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 sits in SDCL 1-27-37 with the review procedure in the sections that follow.

The chapter is short, and two things about it are genuinely requester friendly: standard copies are generally free, and there is a real administrative review body rather than a court-only route. 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

SDCL 1-27-37 sets the clock for written requests:

"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 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 does not charge for standard copies, which makes it one of the cheapest states in which to file an ordinary records request.

Fees enter through a narrower door. A reasonable fee may be charged for a "specialized service," which the chapter allows to include a portion of the amortized cost of computer equipment where the request requires it. There is also a specific rule that no fee applies to the electronic transfer of open meeting minutes recorded within the last three years, and a provision that entities are not required to acquire new computer capability in order to generate records in a different format than the one they keep.

We did not locate an express general public interest fee waiver clause in the chapter beyond that specialized service framing. So the practical guidance is this: because standard copies are free, the fee conversation in South Dakota is almost always about whether what you asked for is a "specialized service." If a fee is quoted, ask the officer in writing to identify the specialized service being charged for and how the amount was calculated. That question usually resolves it, either by producing a justification or by producing the records for free.

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 public record officer, and the request goes to that person.

1. Identify the 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. Put it in writing. SDCL 1-27-37's deadline and deemed denial rules are written around a written request.
3. 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.
4. Describe the record and give a date range. Vagueness invites a clarification round that resets your practical timeline.
5. 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.
6. Ask for the written statement of reasons if any part is denied. The statute requires it.

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. The Office of Hearing Examiners is a state body that conducts contested case proceedings, and it handles public records review under SDCL 1-27-38 and the sections that follow.

The hearing examiner issues written findings of fact, conclusions of law, and a decision. That decision can be appealed to circuit court, and from there to the South Dakota Supreme Court.

There are consequences for a bad denial. A requester may recover costs and disbursements, and a civil penalty applies, where a denial is found to be unreasonable or made in bad faith. That is the leverage worth mentioning in a follow up letter.

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 require the written statement of reasons that SDCL 1-27-37 already entitles you to. 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.