Dumpster diving is generally legal in South Dakota as there is no statewide law banning it. The U.S. Supreme Court has recognized that once items are discarded in the trash, they are considered public domain, making dumpster diving legally permissible in principle.
However, the legality can be complicated by local ordinances and trespassing laws. Many cities and municipalities in South Dakota may have specific regulations that restrict or prohibit dumpster diving on private property or where there are “No Trespassing” signs posted.
Entering locked dumpsters or fenced areas can also lead to trespassing charges. Additionally, divers should be cautious about disorderly conduct or littering complaints if their activities cause disturbances.
It is advisable to check local city and county regulations before dumpster diving in South Dakota to avoid legal trouble. While dumpster diving itself is not illegal statewide, violations can occur if someone trespasses on private property, damages property, or disregards local rules.
Many divers report that in cities like Sioux Falls, authorities do not actively intervene unless there is clear trespassing or property damage. Overall, dumpster diving is lawful but subject to reasonable restrictions to protect property rights and public order.
Sources
(https://kxrb.com/is-dumpster-diving-legal-in-south-dakota/)
(https://973kkrc.com/is-it-illegal-to-dumpster-dive-in-south-dakota/)
(https://www.rolloffdumpsterdirect.com/dumpster-diving-illegal/)
(https://www.legalmatch.com/law-library/article/is-dumpster-diving-illegal.html)
(https://sdlegislature.gov/Statutes/34A-7))
