Minnehaha County, SD Building Safety: Building Permits (2026)
Key Facts
- Governing ordinance
- MC 61-22 (2021 IBC), adopted April 19, 2022
- Effective date
- May 31, 2022
- Enforcement agency
- Department of Planning and Zoning
- Legal authority
- SDCL 7-8-20(17)
- Maximum jail term
- 30 days per violation
- Application filed with
- County building official (Sec. 105.1)
Summary
Minnehaha County requires a building permit before anyone constructs, enlarges, alters, repairs, moves, demolishes, or changes the occupancy of a building or structure, or installs, alters, repairs, or replaces an electrical, gas, mechanical, or plumbing system covered by the 2021 International Building Code. Applicants file with the county building official in the Department of Planning and Zoning; the building official or Planning Director may exempt only minor work.
[A] 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. The building official or Planning Director may exempt permits for minor work.
Full Breakdown
Minnehaha County adopted the 2021 International Building Code by Ordinance MC 61-22 on April 19, 2022, under authority of South Dakota Codified Law 7-8-20(17), which lets the county regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of buildings in the unincorporated county. The adoption became effective May 31, 2022, and applies to any building permit issued after May 27, 2022; a printed copy of the code and its amendments is kept on file with the County Auditor.
1, the Department of Planning and Zoning is the enforcement agency, and its official in charge is titled the building official. 1 requires an owner or authorized agent to file an application with the building official and obtain a permit before starting any covered construction, alteration, or system work; the building official or Planning Director can exempt only minor work. 2 lists specific exemptions from the building permit itself, such as tool sheds under 120 square feet, fences no taller than six feet, and retaining walls no taller than four feet, but that section states plainly that exempt work must still meet the county's separate zoning ordinance requirements, including setbacks. 3 requires a written application identifying the work, describing the land by legal description or address, and stating the intended use and occupancy.
Violations & Fines
Under Section [A] 114.4, violating the 2021 IBC as adopted by Minnehaha County, including working without a required permit, is punishable by a fine up to the amount set in SDCL 22-6-2(2), by up to thirty days' imprisonment, or both, and the county may also seek civil injunctive relief under SDCL Chapter 21-8. Each day a violation continues is a separate offense. The building official may also issue a written stop-work order under Section 115.2 requiring cited work to cease immediately.
Frequently Asked Questions
Do I need a permit to build a small storage shed in Minnehaha County?
What happens if I do construction work without the required county permit?
Who is the building official for unincorporated Minnehaha County?
When did the current building code take effect in the county?
Sources & Official References
Other rules in Minnehaha County
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