Midwest · Service dog laws · South Dakota
What's the difference between an ESA and a service dog in South Dakota?
Educational content, not legal advice. For your specific situation, consult a state-licensed attorney.
What the law says
28 C.F.R. § 36.104 defines a service animal as a dog "individually trained to do work or perform tasks." HUD's 2020 guidance clarifies that emotional support animals "are not limited to dogs and are not individually trained to perform a specific task."
Source: 28 C.F.R. § 36.302(c) (DOJ ADA service-animal regulation) ↗
In plain language
Federal law treats service animals and emotional support animals as different categories. A service animal under the ADA is a dog (or in limited cases a miniature horse) trained to perform specific tasks tied to a disability — and has public-access rights in stores, restaurants, and other public accommodations. An emotional support animal under the FHA can be any species and is not required to have task training; ESAs primarily have housing protections, not public-access rights. South Dakota follows the same federal framework. Whether a specific animal qualifies as one, the other, or both depends on facts about training and the disability.
Read the full South Dakota service dog laws guide
This page covers one question; the full guide walks through the federal floor, state-specific carve-outs, the documentation standard, and the accommodation process.
Service dog laws in South Dakota →