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

South DakotaUpdated Feb 12, 2026

Gold-standard verification1% sourced

Cross-referenced against 0 official sources — municipal codes, planning-department pages, and government registries.

Verified Feb 12, 2026Sources 0

Summary

Plain-english overview

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

Severity 0

Classification

Permissive

Severity

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

What this means for you

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

Key numbers

Permit requiredNo

Night limitNone

Primary residenceNot required

Total tax rate0.1%

Permit fee$0

Processing time2-4 weeks

4 things hosts often miss

Common compliance gaps

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

Regulation details

Sourced from official code

Eligibility4 rules

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.

Requirements10 rules

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 process8 rules

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.

Taxes3 rules

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 & restrictions4 rules

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 requirements1 rule

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.

Penalties2 rules

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.

Exemptions3 rules

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.

How to get permitted

Step-by-step guide for Spearfish

0/4

steps completed

Step 1

Register with SD Department of Revenue

Obtain a South Dakota Sales Tax License to collect and remit the 4.2% state tax, 2% city sales tax, 1% hospitality tax, and 1.5% tourism tax.

1 weekFree

Documents needed

Business information
Owner SSN or EIN

Official resource

Step 2

Apply for State Lodging License

Apply for a South Dakota Department of Health (DOH) 'Vacation Home' Lodging License.

2-4 weeks$270

Documents needed

Lodging license application packet
Floor plan
Payment of $100 initial fee and $170 annual fee

Official resource

Step 3

Pass Safety Inspection

Schedule and pass a mandatory on-site health and safety inspection by a DOH regional inspector.

1-2 weeksFree

Documents needed

Ready premises
Installed safety equipment

Official resource

Step 4

Display License

Once received, the lodging license must be prominently displayed within the rental unit as required by state law.

ImmediateFree

Documents needed

Original state license

Frequently asked questions

4 answered

Disclaimer

Regulatory information is AI-researched from public city/county codes 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.

Researched & verified by Learn STR at GoStudioM

Spearfish

Permissive

South DakotaUpdated Feb 12, 2026

Gold-standard verification1% sourced

Cross-referenced against 0 official sources — municipal codes, planning-department pages, and government registries.

Verified Feb 12, 2026Sources 0

Summary

Plain-english overview

Restriction level

Severity 0

Classification

Permissive

Severity

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

What this means for you

At a glance

Key numbers

Permit requiredNo

Night limitNone

Primary residenceNot required

Total tax rate0.1%

Permit fee$0

Processing time2-4 weeks

4 things hosts often miss

Common compliance gaps

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

Regulation details

Sourced from official code

Eligibility4 rules

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.

Requirements10 rules

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 process8 rules

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.

Taxes3 rules

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 & restrictions4 rules

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 requirements1 rule

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.

Penalties2 rules

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.

Exemptions3 rules

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.

How to get permitted

Step-by-step guide for Spearfish

0/4

steps completed

Step 1

Register with SD Department of Revenue

Obtain a South Dakota Sales Tax License to collect and remit the 4.2% state tax, 2% city sales tax, 1% hospitality tax, and 1.5% tourism tax.

1 weekFree

Documents needed

Business information
Owner SSN or EIN

Official resource

Step 2

Apply for State Lodging License

Apply for a South Dakota Department of Health (DOH) 'Vacation Home' Lodging License.

2-4 weeks$270

Documents needed

Lodging license application packet
Floor plan
Payment of $100 initial fee and $170 annual fee

Official resource

Step 3

Pass Safety Inspection

Schedule and pass a mandatory on-site health and safety inspection by a DOH regional inspector.

1-2 weeksFree

Documents needed

Ready premises
Installed safety equipment

Official resource

Step 4

Display License

Once received, the lodging license must be prominently displayed within the rental unit as required by state law.

ImmediateFree

Documents needed

Original state license

Frequently asked questions

4 answered

Disclaimer

Researched & verified by Learn STR at GoStudioM

Summary

Restriction level

Why this classification

In plain English

At a glance

4 things hosts often miss

Regulation details

How to get permitted

Register with SD Department of Revenue

Apply for State Lodging License

Pass Safety Inspection

Display License

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?

Disclaimer

Summary

Restriction level

Why this classification

In plain English

At a glance

4 things hosts often miss

Regulation details

How to get permitted

Register with SD Department of Revenue

Apply for State Lodging License

Pass Safety Inspection

Display License

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?

Disclaimer