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Minnehaha County, SD Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Minimum standard
Minnehaha Conservation District specifications
Temporary measures
Designed to withstand a 2-year rain
Oversight
Planning Director with Conservation District
Ditches/drainageways
Cannot be disturbed without Director approval
Violation penalty
Class 2 Misdemeanor, SDCL 7-18A-2

Summary

Minnehaha County requires an erosion control plan for every subdivision development site under Ordinance MC23-93, Section 10.01. Grading, cut-and-fill work and vegetation stripping must be held to a minimum, and the Planning Director, working with the Minnehaha Conservation District, can order further measures to stop sediment and waste from reaching roads or other property.

City-specific rules exist: Sioux Falls has its own erosion control rules that differ from Minnehaha County's county-level regulations. If you live in Sioux Falls, check the city-specific page instead.

Measures used to control erosion on a development site shall, as a minimum, meet the standards and specifications of the Minnehaha Conservation District. Stripping of vegetation, regrading and cut and fill operations should be kept to a minimum, as should the amount of land and the duration of exposure. Whenever feasible, development plans should be made in conformance with topography in order to create the least erosion potential. Similarly, as much as possible natural vegetation shall be retained, protected and supplemented. The Planning Director, with assistance of the Conservation District, shall require any further measures as necessary to prevent erosion on building sites and developments from depositing wastes or sediments on roads or other property. Every effort shall be made to retain the natural vegetation on all ditches and drainageways. Ditches and drainageways will not be disturbed without the approval of the Planning Director.

Full Breakdown

01 of the 1993 Revised Subdivision Ordinance sets the baseline: every erosion-control measure on a development site must meet, at minimum, the standards and specifications of the Minnehaha Conservation District. The ordinance directs that stripping of vegetation, regrading, and cut-and-fill operations be kept to a minimum, along with the amount of land disturbed and the duration it stays exposed. Where feasible, development plans have to conform to existing topography to create the least erosion potential, and natural vegetation must be retained, protected and supplemented as much as possible rather than cleared wholesale.

The Planning Director, with assistance from the Conservation District, can require any further measures necessary to keep building sites and developments from depositing waste or sediment on roads or other property. Ditches and drainageways get specific protection: the ordinance directs that every effort be made to retain natural vegetation on them, and they cannot be disturbed without the Planning Director's approval. 01(B)). 02 adds that existing natural features adding value to the development or the surrounding community, such as trees and water courses, should be preserved in the subdivision design. 04, not a standalone construction-site stormwater permit.

Violations & Fines

Erosion control is enforced as part of subdivision plat approval: a plat that does not meet Section 10.01's standards is not approved, and no building permit may issue on land subdivided in violation. Section 2.04 makes any violation of the subdivision ordinance a Class 2 Misdemeanor under SDCL 7-18A-2, with each day of continued violation a separate offense.

Frequently Asked Questions

Does Minnehaha County require an erosion control plan for new subdivisions?
Yes. Section 10.01 of Ordinance MC23-93 requires erosion control on every development site to meet at least the standards of the Minnehaha Conservation District, with stripping of vegetation, regrading and cut-and-fill work kept to a minimum and natural vegetation retained wherever possible.
What storm event must temporary erosion control measures withstand?
Temporary measures used during construction must be designed to withstand a two-year rain event, per Section 10.01(B). The erosion control plan has to show the construction sequence and an estimated time of exposure for each disturbed area.
Can a landowner clear a drainageway on their property?
Not without approval. Section 10.01 states that every effort shall be made to retain natural vegetation on all ditches and drainageways, and that ditches and drainageways will not be disturbed without the Planning Director's approval.
Who enforces the subdivision erosion control requirement?
The Planning Director enforces Section 10.01, with assistance from the Minnehaha Conservation District, and can require additional measures beyond the plan if needed to keep sediment or waste off roads and other property. Violations fall under the ordinance's Section 2.04 misdemeanor penalty.

Sources & Official References

Other rules in Minnehaha County

All Minnehaha County rules

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