Minnehaha County, SD Accessory Structures: Tiny Homes (2026)

South Dakota has not enacted a statewide tiny-home or movable-tiny-home preemption statute, so all rules are local. Under SDCL Chapter 11-2, Minnehaha County determines whether and where tiny homes may be placed in the unincorporated area. The Minnehaha County Zoning Ordinance defines a 'dwelling unit' by reference to permanent foundation, connection to approved water/sewer, and minimum floor area. Key compliance points: (1) Foundation-built tiny homes (site-built or factory-built homes meeting the IRC, including Appendix Q for tiny houses where adopted) on a permanent foundation are treated as conventional single-family dwellings — they must meet the minimum dwelling-size, setback, and lot-area rules of the underlying zone. (2) HUD-code manufactured homes are governed by federal HUD standards and any county manufactured-home placement rules. (3) Tiny homes on wheels (THOW) classified as RVs under SDCL Title 32 are not 'dwellings' for zoning purposes and generally cannot be used as a primary residence in residential zones; THOWs are restricted to licensed RV parks/campgrounds. (4) On-site wastewater (septic) requirements under the Minnehaha County On-Site Wastewater Regulations apply equally to tiny homes — the small floor area does not exempt the dwelling from septic sizing requirements. (5) Floodplain rules from the Minnehaha County Floodplain Management Ordinance apply to placement within FEMA Special Flood Hazard Areas (Big Sioux River, Skunk Creek). Inside Sioux Falls and other incorporated municipalities, separate city codes apply. Statewide nuisance authority (SDCL 21-10-1, 21-10-3) underlies all enforcement.