What should Spearfish hosts know about the 1% spearfish hospitality tax?

The 1% Spearfish Hospitality Tax applies to lodging under 28 days.

What should Spearfish hosts know about rentals for 10 or fewer?

Rentals for 10 or fewer days annually are considered 'casual' and exempt from state licensing.

What are the key requirements for Spearfish hosts?

Spearfish city council is currently drafting new local STR regulations that may change requirements soon.

What should Spearfish hosts know about state health department inspections are?

State health department inspections are mandatory before a license is issued.

Spearfish

Permissive

STRs Allowed

South DakotaLast updated: February 12, 2026

Baseline Verification

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Basic verification complete

Verified: Feb 12, 2026

Summary

Short-term rentals in Spearfish are not currently regulated by city-specific ordinances, but operators must obtain a mandatory South Dakota state lodging license and register for state and local taxes.

Restriction Level

✅

Permissive

Score: 0 (restrictive)

Why this classification:

•Reporting required
•Safety standards required
•No STR-specific permit required
•No night cap
•No primary residence requirement
•No STR-specific fee

In Plain English

While the city has not yet passed specific local rules, you still need to get a South Dakota state lodging license and a tax license to operate. You must also pay local sales and hospitality taxes totaling 8.7%. Be aware that the city is currently working on a new ordinance that may add local permit requirements in the near future.

At a Glance

Permit Required

Night Limit

None

Primary Residence

Not Required

Total Tax Rate

0.1%

Permit Fee

Processing Time

2-4 weeks

4 Things Hosts Often Miss

Regulation Details

Eligibility(4)

•Spearfish allows STRs in the following property types: Single Family, Condo, Townhouse, Multi-Family.
•Spearfish does NOT require the property to be a primary residence. Investment properties are allowed.
•Spearfish: Your HOA can prohibit short-term rentals even if the city allows them. Check your CC&Rs before applying.
•Spearfish: You can have a co-host or property manager help manage your listing.

Requirements(10)

•Common mistakes and gotchas for STR hosts in Spearfish: 1. The 1% Spearfish Hospitality Tax applies to lodging under 28 days. 2. Rentals for 10 or fewer days annually are considered 'casual' and exempt from state licensing. 3. Spearfish city council is currently drafting new local STR regulations that may change requirements soon. 4. State health department inspections are mandatory before a license is issued.

Application Process(8)

•How to set up an STR in Spearfish: While the city has not yet passed specific local rules, you still need to get a South Dakota state lodging license and a tax license to operate. You must also pay local sales and hospitality taxes totaling 8.7%. Be aware that the city is currently working on a new ordinance that may add local permit requirements in the near future.

Taxes(3)

•Spearfish charges a City Sales Tax & Municipal Hospitality Tax of 0.03%. This applies to stays under 28 days. Platforms like Airbnb collect and remit this tax. Note: Airbnb and VRBO remit South Dakota state and local taxes, but hosts should verify individual municipal hospitality tax compliance.
•South Dakota has a state sales tax of 0.042% that applies to STR rentals.

Limits & Restrictions(4)

•Spearfish occupancy calculation: Maximum of 5 unrelated individuals per single-family dwelling unit per local zoning code. Count your bedrooms to determine your max guest limit.
•Spearfish limits stays to a maximum of 27 nights.
•Spearfish limits STRs to a maximum of 5 guests. Formula: Maximum of 5 unrelated individuals per single-family dwelling unit per local zoning code

Safety Requirements(1)

•Spearfish requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher, fire inspection, posted maximum occupancy, posted emergency contact, Guest register maintenance, State Health Department inspection, Egress window compliance.

Penalties(2)

•Spearfish enforces the following penalties for STR violations: First offense: Varies. Second offense: Varies. Third offense: Varies. Permit may be revoked for violations.
•Spearfish: Repeated violations can result in permanent permit revocation. You would lose the ability to operate any STR.

Exemptions(3)

•Spearfish: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).
•Spearfish: Rentals for 10 or fewer days annually are considered 'casual' and exempt from state licensing.

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Disclaimer

Regulatory information is AI-researched for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Other South Dakota Markets

Sioux Falls

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Sioux Falls requires short-term rentals to be registered with the city and licensed by the state, with specific safety and occupancy standards defined in the 2024 updated zoning ordinance.

Permit required

0.1% total tax

Brookings

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Moderate

The City of Brookings requires all short-term rentals to obtain an annual permit, comply with specific residential standards, and remit state and local lodging taxes.

Permit required

0.1% total tax

Vermillion

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Short-term rentals in Vermillion are regulated under the general Rental Housing Code, which requires mandatory registration and biennial inspections for all rental dwellings.

Permit required

0.1% total tax

Pierre

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Pierre does not have a specialized short-term rental ordinance but requires a state-level lodging license and the collection of several state and local taxes, including a $2.00 per room per night occupancy tax.

0.1% total tax

Spearfish

Baseline Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

4 Things Hosts Often Miss

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Regulation Details

Eligibility(4)

Requirements(10)

Application Process(8)

Taxes(3)

Limits & Restrictions(4)

Safety Requirements(1)

Penalties(2)

Exemptions(3)

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Step-by-Step Application Guide

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Frequently Asked Questions

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Other South Dakota Markets

Sioux Falls

Brookings

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Spearfish

Baseline Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

4 Things Hosts Often Miss

Step-by-Step Application Guide

Upgrade to Pro

Frequently Asked Questions

1Do I need a permit for short-term rentals in Spearfish?

2What is the TOT tax rate in Spearfish?

3Are there rental night limits in Spearfish?

4What are the penalties for non-compliance in Spearfish?

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Other South Dakota Markets

Sioux Falls

Brookings

Vermillion

Pierre