The Yankton County Commission voted Jan. 6 to grant a conditional-use permit to NESHRS Nest LLC to allow short-term rentals at a rural property at 43454 310th Street, after a lengthy discussion about whether and how the county should regulate Airbnbs.

Joel, the applicant on the telephone, told the commission the house is used as a residence for about half the year and that the owners “are hoping that we can do short term rentals for families who may have interest, passing through,” and that he would “be happy to receive the CUP since we've gone through the process to date.” Commissioners then debated whether a short-term rental is properly regulated as a bed-and-breakfast (which requires a CUP) or left as an unlisted use in the ordinance.

Commissioner Dan and others urged caution about creating a new, blanket regulation. Dan said the county must weigh enforcement costs and staffing: "If we're gonna regulate this, we're probably gonna have to add an employee into that office," noting Pennington County’s experience of heavy workload after adopting regulations. Another commissioner estimated the number of local short-term listings could be "close to a 100," a figure no commissioner could confirm on the record.

Supporters of granting the CUP said the commission could use an existing bed-and-breakfast process as a targeted tool for larger properties or those likely to host events. Commissioner Ryan said that for a 13-acre property where larger gatherings are possible, a bed-and-breakfast CUP provides "that little extra protection because you may have an event out there." Commissioners also discussed nuisance enforcement and whether some issues (parking, noise) fall more to sheriff enforcement than zoning.

Tyler Larson, identified in the record as the county state's attorney, reviewed options for the commission and noted the legal process but did not recommend a single approach. After discussion, Commissioner Ryan moved and Wanda seconded approval of the CUP for NESHRS Nest LLC; the motion carried by voice vote.

The commission recorded no additional ordinance changes at the meeting; several commissioners said they wanted the economic development or a planning-related committee to look at whether future, countywide regulation should be developed. The applicant was advised to work with county staff on next steps and compliance.

What happens next: The CUP was granted; commissioners indicated they may refer broader policy questions about short-term rentals to a committee for study and possible ordinance changes, but no formal action to change the county code was taken at this meeting.