Every ADU in unincorporated Minnehaha County requires TWO approvals: (1) a Conditional Use Permit (CUP) from the Planning Commission under Article 12.20 and Article 22 of the 1990 Revised Zoning Ordinance, and (2) a building permit from the Planning & Zoning Department under the 2021 IRC (adopted April 19, 2022). CUP applications must be filed at least 30 days before a regularly scheduled Planning Commission meeting; a building permit issues only after the CUP is granted and is required for new construction, additions, remodeling, and certain structural repairs.
The Planning & Zoning Department at 415 N. Dakota Avenue, Sioux Falls (605-367-4204) administers both processes. CUP application packets include the application form, a checklist of required materials (site plan, floor plans, septic/well documentation if applicable, parcel survey), and the CUP fee. The Planning Commission holds a public hearing; adjacent property owners receive notice. If approved, the CUP is recorded and runs with the land. Building permit valuation follows the 2025 Building Permit Fee Schedule (referencing the 2021 IBC/IRC valuation tables); fees are based on construction cost. On-site wastewater approval is required where the parcel is not on a municipal sewer connection — most unincorporated parcels in Minnehaha County are on septic, regulated by the county On-Site Wastewater Treatment System ordinance. Electrical and plumbing permits are state-issued (SD Electrical Commission, SD Plumbing Commission), not county. Where the ADU lies inside the joint Sioux Falls/Minnehaha zoning jurisdiction, the joint ordinance (Article 15.20) and Sioux Falls Community Development apply instead.
Beginning construction without a CUP or a building permit is a Class 2 misdemeanor under SDCL §11-2-35 (county zoning enforcement), punishable by up to 30 days jail and $500 fine, plus a stop-work order. Failing to obtain on-site wastewater approval where required is separately enforceable under the county septic ordinance. Continued unpermitted construction may result in civil abatement and a court order to remove the structure.
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