South Dakota: Are fireworks legal?
South Dakota allows the full range of consumer fireworks, but only during set summer and New Year's periods.
State law makes consumer fireworks listed in the American Pyrotechnics Association standard 87-1 permissible, which includes aerial items. People may use them from June 27 through the first Sunday after July 4, and from December 28 to January 1. Retail sales are allowed June 27 to July 5 and December 28 to January 1. Counties may limit or ban use outside city limits when grassland fire danger is extreme, and city rules can be stricter.
Conditions
- Use only June 27 through the first Sunday after July 4, and December 28 to January 1
- Retail sales only June 27 to July 5 and December 28 to January 1
- Counties may restrict use outside cities when fire danger is extreme
What the law says
Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. 1507 as in effect on January 1, 2019. ... Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December twenty-eighth to January first.
Sources
- SDCL 34-37-5 Official · sdlegislature.gov
- SDCL 34-37-16.1 Official · sdlegislature.gov
- SDCL 34-37-10 Official · sdlegislature.gov
- SDCL 34-37-19 Official · sdlegislature.gov
- SDCL 34-37-2.1 Official · sdlegislature.gov
Confirm with the state
- Agency
- South Dakota State Fire Marshal's Office
- Phone
- (605) 773-3562
- Website
- sd.gov
How bordering states compare
- Iowa Aerial fireworks allowedIowa allows adults 18 and older to buy and use consumer fireworks, including aerial ones, during set summer and winter periods.
- Minnesota Sparklers and ground fireworks onlyMinnesota allows sparklers, fountains and other non-aerial, non-explosive items, but bans fireworks that explode or fly.
- Montana Aerial fireworks allowedMontana allows consumer fireworks meeting federal standards, sold only June 24 to July 5 and December 29 to 31.
- Nebraska Aerial fireworks allowedNebraska allows 1.4G consumer fireworks, including aerial items, but bans wire sparklers and limits retail sales to dates around July 4 and New Year's.
- North Dakota Aerial fireworks allowedNorth Dakota lets anyone 12 or older buy a state-listed set of fireworks, including small rockets, aerial shells, helicopters and tiny firecrackers.
- Wyoming Aerial fireworks allowedWyoming allows federally approved consumer fireworks, including aerial ones, unless a county or city bans them.
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