Yard signs—especially those endorsing or opposing a political candidate or issue—are sometimes the target of homeowners’ associations (HOAs), neighborhood organizations, local governments, and vandals.
The First Amendment to the U.S. Constitution only prohibits federal, state, or local government interference with free speech. But many states have enacted statutes that protect elections and political speech in yard and other signs—allowing HOAs, neighborhood organizations, and local governments to place some limits on political signs, but not to ban them. For example, signs may be required to be inoffensive, mounted in the ground, and only displayed for 45 or 90 days before an election and up to ten days following an election.
State statutes that permit political signs on private property may also permit political signs in an unpaved right-of-way (ROW)—a city-owned strip of land from the edge of a city street or county road.
Yard signs that are not political speech—such as those warning trespassers (No Trespassing) or advertising a business’s goods or services or that a property or home is for sale—are generally subject to restrictions by HOAs, neighborhood organizations, and local governments. For example, some municipalities may require a permit to display certain signs.
In South Dakota, the regulation of yard signs, including those endorsing or opposing political candidates or issues, is subject to both state statutes and local ordinances. While the First Amendment protects individuals from government interference with free speech, homeowners' associations (HOAs) and local governments may have rules regarding the display of political signs. South Dakota law generally supports the right to display political signs on private property, but HOAs and local governments may impose reasonable restrictions on the size, number, and duration of sign display to maintain community aesthetics and safety. These restrictions might include limitations on how long before and after an election signs can be displayed, as well as requirements for signs to be inoffensive and properly mounted. Non-political signs, such as those advertising a business or indicating a property is for sale, are more heavily regulated and may require permits or be subject to more stringent local rules. It's important for residents to check with their local government and HOA to understand the specific regulations that apply to their area.