South Dakota Economic Development

Governor's Office of
Economic Development
711 E Wells Ave
Pierre, SD 57501
P: 800-872-6190
email: goedinfo@state.sd.us

 

 

 


Business Start-Up Packet

Step 8: Licensing and Registering Your Business

South Dakota state government recognizes that registration, licensing and reporting requirements can place a burden on a business owner who has limited time and resources to spend away from his or her new business.  Therefore, we have compiled a listing of various licensing and reporting areas that may assist you in this process.

Failure to license a business according to requirements can result in penalties being imposed by a particular department.   The penalty will vary according to department regulations.

Included in this section is a listing of the licenses for the following agencies:

 

In addition to basic licensing guidelines, various departments have additional requirements that new businesses need to follow.  Local cities and agencies also may have certain licensing requirements that you may need to inquire about.

Questions on licensing and other requirements should be directed to the responsible department or agency.

 

South Dakota Animal Industry Board
411 S. Fort Street
Pierre, SD 57501
(605) 773-3321

 

 

Auction Market License
Owners of livestock auctions need to be licensed prior to selling any livestock.
Duration: 1 year       
Cost:   $100

Livestock Dealers License
Any person who engages in the buying and selling of animals must be licensed.
Duration: 1 year                                            
Cost:   $50

Rendering Plant License
Any person who operates a business for the purpose of disposing of dead animals, hides, etc. must be licensed.
Duration: 1 year                                            
Cost:   $25

Meat Plant
Any meat plant needs to have the facilities and equipment inspected prior to operating and needs to be licensed with the South Dakota Animal Industry Board.
Duration: 1 year                                            
Cost:  Slaughter $100
            Processing $100
            Custom $50
             Retail $20

Contract Hauler Permit
Any person who maintains a contract with a licensed rendering establishment from South Dakota or from another state for the transport of carcasses to such rendering establishment or for the transport of carcasses to or from a collection station.
Duration: 1 year                                            
Cost: NONE

 

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Department Of Agriculture
Division of Agricultural Services
Foss Building – Third Floor
Pierre, SD 57501
(605) 773-3724

 

Resident Nurseryman/Nursery Stock Dealer/Other
The nursery stock, etc. needs to be inspected and a certificate of inspection displayed.
Duration: 2 years                                          
Cost:   $150 + $4 per acre

 

Export Inspection Permit
Agricultural commodities for export must be inspected and certified.
Duration: None                                
Cost: None

 

Commercial Feed                                                                 
Any company who manufactures feed in South Dakota or whose name appears on the label of a feed distributed in South Dakota must be licensed.  Commercial feeds include livestock and pet feeds.
Duration: 2 years                                          
Cost:   $50

 

Fertilizer Distribution License
Any person(s) or business who manufactures or mixes fertilizer in South Dakota or whose name appears on the label of a fertilizer must be licensed.
Duration: 2 years                                          
Cost:   $25

 

Soil Amendment Products
All soil amendment products must be registered.
Duration: 2 years                                          
Cost:   $25 per product

 

Seed Permit
Any person(s) or business that distributes seed must have a seed permit.
Duration: 2 years                                          
Cost:   $50/seed producer
             $250/seedman
             $50/seed dealer

 

Beekeepers
Beekeepers must register with the department the location of each apiary the bees are located on and how many colonies are on these yards. 
Duration: 1 year                                            
Cost:   $12 per location


Pesticide Products
All pesticides distributed in South Dakota must be registered with the Department of Agriculture.
Duration: 2 years                                          
Cost:   $175 per product

 

Pesticide/Fertilizer Bulk Storage Facilities
Each storage facility must be constructed as approved and operated in accordance with their permit.
Duration: Permanent                                   
Cost:   None

Pesticide Applicator License
Any person(s) that sprays lawns, crops, etc. for hire must have this license, unless exempt and government employees.
Duration: 2 years                                          
Cost:   $50

 

Restricted Pesticide Dealer License
Any person(s) or business that sells restricted use products must be licensed.
Duration: 2 years                                          
Cost:   $50

 

Dairy Plant License
Any dairy plant engaged in the buying or selling of milk or milk products in the state must be licensed.  Also included in this group are receiving stations, and plants fabricating single-service articles.
Duration: 1 year                                            
Cost:   $100 per year

 

Milk or Milk Product Distributor or Transfer Station
Any person(s) or business distributing milk or milk products in the state must be licensed. 
Duration: 1 year                                            
Cost:   $50 per year

 

Cream Station License
Any person buying or selling cream only must be licensed.
Duration: 1 year                                            
Cost:   $25 per year

 

Dairy Industry Fieldman License
Any person(s) or business that buys milk must have a licensed Dairy Industry Fieldman license.
Duration: 1 year                                            
Cost:   $25

 

Milk Sampler/Grader License
Any person who is a milk bulk hauler must be licensed.
Duration: 1 year                                            
Cost:   $25

 

Tester/Grader License
All dairies must have licensed lab technicians to test the milk and approve the milk before payments can be made to the suppliers of the milk.
Duration: 1 year                                            
Cost:   $25

 

Class A Dealer License
Any person(s) or business that buys eggs from producers only, or producers of eggs who sell eggs from their flock only need a Class A License.
Duration: 1 year                                            
Cost:   $10

 

Class B Dealer License
Any person(s) who buys eggs from a Class A Dealer must have a Class B License.  Class B Dealers are those people who buy eggs from other wholesalers and producers and in turn sell the eggs to retailers or institutional consumers in lots greater than 90 dozen.
Duration: 1 year                                            
Cost:   $100

 

Candler/Grader License
Anyone who sells eggs or buys eggs for institutional use or re-sale must be licensed.  These eggs must be candled and graded.
Duration: 1 year                                            
Cost:   $10

 

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Department of Environment and Natural Resources
Joe Foss Building
523 East Capitol Avenue
Pierre, SD 57501
(605) 773-3151

 

Air Pollution Control Permit
Any facility that emits an air contaminant must obtain an air pollution control permit.  The department must receive the application 180 days before construction or operation begins.
Duration: 5 years                                              
Cost: $6.10 per ton of actual air emissions and an annual administrative fee, $100 application fee for new sources

The annual administrative fee is $100 for actual air emissions less than 50 tons per year; $500 for actual air emissions of 50 tons per year or greater but less than 100 tons per year; and $1,000 for actual air emissions of 100 tons per year or greater.

Asbestos Licenses
Any person wishing to do asbestos related work in South Dakota needs to be certified by the state.  Individuals can be certified as inspectors, management planners, abatement project designers, contractor/supervisors and workers.  One person can be certified in more than one discipline.
Duration: 1 year initial                      
Cost:   $100
1 year renewal                  
Cost:     $50

Initial certification is valid for one year from the date of the training examination.  Renewal fee requires the individual to take a refresher course within 90 days prior to or 30 days after the expiration date.

Solid Waste Disposal Permit
Operators of solid waste treatment, temporary storage, land application and disposal sites and facilities must obtain a permit prior to construction or operation of the facility or site.
Duration: 2 year initial                      
Cost:    $250 to $5,000, 5 year renewal

Fee schedule and type of facility
Type I facility – 150,000 tons or more of solid waste per year = $5,000
Type IIA facility – between 25,000 tons and 150,000 tons of solid waste per year = $500
Type IIB facility – between 5,000 tons and 24,999 tons of solid waste per year = $500
Type III facility – between 500 tons and 4,999 tons of solid waste per year = $250
Type IV facility – less than 500 tons of solid waster per year = no fee required


Hazardous Waste Permit
Anyone who treats, stores or disposes of hazardous waste must obtain a permit.  Notice must be given to the department by anyone who generates, transports, stores, treats or disposes of a hazardous waste.  Applications for hazardous waste permits must be submitted 180 days prior to construction.
Duration: 2 year initial permit          
Cost:   $50,000 to $175,000 application
5 year renewal permit fee applies only to hazardous waste disposal facilities                              

 

Sand, Gravel or Rock License
A license is required for any person(s) or business that mines for:

  • Sand, gravel or rock to be crushed and used in construction.
  • Pegmatite minerals.
  • Iron ore, limestone, sand, gypsum, shale, pozzolan or other materials used in the process of making cement or lime.
  • Lake dredging spoils for sale or processing.

Duration: 1 year
Cost:  $100 Application fee
 $100 Annual renewal

 

Permit to Drill for Oil or Gas
Any operation with the intent to drill for oil or gas must obtain a permit prior to drilling.
Duration: 1 year                                            
Cost   $100

 

Exploration Notice of Intent
Any person desiring to conduct mineral exploration in the state must file an exploration notice of intent with the department.  A fee, reclamation plan, maps and bond are required.
Duration: Life of exploration project           
Cost:   Application fee $250

 

Uranium Exploration Permit
Any person desiring to conduct exploration for uranium in the state must first submit a permit application to the department and must be granted a permit by the Board of Minerals and Environment.  A fee, map, reclamation plan, plan of operations, bond and public hearing are required.
Duration: 3 years                                          
Cost:  $500


Large Scale Mining Permit
A large scale mine permit is required for any mining operation that:

  • Affects more than ten acres or extracts more than 25,000 tons of ore or overburden per year;
  • Employs in situ mining; or
  • Uses cyanide, chemical or biological leaching processes.

Duration: Life of mine                        
Cost:  Application fee $1,000
 Annual renewal $100

 

Small Scale Mining Permit
Any mining operation that affects less than ten acres and extracts less than 25,000 tons of ore or overburden per year must obtain a permit.
Duration: Life of mine                                  
Cost:  Application fee $100
Annual renewal $50

 

Permit to Appropriate Water
Except for certain domestic uses, any person(s) or business that wishes to appropriate water for any purpose must obtain a water permit.
Duration: Permanent                                   
Application:   minimum $50 to $150 or more depending on amount of water appropriated.
License: $50
                                                                        
Dry Draw Location Notice
A location notice is needed for any proposed dam/dugout impounding 25 acre feet of water or less at the primary spillway elevation with water stored for in-place uses only.  Any dam on a navigable stream requires obtaining a permit to appropriate water.
Duration: Permanent                                               
Cost: $50

 

Well Driller License
Any well constructed must be by a licensed well driller.  Any person(s) applying for a well driller’s license must be experienced and knowledgeable in state well construction standards in order to obtain a license.
Duration: 1 year                                            
Cost:   $50


Well Pump Installers License
The installation of well pumps or repair of wells for compensation must be by a licensed well pump installer.  Individuals must have two years of experience and pay an annual fee.                                     
 Duration:  none                                         
Cost:  Annual fee $50
Continuing education requirements for renewal of license

 

General Water Pollution Control Permit for Concentrated Animal Feeding Operations
A producer needs a permit for a large concentrated animal feeding operation,  regardless of size, the operation is required to obtain approval by a local government entity, such as a county commission; or when DENR determines an operation is a medium or small concentrated animal feeding operation that needs permit coverage may be required to ensure protection of the state’s water resources. 

Duration: The state general permit is effective for 5 years. If a producer applies for coverage under the permit after the operation has been effective for 2 years, the duration would be 3 years.
Cost: The annual fee is $250 for operations with 2,000 or more animal units, $175 for operations with 1,000 to 1,999 animal units, and $100 for operations with less than 1,000 animal units.


Wastewater Discharge Permit
The owner of any facility that discharges wastewater to waters of the state must apply for a permit at least 180 days prior to the anticipated discharge.
Duration: 5 years                                                
Cost:  Typically $600 for an industrial facility permit.  Municipal facility fees vary depending on population.

 

Water and Wastewater Operator Certification
Many water and wastewater systems must be operated by personnel that are certified by the state as having the background and knowledge to run a certain type of system.  An operator can obtain this certification by passing a DENR-proctored exam.
Duration: 1 year                                            
Cost: Exam fee - $10
Annual renewal of certificate - $6


Pretreatment Industrial User Permit
Any industry that is discharging process wastewater to a municipal sanitary sewer system must contact the department to determine if a pretreatment industrial user permit is necessary. If the permit is needed, it will regulate the industrial discharge to ensure the industry does not overload the city’s system. The application for a permit must be submitted at least 180 days prior to the anticipated discharge.
Duration: 5 years                                          
Cost:   $600 per year

 

Construction Storm Water Discharge Permit
Construction sites that disturb more than one acre must receive coverage under the general permit for storm water discharges associated with construction activity. This general permit is active for any construction site over 1 acre across the state.

Duration:  The state general permit is effective for 5 years. A construction site operator must maintain coverage under the general permit until the construction has been completed and the site has been stabilized.

Cost:   None


Industrial Storm Water Discharge Permit
Storm water discharges associated with industrial activity, including but not limited to industrial plant yards, immediate access roads and railroad sidings, drainage ponds, material handling sites, refuse sites, process wastewater sites, equipment handling/maintenance areas, residual treatment areas and loading/unloading areas, will be required to obtain a permit
Duration:  The state general permit                          
Cost:   None                                               
Is effective for 5 years. A construction site operator must maintain coverage
as long as the industrial activities continue.

Notification for Underground and Aboveground Tanks
Anyone upgrading an existing or installing a new underground or aboveground storage tank must notify the department 30 days prior to bringing the tank into use in accordance with DENR approved plans and specifications for that tank.
Duration: None                                             
Cost: None

 

Radiation Source License
Any non-medical facility, be it public or private, using nuclear materials and/or equipment must be registered with the department. 
Duration: None                                
Cost:  None

 

Ground Water Discharge Plan
A ground water discharge plan may be required for any activity that may cause a discharge, directly or indirectly, to the ground water.
Duration: Generally 4 years                  
Cost:   None, maximum of 5 years        

 

Permit to Inject Class II Fluids
A permit to inject is required for any injection of fluids associated with oil and gas production into or above underground sources of drinking water.
Duration: Set by Board of Minerals and Environment - generally based on
applicant’s request.                  
Cost:   None


Flood Control Permit
A flood control permit is required for any operation diverting the flow or changing the stage of surface water for the purpose of flood control.
Duration: Permanent                                         
Cost:  $150

 

Plans and Specifications
Plans and specifications for water and wastewater treatment, collection, and distribution must be submitted for review and approval at least 30 days prior to construction. Other than a conventional septic tank/drainfield on-site system for a home, plans and specifications for all on-site wastewater systems must receive department approval.
Duration:  None                                                
Cost:  None

 

SARA Title III Tier II Emergency and Hazardous Chemical Inventory Form
Any business storing hazardous materials must submit this annual report for substances found at the site in amounts in excess of the published federal thresholds.  Most substances that require an OSHA material safety data sheet have a designated threshold of 10,000 pounds on-site at any one time during the calendar year.  However, because some Extremely Hazardous Substances have a lower threshold and this lower amount becomes the reporting threshold.  The report must be submitted to the state of South Dakota, local emergency planners and the local fire department by March 1, and it covers the materials on-site during the preceding calendar year.
Duration: Annual Report                                          
Cost: $50 to $300 depending on the number of substances reported.

 

SARA Title III Toxics Release Inventory Report
This report covers releases and transfers of listed substances during the preceding calendar year.  Any business that meets all three requirements must submit this report to the state of South Dakota and the U.S. Environmental Protection Agency by July 1 of each year.  The three requirements include an employee threshold equivalent to 10 FTEs, a business activity that falls into one of the covered Industrial Classification Codes (including all manufacturing plus other activities), and the manufacture, processing or “otherwise use” of threshold amounts of federally listed substances.  The thresholds range from .1 gram for dioxin-like substances to 10,000 and 25,000 pounds of ordinary industrial chemicals and metals.
Duration: Annual Report                                          
Cost: $250 to $3,000 depending on the number of substances and quality of releases reported

 

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Department of Game, Fish and Parks
Licensing Office
412 West Missouri
Pierre, SD 57501
(605) 773-5527

 

Taxidermist License
Anyone engaged in taxidermy must be licensed.
Duration: 1 year                                            
Cost:   $15

 

Resident Fur Dealer License
Any business that purchases hides and furs must be licensed.  (Deer hides are exempt)
Duration: 1 year                                            
Cost:   $100

 

Non-Resident Fur Dealer License
Any person(s) or business that purchases, receives and resells legally taken and/or possessed raw furs must be licensed.  (Deer hides are exempt)
Duration: 1 year                                            
Cost:   $500

 

Resident Retail Bait Dealer License
Any person(s) over 16 years of age selling minnows, frogs, reptiles, crayfish, salamanders or other live bait in South Dakota must be licensed.  (Nightcrawlers and leeches are exempt.)
Duration: 1 year                                            
Cost:   $20

 

Resident Wholesale Bait Dealer License
Any person(s) or business that raises, traps, seines, buys, transports or sells live bait to retailers, other wholesalers or exporters in South Dakota must be licensed.
Duration: 1 year                                            
Cost:   $200

 

Resident Export Bait Dealer License
Any person(s) or business that buys, possesses and transports live bait from South Dakota for resale must be licensed.
Duration: 1 year                                            
Cost:   $300

 

Non-Resident Wholesale Bait Dealer License
Any person(s) or business that transports bait into South Dakota must be licensed.
Duration: 1 year                                            
Cost:   $400


Falconry Permit
Any person(s) who possesses raptors (birds) for the purpose of practicing falconry must be licensed.
Duration: 34 years                                       
Cost:   Ranges from $30 to $50

 

Resident Captive Game Bird Domestication License:
Any person(s) or business that possesses, produces, sells, offers for sale or ships game birds including migratory waterfowl or any one of the combination of species per calendar year must be licensed.
Duration: 1 year                                            
Cost:   Noncommercial $10      

Commercial $50


Nonresident Captive Game Bird License:
Any person(s) or business that possesses, produces, sells, offers for sale or ships game birds including migratory waterfowl or any one of the combination of species per calendar year must be licensed.
Duration: 1 year                                            
Cost:   Noncommercial $20      
Commercial $100    

 

Hoop Net or Set Line Permit
A special permit is required in addition to a fishing license that allows residents to use a set line or a hoop net in certain special management waters.
Duration: 1 year                                            
Cost:   Hoop Net $10     
Set Line $5

 

Private Fish Hatchery License
Any private fish hatchery must be licensed.  The charge is on amount no matter how many species.
Duration: 1 year                                            
Cost:   Pond Management               $50
             Fee Fishing Hatchery           $100
             Aquaculture Hatchery           $200

Scientific Collecting Permit
This permit allows universities or colleges to collect limited number of protected birds, fish or other animals for specific scientific study.
Duration: None                                             
Cost:   None


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Department of Health
Health Building
600 East Capitol
Pierre, SD  57501
(605) 773-3364

 

Adult Foster Care Homes
Adult foster care homes must be licensed and comply with state requirements.
Duration: 1 year                                            
Cost:   None

 

Ambulatory Surgery Centers
Ambulatory surgery centers (ASC) must be licensed and comply with state requirements, and may be certified and comply with federal requirements.
Duration: 1 year                                            
Cost:   $100

 

Animal Research:
Institutions may apply to the Department of Health for a license to obtain animals for research from establishments maintained by or for a municipality.
Duration: 1 year                                            
Cost:   None

 

Assisted Living Centers
Assisted living centers must be licensed and comply with state requirements.
Duration: 1 year                                            
Cost:   $100 + $3 per bed

 

Bed & Breakfast
A license is required for any building or buildings run by an owner/operator living on the premises or contiguous property that is used to provide accommodations for a charge to the public.  At most, the operation will have five rental units with up to an average of 10 guests per night and it will serve family style meals.
Duration: Permanent                                               
Cost:   $25

 

Campground
Campgrounds offering two or more campsites to the public must obtain a license as a full-service, limited-service or temporary campground.
Duration: 1 year                                            
Cost:   $50-150

 

Inpatient Chemical Dependency Treatment Facilities
Chemical dependency inpatient treatment facilities must be licensed and comply with state requirements.  Contact also Department of Human Service for inpatient and outpatient treatment facilities.
Duration: 1 year                                            
Cost:   $100 + $3 per bed


Controlled Substances
Qualified pharmacies and practitioners (such as physicians, dentists, optometrists, podiatrists, nurse practitioners, physicians assistants, nurse midwives, and veterinarians) who have a professional need for access to controlled substances, must register with the department to obtain a state controlled substance certificate and submit a $100 fee.  Analytical labs, distributors, return distributors, manufacturers, and researchers (including drug detection dog trainers) must also register and submit a $35 annual fee.  This is in addition to the federal registration.
Duration: 1 to 3 years                                  
Cost:   $35 to $100

 

End Stage Renal Dialysis Unit including transplantation services
End stage renal dialysis units (ESRDs) must be certified and comply with federal requirements to receive Medicare reimbursement.
Duration: None                                             
Cost:   None

 

Food Service
Any restaurant, coffee shop, bakery, deli, nightclub, catering kitchen, grocery store, food manufacturer or similar place in which food or drink is prepared for sale or service to the public must first obtain a retail food service, mobile food service or temporary food service license.
Duration: 1 year                                            
Cost:   $25 to $150

 

Home Health Agency
Home health agencies must be certified and comply with federal requirements to receive Medicare reimbursement.
Duration: Permanent                                   
Cost:   None

 

Hospice (Inpatient)
Hospice facilities must be licensed and comply with state requirements and may be certified and comply with federal requirements.  Hospice services must be certified and comply with federal requirements to receive Medicare reimbursement.
Duration: 1 year                                            
Cost:   $100 + $3 per bed

 

Hospitals
General and specialized hospitals must be licensed and comply with state requirements, and must be certified and comply with federal requirements to receive Medicare and Medicaid reimbursement.  Critical access hospitals must be licensed and comply with state requirements and must be certified and comply with federal requirements to receive Medicare and Medicaid reimbursement. (JCAHO-Joint Commission on Accreditation of Healthcare Organizations)
Duration: 1 year                                            
Cost:   $100 + $3 per bed
JCAHO Accredited: $100+$2 per bed

 

Hospital Swing Bed Units
Hospital swing beds must be licensed and comply with state requirements, and must be certified and comply with federal requirements to receive Medicare and Medicaid reimbursement.
Duration: None                                             
Cost:   None

Intermediate Care Facility for Mentally Retarded
Intermediate care facilities for the mentally retarded (ICF/MR) must be certified and comply with federal requirements.
Duration: None                                             
Cost:   None

 

Lodging
Any hotel, motel or other structure held out to the public to be places where sleeping accommodations are furnished to two or more transient guests must first obtain a lodging license.
Duration: 1 year                                            
Cost:   $1.50 per unit ($30 minimum)

 

Mammography Facilities
Mammography facilities must be licensed and comply with state requirements and must be MQSA qualified or certified by a qualified state certifying body or a certifying body approved by the FDA, and comply with federal requirements to receive Medicare reimbursements.  Reference X-ray Equipment.
Duration: None                                             
Cost:   None

 

Medical Laboratory
Laboratories that test human specimens for the purpose of assessing, diagnosing, treating and preventing health conditions must be registered and certified or waived, and comply with federal requirements.
Duration: None                                             
Cost: The federal government will assess a fee based on the complexity and volume of the tests.

Nurse Aide Registry
Nursing home nurse aides must complete training and competency evaluation and be registered with the Board of Nursing.
Duration: 2 years                                          
Cost:   None

 

Nursing Homes
Nursing homes must be licensed and comply with state requirements and may be certified and comply with federal requirements.  There is a moratorium in place that prohibits development of new nursing home beds.
Duration: 1 year                                            
Cost: $100 + $3 per bed

 

Physical Therapy
Outpatient physical therapy and certified outpatient rehabilitation facilities must be certified and comply with federal requirements to receive Medicare reimbursement.
Duration: None                                             
Cost: None

 

Residential Living Center
Residential living centers must register with the department.
Duration: 1 year                                            
Cost: None

 

Rural Health Clinic
Rural health clinics must be certified and comply with federal requirements to receive Medicare reimbursement.  For certification as a federally qualified health clinic, contact the Office of Rural Health at 773-3361.
Duration: None                                             
Cost: None

 

Specialty Resort
Any building or buildings used to provide accommodations of recreation for a charge to the public.  There may be no more than 10 rental units for an average of 20 guests per night and in which meals are provided to only the guests staying at the specialty resort.
Duration: 1 year                                            
Cost: $30

 

Speech Therapy
Outpatient speech therapy must be certified and comply with federal requirements to receive Medicare reimbursement.
Duration: None                                             
Cost: None

 

X-Ray Equipment
X-ray tubes, either fixed or portable and used for medical purposes, must be licensed and comply with state requirements and must be certified and comply with federal requirements to receive Medicare reimbursement.
Duration: 1 year                                            
Cost: $75

 

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Department of Labor
Unemployment Insurance Division
PO Box 4730
420 South Roosevelt
Aberdeen, SD 57402-4730
(605) 626-2452
New employers, call: (605) 626-2312

 

Unemployment Insurance State Identification Number
If a business is new and will be operating in South Dakota, and if the business will be paying out $1,500 in wages in one quarter or have 20 weeks of employment (part-time or full-time) in one year, then that business will be required to have a state ID number from the Unemployment Insurance Division of the South Dakota Department of Labor. Employers can now register and receive the ID number on-line at the following web site: http://www.sd.gov/applications/LD01DOL/frameset.asp?navid=&filtertype=1
Duration:  None                                            
Cost:  None

 

Posters
Federal Requirements:
Five federal labor laws require covered employers to post four specific
employee information notices at each separate business location.

  • Employee Polygraph Protection Act of 1988
  • Fair Labor Standards Act          (minimum wage)
  • Equal Employment Opportunity is the Law
  • Job Safety and Health Protection

Single copies of the federal posters are available from any U.S. Department of Labor regional office.  The regional office in Denver serves South Dakota.

  • Employee Polygraph & Minimum Wage Poster: (303) 844-4405
  • EEO poster: (303) 844-5011
  • OSHA poster: (701) 250-4521

State Requirements:
Employers are required to post an unemployment insurance “Notice to Employees”. This postcard-sized posting is sent directly to all covered employers by the state Unemployment Insurance Division.  The card carries employer-specific information such as business name, address and UI tax number. Employers are also required to post information encouraging workplace safety where employees can see it.

 

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Department of Public Safety
118 West Capitol
Pierre, South Dakota 57501
605-773-3178

 

EMT Basic Certification
Current state certification is required for basic EMTs to act as drivers and attendants on ambulance service.
Duration: 2 years                                          
Cost:   None

 

Advanced Life Support EMT Licensing
The Department of Public Safety processes applications for the Board of Medical and Osteopathic Examiners which licenses ALS EMTs.  This includes EMT – Paramedic, EMT – Intermediate-99 and EMT – Intermediate-85.
Duration: 1 year                                
Cost:   SD Board of Medical and Osteopathic Examiners Fees for Licensing:
Paramedic:            $50 Initial In-State Fee
                                 $75 Initial Out-of-State
                                 $25 Renewal

 Intermediate-99:    $50 Initial In-State
                                   $75 Initial Out-State
                                   $25 Renewal


Intermediate-85:    $50 Initial In-State
                                  $75 Initial Out-State
                                  $25 Renewal

 

Ambulance Service
License is needed by all individuals/groups wanting to operate an ambulance service.  Applies to both ground and air ambulance and out-of-state ground ambulances.
Duration: 2 years                                          
Cost:   $12


Commercial Driving License (CDL)
A CDL is required to operate any of the following commercial motor vehicles:

  • A single vehicle with a gross vehicle weight rating (GVWR) of more than 26,000 pounds
  • A trailer with a GVWR of more than 10,000 pounds if the gross combination weight rating is more than 26,000 pounds
  • A vehicle designed to transport 16 or more persons (including driver)
  • Any size vehicle which requires hazardous materials placards

Duration: 5 years                                          
Cost:  $15 + $5 for each endorsement. 
In addition, a fee up to $80 may be   charged for a CDL Skill Test.  The cost of a required background check for a CDL with a hazardous materials endorsement is $94.
           
Explosives License or Permit
Required in addition to federal license or permit for all users, dealers, transporters and manufacturers of explosives.
Duration: 3 years                              
Cost:  None

 

Fireworks Retail License
Required to sell fireworks to residents and non-residents of South Dakota; limited time period.
Duration: June 27 to July 5                          
Cost:    $25

 

Fireworks Wholesale License
Required to sell fireworks to South Dakota retailers.
Duration: One calendar year                       
Cost:   $500

 

Special Fireworks Retail License
Required to sell fireworks to out-of-state residents for a limited time period.
Duration: May 1 to July 5                 
Cost:   $1,000

 

Optional Fireworks Retail License
Required to sell fireworks to out-of-state residents for a limited time period.
Duration: July 6 through August 31        
Cost:   $1,000

 

Boiler Certificate Permit
Required to operate a boiler.
Duration: 1 year from date of inspection     
Cost:  $20 per year from date of inspection plus $10 to $60 depending on size of boiler.

 

Ton Mile Permit
A fee paid in lieu of commercial license for miles traveled on South Dakota highways when loaded with 500 pounds or more.
Duration: Duration of trip                 
Cost:   $15

 

Oversize Permit
A permit to operate overlength, overwidth or overheight. (also see Dept. of Transportation)
Duration: Varies                                           
Cost:  Single permit - $25
Qualified annual permit - $60
 
Overweight Permit
A permit to operate over the statutory weight limit. (also see Dept. of Transportation)
Duration: Varies                                           
Cost:  Varies

 

Temporary Fuel Permit
A fee paid for the importation of diesel or propane vehicle fuel.  Law now stipulates that no person may bring in any amount of special fuel into the state to be used in operation of a qualified motor vehicle.
Duration: Valid as long as vehicle              
Cost:  $20, remains in the state.   
 
Harvest Permit
A permit available to residents and non-residents alike to haul agricultural products; time limit imposed.
Duration: 1 year                                 
Cost:  $75

 

Thirty-Day Permit
A permit good for 30 calendar days in lieu of commercial license.
Duration: 30 days                                         
Cost:  Varies depending on declared tonnage on permit.        

      

Weights & Measures Service Agency Registration
Companies or persons who install, service, repair or recondition weighing or measuring devices in South Dakota must register
Duration: 1 year                                            
Cost: $25 (company) + $5 for each agent registered. 
Services agencies are required to show evidence annually that equipment is calibrated.                   

 

 

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Department of Revenue & Regulation
Anderson Building
445 East Capitol Ave.
Pierre, SD 57501-3185
(605) 773-3311
www.sd.gov/drr

 

Banking Division

For more information on the Division’s licensing requirements, please visit www.sd.gov/drr2/reg/bank/BANK-HOM.htm.

 

Mortgage Broker License
Required for any individual or corporation that acts as an intermediary between borrower and lender in securing a mortgage loan or to place loans with investors for consideration. State and national banks, bank holding companies, other federally insured financial institutions, and the subsidiaries of those institutions are exempt from licensure. In addition, SD chartered trust companies, SD licenses real estate brokers, and insurance companies are also exempt from licensure. Any individual or corporation holding this license is required to pay the bank franchise tax.
Duration:  1 year                                           
Cost:  Application $365
Renewal $365

 

Mortgage Lender License
Required for any individual or corporation that extends credit in either the primary or secondary markets through the instrument of a real estate mortgage. State and national banks, bank holding companies, other federally insured financial institutions, and the subsidiaries of those institutions are exempt from licensure. In addition, SD chartered trust companies, SD license real estate brokers, and insurance companies are also exempt from licensure. Any individual or corporation holding this license is required to pay the bank franchise tax.
Duration:  1 year                                           
Cost:  Application $600
Renewal $600

 

Money Lending License
Required for individuals or corporations to engage in the business of lending money, including creating and holding or purchasing and acquiring any installment loan, single pay loan, or open-end loan which may be unsecured or secured by personal property.  Requires filing a surety bond application. State and national banks, bank holding companies, other federally insured financial institutions, and the subsidiaries of those institutions are exempt from licensure. In addition, SD chartered trust companies are exempt from licensure. Any individual or corporation holding this license is required to pay the bank franchise tax.
Duration:  1 year                                           
Cost:  Application $600
Renewal $600

 

Money Order License
Required for individuals or corporations to engage in the business of selling, issuing or delivery of checks, drafts and money orders.
Duration:  1 year                                           
Cost:  Application $600
Renewal $600

 

State-Chartered Banks:  $7,500
State-Chartered Savings and Loan Associations:  $3,000
State-Chartered Trust Companies:  $5,000
Loan Production Offices$1,000 (applicant must be state-chartered bank)


All of the above listed businesses are regulated by the Division of Banking and must meet regulations established by law.
Duration:  New is 20 years                                      
Cost: See above
Savings and Loan is permanent

 

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Business Tax Division

 

Contractor Excise License
Excise tax applies to any person entering into a contract for construction, building, installation or repair of real property.
Duration:  None                                                        
Cost:  None

 

Sales and Service Tax License
Sales tax applies to retailers’ gross receipts from all sales of tangible personal property and services not specifically exempted. 
Duration:  None                                                        
Cost:  None

 

Use Tax
Use tax is imposed on the privilege of the use, storage and consumption in this state of tangible personal property or services.
Duration: None                                                         
Cost: None

 

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SD Commission on Gaming

 

Deadwood Gaming
Licensing and regulation of Deadwood gambling.  Six types of gaming licenses are issued by the Commission including licenses for manufacturers, distributors, operators, individual employees, owners of gaming establishments and Tribal gaming.
Duration: 1 year                                                        
Cost: Application $50 to $1,000
 There after $25 to $250

 

Live Racing and Simulcast Racing
The commission issues licenses for simulcast providers, simulcast sites, pari-mutual clerks (who work at simulcast sites) and multiple category live racing.
Live racing and simulcasting fees are $10 to $40; renewals are $5 to $20 per year.

 

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Insurance Division

 

Resident Producer License
Required for anyone selling insurance; requirements must be met.
Duration:  2 years                                                     
Cost:  Application $25
            Renewal $10
            Appointment fee per company $10
                                                                                               
Non-Resident Producer License
Required for non-resident insurance producers selling in South Dakota lines of insurance held in home state.
Duration:  1 year                                                       
Cost:  Application $30
           Renewal $25
           Appointment fee per company $20

 

Resident & Non-Resident Surplus Lines Broker
Issued to resident and non-resident producers licensed to sell property/casualty insurance; enables producer to sell through non-admitted companies; bonding required for resident producers only.
Duration:  1 year                                                       
Cost:  Application $50
            Renewal $50


Corporation or Partnership License
Issued to a corporation or partnership based on lines of insurance held by all their producers.
Duration:  None                                                        
Cost:   Resident license fee $25
             Non-resident license fee $30
             Appointment fees: $20 for non-resident, $10 for resident

 

Certificate of Authority
Issued to an insurance company that has applied and qualified to transact insurance business in South Dakota.
Duration: 1 year                                
Cost:   Application $550, renewal $25

 

Managed Care Contractor
Issued to a person who establishes, operates, or maintains a network of participating providers; or contracts with an insurance company, a hospital or medical service plan, an employer, an employee organization, or any other entity providing coverage for health care services to operate a managed care plan or health carrier.
Duration:  1 year                                           
Cost: Application $250, renewal $250

 

Utilization Review Organization
Issued to an entity that conducts utilization review other than a health carrier performing utilization review for its own health benefit plans.
Duration:  1 year                                           
Cost: Application $250, renewal $250

 

Third Party Administrator
Duration:  1 year                                           
Cost: Application $500, renewal $250

 

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Motor Vehicle/Motor Fuel Division

 

New or Used Motor Vehicle Dealer License
Any person who for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used vehicles, or who is engaged wholly or in part in the business of selling new, or new and used vehicles.  Bond required.  (Note: A vehicle dealer license allows the licensee to sell a broad range of vehicles.  In addition to being able to sell vehicles, they are also able to sell motorcycles and trailers without specifically acquiring those licenses.)
Duration:  5 years, (renewal fee is due annually)                                                 
Cost:  $250 initial license, $100 annual renewal fee

 

New or Used Motorcycle Dealer License
Any person who for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used motorcycles, or who is engaged wholly or in part in the business of selling new, or new and used motorcycles.  Bond required.
Duration:  5 years, (renewal fee is due annually)                                     
Cost:  $200 initial license, $75 annual renewal fee

 

Trailer Dealer License
Any person who for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used trailers, semi trailers or travel trailers or who is engaged in the business of selling new, or new and used trailers, semi or travel trailers whether or not such vehicles are owned by such person.  Any person who sells less than three travel trailers in a 12-month period is exempt, unless the person is licensed as a dealer in another state or holds himself or herself out as being in the business of selling trailers.
Duration:  5 years, (renewal fee is due annually)                        
Cost:  $75 initial license, $50 annual renewal fee

 

Mobile/Manufactured Home Dealer
Any person, other than a manufacturer of a mobile home or a manufactured home, who sells three or more mobile homes or manufactured homes in any consecutive 12-month period.  Bond required.
Duration:  5 years (renewal fee is due annually)                              

Cost:  $250 initial license, $75 annual renewal fee


Snowmobile Dealer License
Any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new or used snowmobiles, or who is engaged wholly or in part in the business of selling new or used snowmobiles.  Bond required.
Duration:  5 years, (renewal fee is due annually)               
Cost:  $100 initial license, $50 annual renewal fee

 

Boat Dealer License
Any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents, or leases with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used boats, or who is engaged wholly or in part in the business of selling new, or new and used boats. Bond required.  (Note: A boat dealer license allows the licensee to sell boat trailers without acquiring a separate trailer license.)
Duration:  5 years, (renewal fee is due annually)                           
Cost:  $200 initial license, $100 annual renewal fee

 

Emergency Vehicle Dealer License
Any person who converts or manufacturers authorized emergency vehicles and who for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of new or new and used authorized emergency vehicles or who is engaged wholly or in part in the business of selling new or used authorized emergency vehicles.  Bond required.
Duration:  5 years, (renewal fee is due annually)          
Cost:   $250 initial license , $100 annual renewal fee

 

Supplier License
A supplier, whether a person, partnership or corporation, that owns motor fuel or special fuel in the pipeline immediately before it is withdrawn at the terminal rack.
Duration: Permanent                                   
Cost:   None

 

Out-of-state Supplier License
Any person, partnership or corporation that owns motor fuel or special fuel in the pipeline immediately before it is withdrawn and operating from a terminal located outside of South Dakota may voluntarily become licensed as an out-of-state supplier.
Duration: Permanent                                   
Cost:   None


Exporter License
An exporter is a person, partnership or corporation, other than a supplier, that purchases or acquires fuel in South Dakota that is then transported or delivered to another state or country.
Duration: Permanent                                   
Cost:   None

 

Importer License
An importer is any person, partnership or corporation, other than a supplier, that owns or purchases motor fuel or special fuel in another state or country that is then delivered into South Dakota.
Duration: Permanent                                   
Cost:   None

 

Blender License
A blender, whether a person, partnership or corporation, that makes blended fuel containing two or more substances, at least one of which is a petroleum product.
Duration: Permanent                                   
Cost:   None

 

Marketer License
A marketer, whether a person, partnership or corporation, that engages in the wholesale or retail sale of motor fuel or special fuel.  (All those previously licensed as fuel distributors and retail dealers now fall into this category.)
Duration: Permanent                                   
Cost:   None

 

LPG Vendor License
An LPG vendor, whether a person, partnership or corporation, that sells or has the capability to sell liquid petroleum gas for use in the engine supply tank of a motor vehicle.
Duration: Permanent                                
Cost: None

 

CNG Vendor License
A CNG vendor, whether a person, partnership or corporation, that sells compressed natural gas for use in the engine supply tank of a motor vehicle.
Duration: Permanent                                   
Cost:   None

 

Ethanol Producer License
An ethanol producer, whether a person, partnership or corporation, that makes ethyl alcohol from cereal grain which is later combined with gasoline to produce an ethanol blend.
Duration: Permanent                                   
Cost:   None


Transporter License
A transporter, whether a person, partnership or corporation, that moves fuel within South Dakota or to areas outside this state by transport truck, rail car or other means in quantities over 4,200 gallons.
Duration: Permanent                                   
Cost:   None

 

Terminal Operator License
A terminal operator, whether a person, partnership or corporation, that has responsibility and physical control over the operation of a terminal.
Duration: Permanent                                   
Cost:   None

 

Bulk Plant Operator License
A bulk plant operator, whether a person, partnership or corporation, that has responsibility and physical control over the operation of a bulk plant.
Duration: Permanent                                   
Cost:   None

 

LPG User License
An LPG user in South Dakota who wishes to purchase tax-unpaid LPG in bulk and have it delivered into a storage tank which has an attached liquid transfer line must be licensed.
Duration: Permanent                                   
Cost:   None

 

Highway Contractor License
A highway contractor, whether a person, partnership or corporation, that engages in highway construction work.  A highway contractor must also have a contractor’s excise tax license.
Duration: Permanent                                   
Cost:   None

 

Refund Claimants License
All fuel consumers who submit a refund claim for fuel taxes they have paid must be licensed as refund claimants.
Duration: Permanent                                   
Cost:   None

 

International Fuel Tax Agreement (IFTA)
The International Fuel Tax Agreement (IFTA) is a plan to simplify the reporting of all fuel (gasoline, diesel, propane and gasohol) use taxes by commercial motor carriers.
Duration: 1 year, (2 month grace period)                   
Cost:   $0.50 per vehicle
              

International Registration Plan (IRP)
The International Registration Plan is a plan to simplify the licensing of vehicles involved in interstate commercial movement.
Duration: 1 year                                            
Cost: Varies depending on a number of different factors, some of which  include the year of the vehicle and  the combined gross licensing weight.

 

Temporary Commercial Permit
A temporary permit which is issued in 30 day increments up to 1 year that allows a vehicle to operate commercially in South Dakota
Duration: 30 days up to 1 year                   
Cost: Varies based on the combined gross licensing weight.

 

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Motor Vehicle Dealer Temporary Permits

Type of Permit Requested:

Issue Period

 

Fee

Motor Vehicle Manufacturer
(All vehicles except trailers)

Display Only

10 Days

$150: $100 if purchased 5 days before event

Motor Vehicle Customizer
(All Vehicles except trailers)

Display Only

10 Days

$150: $100 if purchased 5 days before event

Trailer Manufacturer

Display Only

10 Days

$75; $50 if purchased 5 days before event

Motorcycle Dealer (New)*

Sell

10 Days

$300; $200 if purchased 5 days before event

*(permit can only be sold if motorcycles being sold are not franchised in SD)

Motorcycle Dealer Selling USED motorcycles only

Sell

10 Days

$300; $200 if purchased 5 days before event

Boat and Boat Trailer Dealer (New or Used)

Sell

10 Days

$200

Trailer Dealer (New)*

Sell

10 Days

$225; $150 if purchased 5 days before event

*(permit can only be sold if motorcycles being sold are not franchised in SD)

Trailer Dealer (New)**

Display Only

10 Days

$225; $150 if purchased 5 days before event

**(Allows for the DISPLAY ONLY of a new trailer(s) already franchised in SD)

Trailer Dealer Selling USED trailers only

Sell

10 Days

$225; $150 if purchased 5 days before event

 

 

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Securities Division

 

Registration of Securities
Required to offer and sell public securities in South Dakota.
Duration: 1 year                     
Cost: $1.00 per $1,000 registered up to $500,000
           0.75 per $1,000 after $500,000
           100 minimum
           $2,000 Maximum filing fee
            Extension of registration fee
            $25 Annual report filing fee

 

Broker/Dealer License
Required for firms selling securities in South Dakota. Exemptions may be available.
Duration: 1 year                                              
Cost:             $150

 

Agent License
Required for salespersons working for broker/dealers.
Duration: 1 year                                              
Cost:             $125

 

State Investment Advisor License
Required for firms that advise consumers regarding the purchase and sale of securities for remuneration and do not meet the SEC federal requirements for filing.
Duration: 1 year                                                        
Cost:   $100

 

Notification Investment Advisor License
Required for firms that meet the federal notice filing requirements.
Duration:  1 year                                                       
Cost: $200

 

Investment Advisor Representative License
Required for salespersons working for investment advisors.
Duration: 1 year                                            
Cost:   $50 – Federal covered
                                                                           
Notification Filing
Exemption for certain qualified, public, open-end and closed-end mutual funds and unit investment trusts.
Duration: 1 year                                            
Cost:   $150, $500, $1,000 & $2,000
             $50 - Name Change
             $250 – Closed End


Private Placement Exemption
Exemption allowing offers and sales of securities to a limited number of people in South Dakota for non-publicly offered securities.
Duration: 1 year                                            
Cost:   $200

 

Registration of Brand-Name Franchises
Registration required before anyone can offer or sell a franchise.
Duration: 1 year                                 
Cost:  $250
Renewals - $100
Amendments - $50
Franchise Exemptions - $250

 

Registration of Business Opportunities
Registration required before anyone can offer or sell a business opportunity.
Duration: 1 year                                
Cost:   Application $100
Renewal $50

 

Reg. D-504 and 505
Notification of offering made pursuant to federal rule 504 and 505.
Cost: $200

Reg. D-506
Notification of offering made pursuant to federal rule 506.
Cost: $250

 

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Special Taxes Division

 

Amusement Machine Registration
Any and all mechanical or electronic amusement devices offered to the public for use must be licensed.  This registration fee is in lieu of city sales tax.
Duration: Renewable each fiscal year       
Cost:  $12 per machine
Temporary licenses cost $3.00 per machine (for fairs and carnivals).


Beer License*
Any person(s) or business that handles malt beverage beer as a brewer or wholesaler or sells malt beverage beer to be consumed on or off the premises must be licensed.
Duration: Renewable each fiscal year    
Cost:      $250 for on – off sale retail
                $150 for package retail
                $500 for brew pub type
                $400 for wholesaler
                $150 for transfers

 

Liquor License*
Any person(s) or business engaged as a carrier, dispenser, distiller, solicitor, transporter, wholesaler, packager, or retailer of liquor must be licensed.
Duration: Renewable each year                &nb