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South Dakota · reviewed September 2026

Seasonal RV site agreements in South Dakota

What South Dakota law says about seasonal and annual RV guests, sub-metered electricity, sales tax and online signatures — and the clauses your agreement should carry because of it. Written for park owners, not lawyers.

Guest or tenant?South Dakota has no RV-park-specific tenancy act.
Metered electricNo South Dakota statute or PUC rule specific to campground/RV park submetering was found.
Sales / lodging taxState sales tax (plus the 1.5% tourism tax) applies to campground site rentals to 'transient guests', defined as people who stay less than 28 consecutive days; a stay of 28 consecutive days or more is not a taxable lodging rental.
Signing onlineUniform Electronic Transactions Act (SDCL ch. 53-12)

Short version. Details, citations and sources are below.

Is a seasonal guest a tenant in South Dakota?

South Dakota has no RV-park-specific tenancy act. In 2022 the legislature added SDCL 43-32-37, which lets a hotel, campground, or RV park eject a person (without refunding their payment, per the business's policy) for ten listed reasons: nonpayment, disorderly conduct, unlawful activity, explosives, being an unregistered guest, exceeding occupancy limits, false pretenses, unsupervised minors, violating laws, or breaching posted park rules. It does not set a day threshold that converts an RV guest into a tenant, and it sits inside the general landlord-tenant chapter, so a long-term seasonal occupant with a lease could still argue general landlord-tenant rules apply.

What that means for notices and removal

Not specifically addressed by day count. For the enumerated grounds, 43-32-37 allows ejection under the park's posted policy. Otherwise general landlord-tenant rules apply: a month-to-month tenancy is ended with one month's written notice, and nonpayment can be handled with a 3-day notice to quit followed by a forcible entry and detainer action (SDCL ch. 21-16).

Cite: SDCL 43-32-37 (added 2022, HB 1177); SDCL 43-32-13 (notice to terminate periodic tenancy)

Sub-metering electricity to RV sites in South Dakota

No South Dakota statute or PUC rule specific to campground/RV park submetering was found. The PUC regulates investor-owned utilities, not a park passing metered electricity through to its occupants; check your serving utility's or cooperative's tariff, which may restrict resale, and bill at cost to stay clear of being treated as a utility.

Sales and lodging tax on seasonal sites in South Dakota

State sales tax (plus the 1.5% tourism tax) applies to campground site rentals to 'transient guests', defined as people who stay less than 28 consecutive days; a stay of 28 consecutive days or more is not a taxable lodging rental. Campgrounds that rent sites 10 or fewer days a year are exempt as casual/occasional.

Cite: SDCL 10-45-7

Signing agreements online in South Dakota

Uniform Electronic Transactions Act. Electronic signatures are valid for seasonal site agreements when the guest agrees to sign electronically, intends to sign, and the record is kept in a form that can be reproduced and shown not to have changed. Seasonal Sites records the signer’s typed name, email, time, IP address and a SHA-256 fingerprint of the exact text signed, and stores the signed PDF.

Cite: SDCL ch. 53-12

Clauses to include in a South Dakota seasonal agreement

These are added on top of the eleven sections in the free template. Adjust the bracketed parts and have a local attorney read the result.

Recreational use, not a residence"The Site is licensed for recreational use only. The Guest maintains a permanent residence elsewhere at the address above, and the Site is not the Guest’s primary residence. Nothing in this agreement creates a residential tenancy." In this state the line between a recreational guest and a residential tenant is what decides which removal process applies, so say it plainly and keep the guest’s home address on file.
Notice periodMatch the notice periods in your termination section to the ones the state uses (3-day notice appears in the rules summarized above) rather than inventing shorter ones; a shorter contractual notice is not enforceable where the statute sets a floor.
Metered electricity"Electricity is individually metered and billed at the Park’s actual cost per kWh from its utility, with no markup, read on or about the [day] of each month; readings are available to the Guest on request." Keep the utility bills and meter readings for at least three years.
Term length and taxState the exact term dates and that the agreement is for a continuous stay of 28 days or more, and keep the signed copy with the term on it — where the summary above shows a long-stay exemption, that document is usually what the auditor asks for.
Electronic signature consent"The Guest consents to sign this agreement electronically and to receive invoices, receipts and notices by email at the address above." Keep the signer name, email, date/time, IP address and a fingerprint of the signed text.

Your state association is a good second opinion on all of this: South Dakota Campground Owners Association (SDCOA).

Get the free seasonal site agreement template

Eleven plain-English sections, Word and PDF, with bracketed fields to fill in. Then paste the South Dakota clauses above into it.

Or skip the paperwork entirely

Seasonal Sites takes this same agreement, fills in each guest’s name, site, rate and dates, emails them a link to sign on their phone, puts the installments on autopay, bills metered electric from your readings, and keeps the signed PDF with the audit record. Renewals for the whole park go out in one click. It works beside whatever reservation system you already use.

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Sources

This page summarizes public sources as of September 2026 for park owners and is not legal or tax advice. Statutes, tariffs and tax rules change; confirm anything you rely on with the agency or an attorney licensed in South Dakota. Found an error? Email hello@seasonalsites.com.