South Dakota Public Records Law: How to Request Records (SDCL 1-27)

South Dakota's public records law is easy to miss because it does not have a marketing name. There is no "Sunshine Law" or "Right-to-Know Act" here. The law is SDCL Chapter 1-27, titled "Public Records and Files," and the request procedure most people need starts with an informal request under SDCL 1-27-35 and escalates to a written request under SDCL 1-27-37, with the review procedure in the sections that follow.

The chapter is short, and one thing about it is genuinely requester friendly: there is a real administrative review body rather than a court-only route. Fees are a real cost here rather than an afterthought, and the 90 day review window is the deadline to calendar.

For the rest of the country, see the public records laws by state hub.

Who can request records in South Dakota?

SDCL 1-27-1 phrases the right in older language than most modern statutes:

"all citizens of this state, and all other persons interested in the examination of the public records"

have the right to examine public records during the hours the respective offices are open.

The second clause is the one that matters. "All other persons interested in the examination of the public records" reaches beyond South Dakota citizens, so this is not a residency-limited statute in the way Tennessee's is. An out-of-state requester should not be turned away on residency grounds, and if one is, the phrase above is the sentence to quote.

The 10 business day deadline

The ten business day clock is real, but it does not attach to your first contact with the agency. South Dakota runs a two step sequence, and getting the order right matters because the deadline only starts at step two.

Step one is an informal request. SDCL 1-27-35 provides that "[a]ny informal request for disclosure of documents or records shall be made to the custodian of the record," and the custodian may then provide the record on payment of the applicable costs. There is no statutory response deadline at this stage. Most requests are filled here and never go further.

Step two is a written request, and it is an escalation. SDCL 1-27-37 opens by conditioning itself on a failed informal request: "If an informal request is denied in whole or in part by the custodian of a document or record, a written request may be made by the requestor pursuant to this section." Once you are at that stage, the section sets the clock:

"The public record officer shall promptly respond to the written request but in no event later than ten business days [after receiving it]... If the public record officer denies a written request in whole or in part, the denial shall be accompanied by a written statement of the reasons for the denial."

Three points to take from this.

Promptly is the standard; ten business days is the ceiling. The statute leads with promptness, so ten business days is a backstop rather than a normal processing time.

Failure to respond is a denial. If the officer does not respond to the written request within ten business days, or fails to meet an estimated date the officer provided, the request is deemed denied. A deemed denial is what starts your 90 day review clock, so it matters that you know when day ten fell.

A denial has to be explained in writing. A verbal refusal, or a written refusal with no reasons, does not satisfy the section. Asking for the written statement of reasons is the correct first follow up, and it is also the document your review would be built on.

Fees in South Dakota

South Dakota charges for copies. The general rule sits in SDCL 1-27-35, the same section that creates the informal request:

"The custodian of the record may then provide the requestor with the document or record upon payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or other fee established by statute or administrative rule."

Two further charges live in that section. A requestor who makes an informal request "requiring the dedication of staff time in excess of one hour may be required to pay the cost of the staff time necessary for the location, assembly, or reproduction of the public record." And where no other rate is prescribed, the Bureau of Human Resources and Administration sets the maximum rate, or the formula for calculating rates, by rule under SDCL chapter 1-26.

The fifty dollar estimate rule is the one to know. SDCL 1-27-36 requires the custodian, "[f]or any informal request reasonably likely to involve a fee in excess of fifty dollars," to provide a cost estimate before assembling the records, and the requestor must then confirm acceptance and agreement to pay in writing. Nothing gets assembled and no bill gets run up until you say yes, so a surprise invoice is itself a sign the section was not followed.

There is an express public interest fee waiver. The same section provides that "[t]he custodian may exercise discretion to waive or reduce any fee required under this section if the waiver or reduction of the fee would be in the public interest." It is discretionary rather than automatic, so make the public interest argument in the request itself rather than after a quote arrives.

A separate specialized service fee reaches local government only. SDCL 1-27-1.2 lets counties, municipalities, other political subdivisions and tax-supported districts charge "a reasonable fee" for "any specialized service," which may include a portion of the amortized cost of the computer equipment and software needed to deliver it. By its terms that section does not reach state agencies. The same section bars any fee for the electronic transfer of open meeting minutes of actions taken in the last three years, and provides that an entity is not required to acquire new computer capability in order to generate records in a format it does not already keep.

The format rule is worth remembering too. If you ask for a database export in a shape the entity does not maintain, you may be asking for a specialized service and you may also be asking for something the entity is not required to build. Asking for records in the format the entity already keeps them in avoids both problems.

How to file a South Dakota public records request

There is no statewide portal. Each public entity has a custodian of its records and a public record officer, and the request goes to that person.

1. Identify the custodian or public record officer for the entity that holds the records. City finance officer, county auditor, school district business manager, or the state agency's designated officer.
2. Start with an informal request to the custodian. SDCL 1-27-35 makes that the statutory entry point, and most requests are filled at this stage without any escalation.
3. Describe the record and give a date range. Vagueness invites a clarification round that resets your practical timeline.
4. Ask for the records in the format the entity already maintains, which avoids a specialized service charge and avoids asking for something the entity need not create.
5. Watch for the cost estimate. If the request is reasonably likely to cost more than fifty dollars, SDCL 1-27-36 requires the custodian to send you an estimate before assembling anything, and nothing proceeds until you accept it in writing. If the cost is a barrier, ask in the same breath for the public interest waiver that section allows.
6. If the informal request is denied in whole or in part, then file a written request under SDCL 1-27-37. That is the step that starts the ten business day clock and entitles you to a written statement of reasons for any denial.
7. Date it and keep proof of delivery. Both the ten business day deadline and the 90 day review window depend on knowing when the clock started.

Our free public records request generator produces a written South Dakota request with the correct citations. It runs in your browser and stores nothing.

Denials and the 90 day review window

South Dakota gives you an administrative option that most states do not, and the deadline for using it is longer than most.

File a Notice of Review with the Office of Hearing Examiners, or file a civil action, within 90 days of the denial. SDCL 1-27-38 gives the requestor both routes, and the Office of Hearing Examiners is a state body that conducts contested case proceedings.

The hearing examiner issues written findings of fact, conclusions of law, and a decision. Under SDCL 1-27-41 an aggrieved party may appeal that decision to circuit court under SDCL chapter 1-26, and from there to the South Dakota Supreme Court.

There are consequences for a bad denial, but only a court can impose them. SDCL 1-27-40.2 applies "[i]n a civil action filed pursuant to § 1-27-38 or upon an appeal filed pursuant to § 1-27-41." If the court determines that the public entity "acted unreasonably and in bad faith," which is a conjunctive test rather than an either/or, the court "may award costs, disbursements, and a civil penalty not to exceed fifty dollars for each day that the record or records were delayed through the fault of the public entity." The award is discretionary, the Office of Hearing Examiners cannot make it, and any civil penalty collected is deposited into the state general fund rather than paid to the requester.

Ninety days is generous compared with Pennsylvania's 15 business days, but do not let it drift. Calendar the date from the denial, or from the day the ten business day deadline passed if you got a deemed denial.

For records outside Chapter 1-27, use the right system. South Dakota death certificates run through the state's vital records program with eligibility limits, covered in South Dakota death records, and deeds sit with the county register of deeds, covered in South Dakota property records.

Police records and body camera video

South Dakota does not appear to have a dedicated body camera provision of the kind South Carolina and Oklahoma have written into their statutes, and we did not confirm one for this page. Rather than assert either way, here is how to handle it.

Chapter 1-27 contains a long list of general exemption categories at SDCL 1-27-1.5, which is where a law enforcement denial will normally come from. Ask the agency in writing which numbered exemption it relies on for the recording, and if the informal request is refused, escalate to a written request so that the written statement of reasons SDCL 1-27-37 requires attaches. That citation is what a Notice of Review before the Office of Hearing Examiners would turn on, and the review is available whether or not there is a bodycam-specific rule.

Emergency call audio raises separate questions covered generally in are 911 calls public records.

This article is general legal information about South Dakota law as of August 2026, not legal advice. The statutory language quoted here was read from the South Dakota Legislature's official statute service. South Dakota's treatment of law enforcement body camera recordings was not confirmed for this page. For advice about your own situation, speak with a lawyer licensed in South Dakota.

For deadlines, fees, and appeal routes in the other fifty jurisdictions, start at our public records laws by state hub. For records held by a federal agency, see how to file a FOIA request.

Frequently Asked Questions

How long does a South Dakota agency have to answer a records request?

It depends which of the two steps you are on. An informal request to the custodian under SDCL 1-27-35 carries no statutory response deadline. If that informal request is denied in whole or in part, SDCL 1-27-37 lets you make a written request to the public record officer, who must respond promptly and in no event later than ten business days after receiving it. Promptness is the standard and the ten business days are a ceiling. If the officer does not respond within that period, or fails to meet an estimated date the officer provided, the written request is deemed denied, which is what starts the 90 day review window.

Does South Dakota charge for public records?

Yes. SDCL 1-27-35 lets the custodian provide records on payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or another fee established by statute or administrative rule, and it allows a charge for staff time where an informal request requires more than one hour to locate, assemble or reproduce the record. SDCL 1-27-36 requires the custodian to give you a cost estimate before assembling anything whenever the fee is reasonably likely to exceed fifty dollars, and you must accept that estimate in writing before work proceeds. That same section lets the custodian waive or reduce a fee if the waiver would be in the public interest. Separately, counties, municipalities, other political subdivisions and tax-supported districts may charge a reasonable fee for a 'specialized service' under SDCL 1-27-1.2, which also bars any fee for the electronic transfer of open meeting minutes from the last three years.

Do I have to live in South Dakota to request records?

No. SDCL 1-27-1 extends the right to examine public records to 'all citizens of this state, and all other persons interested in the examination of the public records.' The second clause reaches beyond South Dakota citizens, so this is not a residency-limited statute in the way Tennessee's is.

How do I appeal a South Dakota records denial?

Under SDCL 1-27-38 you may, within 90 days of the denial, either commence a civil action or file a written notice of review with the South Dakota Office of Hearing Examiners. The hearing examiner issues written findings of fact, conclusions of law and a decision, which SDCL 1-27-41 allows an aggrieved party to appeal to circuit court and then to the South Dakota Supreme Court. In a civil action or on that appeal, SDCL 1-27-40.2 allows the court, if it determines the public entity acted unreasonably and in bad faith, to award costs, disbursements and a civil penalty of up to fifty dollars for each day the records were delayed. The award is discretionary, the Office of Hearing Examiners cannot make it, and the civil penalty goes into the state general fund rather than to the requester.

Does a South Dakota denial have to be in writing?

At the written request stage, yes. SDCL 1-27-37 provides that if the public record officer denies a written request in whole or in part, the denial must be accompanied by a written statement of the reasons for the denial. An informal request refused under SDCL 1-27-35 carries no such requirement, which is one practical reason to escalate to a written request: it forces the agency to put its grounds on paper, and that statement is what a review would be built on.

Can I get body camera footage in South Dakota?

We did not confirm a dedicated South Dakota body camera provision for this page and are not going to state a rule. Chapter 1-27 contains a long list of general exemption categories at SDCL 1-27-1.5, which is where a law enforcement denial normally comes from. Ask the agency in writing which numbered exemption it relies on, escalate to a written request under SDCL 1-27-37 so the written statement of reasons attaches, then use the Office of Hearing Examiners review if you want to test it.

What is South Dakota's public records law actually called?

It has no popular short title. Unlike Florida's Sunshine Law or Pennsylvania's Right-to-Know Law, South Dakota's provisions are simply codified as SDCL Chapter 1-27, titled 'Public Records and Files'. Citing SDCL 1-27-1 for the right of access, SDCL 1-27-35 for the informal request and its costs, and SDCL 1-27-37 for the written request and its response deadline is the clearest way to reference it in a request.

Is this the same as filing a federal FOIA request?

No. The federal Freedom of Information Act, 5 U.S.C. 552, reaches federal executive branch agencies only, with its own 20 business day determination clock and administrative appeal. Records held by a South Dakota city, county, school district or state agency are requested under SDCL Chapter 1-27, which routes you to an informal request to the custodian first, gives a written request a ten business day deadline once an informal request has been denied, and provides a review route through the Office of Hearing Examiners.