Littering
SDCL § 34A-7-6 — a Class 2 misdemeanor, and up to $1,000 over five pounds
No one may dump, throw or leave litter on any public or private property, or in any river, lake, pond or stream, unless it goes in a receptacle meant for it, on property designated for it, or on property where the owner or tenant consents. Throwing litter from a motor vehicle is barred separately.
Who handles this in South Dakota: legal aid programs and the state offices, listed in the South Dakota directory.
| What happened | Penalty |
|---|---|
| What happenedLittering | PenaltyClass 2 misdemeanor: up to thirty days in the county jail, a $500 fine, or both |
| What happenedLittering from a motor vehicle | PenaltyThe same, and it also counts as a moving traffic violation |
| What happenedMore than five pounds | PenaltyA fine of up to $1,000 on top, and gathering litter for as long as the court sets |
The rest area barrel is not for household trash. No one may haul garbage from a home, business or farm and leave it in or around the trash barrels along highways or at roadside rest areas.
Whether a particular charge fits is a question for a licensed South Dakota attorney.
Sources for this section (5)
- SDCL § 34A-7-6 — Littering prohibited--Exceptions--Violation as misdemeanor
- SDCL § 34A-7-7 — Littering from motor vehicle prohibited
- SDCL § 34A-7-17 — Punishment for litter with aggregate weight of over five pounds
- SDCL § 34A-7-8 — Motor vehicle littering as traffic violation
- SDCL § 22-6-2 — Misdemeanor classes and penalties; Restitution; Misdemeanor when no penalty imposed
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.