can live 40 years or more in captivity — so this is a decades-long financial obligation, not a short-term one.

For context on the broader costs and commitments involved in keeping unusual animals in South Dakota, the hedgehog ownership laws in South Dakota page offers a useful comparison of how the state structures its permit and care requirements for exotic pets.

Penalties for Illegally Owning a Monkey in South Dakota

Possessing a primate without the required state permit is a violation of South Dakota law and carries real consequences. It is generally unlawful to possess a great ape in the state of South Dakota under the state’s endangered species law, and violation of that chapter is a misdemeanor. For non-ape primates, possessing them without the captive nondomestic mammal permit also exposes you to misdemeanor charges under the relevant statutes.

South Dakota law states that no person who owns or is responsible for an animal may “inhumanely treat” that animal under SDCL § 40-1-27, and violation of this law is a class 1 misdemeanor. Notably, South Dakota is just one of two states without a felony animal cruelty law, which means penalties on the cruelty side are capped at the misdemeanor level — but permit violations can carry separate charges.

Beyond criminal penalties, unpermitted animals are subject to seizure. Law enforcement and animal control agencies have the authority to confiscate an illegally held primate, and the owner bears the cost of that animal’s care during any legal proceedings. Permits, inspections, and zoonotic disease paperwork can cost $0 to $1,000 or more depending on jurisdiction, but potential fines, confiscation, and relocation costs if ownership violates local law represent significant financial and legal exposure.

Federal penalties apply separately when a species is protected under the Endangered Species Act or CITES. Those violations can result in fines of tens of thousands of dollars and, in serious cases, federal criminal charges. The combination of state misdemeanor charges, animal seizure costs, and potential federal exposure makes unpermitted primate ownership a genuinely risky proposition.

Important Note: If you are unsure whether your current situation is legally compliant, consult an attorney familiar with South Dakota wildlife law before contacting state agencies. Voluntary disclosure handled through legal counsel is a far better outcome than enforcement-triggered seizure.

South Dakota offers a more accessible path to monkey ownership than most states, but accessible does not mean simple. You must secure a permit from the South Dakota Animal Industry Board, clear any local ordinances in your city or county, comply with federal species protections, and be financially prepared for decades of specialized care. If those conditions are met, legal primate ownership in South Dakota is genuinely possible. If any layer is skipped, the legal and financial fallout can be severe.

For related reading on South Dakota’s animal regulations, see the pit bull laws in South Dakota page, and for a broader look at the state’s wildlife, explore the venomous animals in South Dakota guide.

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