9 county-level rules, plus city-specific rules for 1 city in Minnehaha County, South Dakota.
Verified from official government sources
Minnehaha County allows Accessory Dwelling Units (ADUs) under Article 12.20 of the 1990 Revised Zoning Ordinance, as added/amended by Ordinance MC16-183-25 (adopted April 22, 2025). ADUs are a CONDITIONAL USE — not permitted by right — in the A-1 Agriculture, RR Rural Residential, RS-1 Residential, and RC Recreation/Conservation districts of the unincorporated county. Attached, internal, and detached ADUs are all recognized forms; a detached ADU is capped at 50% of the primary dwelling's floor area, with 7-foot side and rear setbacks and a front setback matching the primary dwelling.
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.
Minnehaha County does NOT charge an impact fee, system development charge, or infrastructure fee on Accessory Dwelling Units in the unincorporated county. South Dakota law does not establish a general statutory impact-fee framework, and the county relies instead on the standard building-permit valuation/fee schedule (2025 Building Permit Fee Schedule, based on 2021 IBC/IRC valuation tables), a conditional-use permit application fee, and case-by-case on-site wastewater (septic) review fees. There is no school, road, water, sewer, park, or fire impact fee on residential construction in unincorporated Minnehaha County.
Article 12.20 of the 1990 Revised Zoning Ordinance, as added by MC16-183-25 (4/22/2025), does NOT impose a blanket owner-occupancy requirement on ADUs in unincorporated Minnehaha County. The ordinance contemplates a wide range of uses — relative housing, long-term rental, full-time caretaker housing, and short-term rental — none of which presuppose the property owner living on-site. South Dakota imposes no statewide owner-occupancy rule for ADUs. The conditional-use permit process, however, allows the Planning Commission to impose site-specific occupancy conditions on a case-by-case basis.
Minnehaha County's Article 12.20 ADU ordinance (MC16-183-25, 4/22/2025) was specifically structured to allow flexible rental use of the unit. The county's announcement and public-hearing record describe permitted uses as housing for a relative, a long-term renter, a full-time caretaker, OR a short-term rental property. There is NO ADU-specific rental ban, lease-length minimum, or hosted-only restriction in the unincorporated county. South Dakota has no statewide STR registration or rental-restriction law — SDCL Chapter 10-45D (1.5% tourism tax) and Chapter 10-45 (4.2% state sales tax) impose only tax-collection obligations, not zoning bans.
Sheds in unincorporated Minnehaha County are governed by the Minnehaha County Zoning Ordinance, adopted under SDCL Chapter 11-2 (county zoning enabling act). Small accessory storage buildings are broadly permitted on residential and agricultural parcels, with setbacks and size limits set by the underlying zoning district. The county Planning & Zoning Department issues building/zoning permits and enforces setbacks; small sheds under typical thresholds may not require a building permit but still must meet setback rules.
Converting a garage into living space in unincorporated Minnehaha County requires compliance with the County Zoning Ordinance (administered under SDCL Chapter 11-2) and any adopted building code provisions. A conversion that creates additional habitable area or a second dwelling unit is treated as either an addition to the principal dwelling or as an accessory dwelling unit, depending on whether it has independent cooking, sleeping, and bathing facilities. South Dakota has NO statewide ADU preemption — all rules are local to the county.
Carports in unincorporated Minnehaha County are regulated as accessory structures under the County Zoning Ordinance (adopted under SDCL Chapter 11-2). Permanent carports — those with footings, posts, or a fixed roof — generally require a zoning permit and must meet the setbacks of the applicable zoning district. Temporary fabric/canopy carports may be subject to looser rules but can still be cited as nuisances if they become dilapidated.
Tiny homes in unincorporated Minnehaha County are governed by the County Zoning Ordinance (under SDCL Chapter 11-2) plus building, electrical, and on-site wastewater rules. A tiny home on a permanent foundation is treated as a single-family dwelling and must meet minimum dwelling-size, setback, and septic requirements of the underlying zone. A tiny home on wheels (THOW) is generally treated as a recreational vehicle and may not be used as a permanent residence in most residential zones. South Dakota has NO statewide tiny-home statute.
1 cities in Minnehaha County have their own accessory structures rules. Each link goes to that city's dedicated page with code citations.
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