South Dakota Private Investigator License Requirements

South Dakota does not license private investigators. The Attorney General’s Law Enforcement Training FAQ says there is “no license required to become a private investigator in South Dakota”; the only requirement it mentions is a sales tax license, and it advises checking city and county ordinances.

South Dakota PI license FAQ

Does South Dakota require a PI license?

No, per the Attorney General’s Law Enforcement Training FAQ.

What should I check locally?

City and county ordinances where you plan to work.

Verified against: South Dakota Attorney General Law Enforcement Training FAQ. Reviewed October 13, 2026.

What a private investigator in South Dakota can and can’t do

A PI license or local permit is a business license, not police authority. In South Dakota, as everywhere in the U.S., private investigators generally cannot:

• Impersonate law enforcement or claim official authority.
• Trespass on private property to watch or photograph someone.
• Obtain bank, phone or other protected records by pretexting, which federal law prohibits.
• Hack accounts, read someone else’s email or install spyware.
• Place a tracking device on a vehicle where state law forbids it.
• Detain or arrest anyone beyond the citizen’s arrest rights every person has.

On recording, South Dakota is not on the list of all-party consent states in a 2024 legal summary by the law firm Kilpatrick, which generally means one party to a conversation can record it. That does not allow recording conversations you are not part of, and other privacy laws still apply.

Sales tax and local licenses

South Dakota’s licensing step for investigators is a tax step. The state’s sales tax applies to services unless a statute exempts them, and secondary guides from Harbor Compliance and eInvestigator agree that investigators need a sales tax license from the Department of Revenue before they bill clients. Apply through the Department of Revenue’s online tax license application, and ask the department to confirm how your specific services are taxed; health, education and some other services are exempt, investigative services generally are not.

Cities can add their own requirements, and municipal sales tax is added on top of the 4.2% state rate in many of them. Check with the city finance office where you’ll be based before you open.

Carrying a firearm in South Dakota

South Dakota ended its concealed-carry permit requirement on July 1, 2019. Senate Bill 47, the first bill Governor Kristi Noem signed, allows anyone 18 or older who may legally possess a firearm to carry a concealed pistol without a permit, and that includes nonresidents. Under-18s may carry only in the presence of a parent or guardian, and the law bars concealed carry in licensed establishments that earn more than half their income from alcohol.

Permits are still issued. South Dakota offers a regular permit plus an enhanced permit and the “gold card,” which matter mainly for carrying in states that honor South Dakota permits. There is no armed-PI license because there is no PI license, so an investigator carries under the same rules as any other adult, plus whatever a client or property owner requires.

GPS trackers and surveillance in South Dakota

South Dakota’s codified laws contain no statute aimed specifically at private use of tracking devices, according to legal guides that reviewed them. The law does regulate how police use them: a 2022 act set out the warrant procedure for law enforcement tracking devices, defining them to include GPS units, cellular devices and covert video surveillance.

For private investigators, the main limits are the stalking statute, SDCL 22-19A-1, and the eavesdropping law, SDCL 22-21-1, which makes it a misdemeanor to enter or remain on property to eavesdrop or to install an unauthorized recording device in a private place. Federal stalking and wiretap laws also apply. The absence of a device statute is not permission: track only vehicles your client owns, with written consent, and document why.

Getting public records in South Dakota

South Dakota’s open records law is SDCL chapter 1-27. A written request goes to the agency’s public record officer, who must respond promptly and no later than ten business days after receiving it (SDCL 1-27-37). The response can provide the records, deny them with written reasons, or give an estimate of when they will be ready. If the officer misses the ten-day deadline, or misses their own estimate without revising it, the request is treated as denied, and you can appeal to the Office of Hearing Examiners.

Working cases in neighboring states

Every state bordering South Dakota except Wyoming licenses private investigators. North Dakota requires 2,000 hours as a registered employee of a detective agency, Minnesota asks for 6,000 documented hours, Iowa licenses agencies through its Department of Public Safety, and Nebraska and Montana have their own exams and experience rules. Because South Dakota has no license, it has no reciprocity agreements to lean on; you would need to qualify in each of those states on your own record.

Building a career as a South Dakota investigator

Knowing the rules in South Dakota is only the first step. Our guide to becoming a private investigator covers what comes after: building qualifying experience, choosing a niche, a realistic first year, writing reports clients trust, and the most common reasons license applications get delayed. For earnings, see our private investigator salary guide.

Starter gear. A practical starting point for surveillance work is a long-zoom camera such as the Nikon Coolpix P1000 and a pair of binoculars like the Vortex Diamondback HD 10×42. Our private investigator equipment list covers the rest of a starter kit.

Frequently asked questions

Do I need a license to be a private investigator in South Dakota?

No. South Dakota does not require a state private investigator license, though a sales tax license, business registration and any local permits apply.

How long does it take to become a PI in South Dakota?

Setup can take days or weeks. Building experience and clients takes longer.

Do I need a sales tax license to be a PI in South Dakota?

Yes, according to Harbor Compliance, a sales tax license from the Department of Revenue is required.

Can a private investigator carry a concealed gun in South Dakota?

Yes. Since July 1, 2019, adults 18 and older who can legally possess a firearm may carry concealed without a permit, investigators included.

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

Ten business days from receiving a written request, under SDCL 1-27-37. No response within that time counts as a denial.