Building without a permit in South Dakota

What South Dakota law says

South Dakota has no single statewide crime for building without a building permit; building permits are issued and enforced by cities and counties under their own ordinances (9-33-6, 11-10-5, 11-10-12). State law caps those local penalties: a city may seek an injunction and set penalties for an ordinance violation no greater than a Class 2 misdemeanor (9-19-3), and a county may punish each ordinance violation by a fine up to the Class 2 limit, up to 30 days in jail, or both, or sue for an injunction (7-18A-2). A Class 2 misdemeanor carries up to 30 days in county jail, a $500 fine, or both (22-6-2(2)). Cities and county commissions may also go to court to stop, correct or abate a building erected or altered in violation of a zoning ordinance (11-4-7, 11-2-34). Separately, the state itself enforces electrical and plumbing work: failing to obtain a license or to report homeowner wiring is a Class 2 misdemeanor (36-16-34), as is any violation of the plumbing chapter (36-25-30).

Cited from SDCL 9-19-3; 7-18A-2; 22-6-2(2); 9-33-6; 11-4-7; 11-2-34; 36-16-34; 36-25-30: official text. Localities enforce these rules and may add their own fees and procedures on top.

Can you get a permit after the work is done?

No South Dakota statute sets a general after-the-fact building permit process or fee multiplier; legalizing unpermitted building work is a city or county matter, backed by the courts' power to restrain, correct or abate the violation (11-4-7, 11-2-34). The state does spell out the cost of late paperwork for electrical and plumbing work it inspects. A wiring permit's white copy must reach the State Electrical Commission within 15 days of starting work, or the installer owes a $250 administrative fee (ARSD 20:44:18:03), and uncorrected inspection findings bring a correction order with another $250 fee plus reinspection charges (20:44:20:12); the statute caps late wiring permit fees at $750 (36-16-27). Plumbing work begun without filing a plumbing installation certificate draws a $100 late fee (20:53:10:02; capped at $200 by 36-25-19.1). State electrical inspectors may condemn a hazardous installation and order power to it discontinued, after notice and with a right of appeal (36-16-31).

Cited from SDCL 11-4-7; 11-2-34; 36-16-27; 36-16-31; 36-25-19.1; ARSD 20:44:18:03; 20:44:20:12; 20:53:10:02: official text.

The typical path, whatever your locality calls it: stop any ongoing work, contact the permit office before they contact you, apply for the permit describing what was actually built, and expect the office to require opening up or inspecting concealed work. Voluntarily coming forward generally goes better than waiting for a complaint or a sale to surface it.

What South Dakota permit offices charge when work starts first

The statute above sets the ceiling; the bill comes from the local office. One South Dakota jurisdiction we cover publishes a specific surcharge for work started before the permit, quoted here from the fee schedule or permit page we verified, each linked to the page that carries the citation.

• The City's Electrical Homeowner's Guide (2018 PDF) says the same in plain words: "You are allowed up to four openings within a year's time without obtaining a permit" and "A permit is always required if an electrical service panel is installed or an appliance such as furnace, air conditioner, etc., is connected." 150.214(a): "an inspection is synonymous whenever the word permit occurs"; licensed contractors obtain a permit by requesting an inspection. 150.213(a)(3): work started without a permit triggers an investigation fee equal to the permit fee, capped at $100.

  Sioux Falls · from the electrical permit page · last checked 30 Oct 2026

Jurisdictions not listed either publish no surcharge clause or publish one we could not quote from an official schedule; their permit pages state what we could verify.

Who can pull the permit

Yes, for your own home. No electrical license is needed to wire your own residence (a detached owner-occupied single-family dwelling) and its accessory structures, your own farmstead, or a single-family home you are building and will live in, but the work must be reported, permitted and inspected, and failing to report it is a Class 2 misdemeanor (36-16-15). The homeowner wiring permit is limited to one every three years, only for a home you occupy and do not rent out, and only you or your spouse may do the wiring (ARSD 20:44:18:06). No plumbing license is needed for plumbing in a home you own and occupy, or one you are building to live in, if the work meets the state plumbing code (36-25-17); a homeowner plumbing installation certificate is still required. Whether an owner may pull a local building permit is set by the city or county.

Cited from SDCL 36-16-15; 36-25-17; ARSD 20:44:18:06: official text.

Common questions about unpermitted work in South Dakota

What is the penalty for building without a permit in South Dakota?

South Dakota has no single statewide crime for building without a building permit; building permits are issued and enforced by cities and counties under their own ordinances (9-33-6, 11-10-5, 11-10-12). State law caps those local penalties: a city may seek an injunction and set penalties for an ordinance violation no greater than a Class 2 misdemeanor (9-19-3), and a county may punish each ordinance violation by a fine up to the Class 2 limit, up to 30 days in jail, or both, or sue for an injunction (7-18A-2). (SDCL 9-19-3; 7-18A-2; 22-6-2(2); 9-33-6; 11-4-7; 11-2-34; 36-16-34; 36-25-30)

Can you get a permit after the work is done in South Dakota?

No South Dakota statute sets a general after-the-fact building permit process or fee multiplier; legalizing unpermitted building work is a city or county matter, backed by the courts' power to restrain, correct or abate the violation (11-4-7, 11-2-34). The state does spell out the cost of late paperwork for electrical and plumbing work it inspects. (SDCL 11-4-7; 11-2-34; 36-16-27; 36-16-31; 36-25-19.1; ARSD 20:44:18:03; 20:44:20:12; 20:53:10:02)

Who can pull a permit in South Dakota?

Yes, for your own home. No electrical license is needed to wire your own residence (a detached owner-occupied single-family dwelling) and its accessory structures, your own farmstead, or a single-family home you are building and will live in, but the work must be reported, permitted and inspected, and failing to report it is a Class 2 misdemeanor (36-16-15). (SDCL 36-16-15; 36-25-17; ARSD 20:44:18:06)

Related situations in South Dakota

• A stop work order was posted: what it means and how to lift it
• How to find out if a permit was pulled, or report work with none
• A wall was removed without a permit
• Selling a house with unpermitted work
• Buying a house with unpermitted work

How South Dakota compares: building without a permit, state by state.

Your local permit office

Enforcement, after-the-fact fees, and the exact fix-it process are local. We cover these South Dakota permit offices:

• Sioux Falls

Official sources

• sdlegislature.gov document
• sdlegislature.gov: 20:44:18:03
• sdlegislature.gov document
• sdlegislature.gov document
• sdlegislature.gov: 20:44:18:01