Yes, owning a tank in South Dakota is generally legal but subject to strict state and local regulations. The South Dakota Department of Environment and Natural Resources (DENR) enforces compliance with federal and state laws, particularly for aboveground storage tanks (ASTs) and underground storage tanks (USTs). Recent 2026 amendments to SDCL 34A-2-99 require mandatory spill prevention and leak detection systems for tanks over 1,100 gallons. Local ordinances may impose additional restrictions, especially in municipalities like Sioux Falls and Rapid City.
Key Regulations for Owning a Tank in South Dakota
- Registration and Permitting: All USTs must be registered with the DENR’s Underground Storage Tank Program, while ASTs over 1,100 gallons require a separate permit under SDCL 34A-2-99. Failure to register risks fines up to $10,000 per violation.
- Spill Prevention and Leak Detection: Tanks installed after January 1, 2026, must include secondary containment and automatic leak detection systems. Existing tanks have until 2028 to comply with updated standards.
- Zoning and Local Restrictions: Municipalities like Aberdeen and Brookings impose additional zoning laws, often prohibiting tanks in residential areas. Commercial and industrial zones may require buffer zones from property lines.
Violations of these regulations may result in enforcement actions by the DENR or local authorities, including tank removal orders or civil penalties. Consult the DENR’s Storage Tank Compliance Guide (2025) for project-specific requirements.