Sioux Falls, SD Environmental Rules: Erosion Control (2026)
Key Facts
- Permit issuer
- City engineer
- Small-fill exemption
- Under 300 cubic yards
- Shallow-cut exemption
- Excavation under 2 feet
- Max fine
- $500, up to 30 days jail
Summary
Sioux Falls requires a grading permit from the city engineer before any excavation or fill, separate from a building permit, with narrow exemptions for small fills and permit-covered work.
1804.8 Grading permits required. No person shall excavate or grade without first obtaining a permit from the city engineer. If a building permit is not obtained, a separate grading permit must be obtained from the city engineer for each site and may cover both excavations and fills. Exceptions:
1. A separate grading permit is not required from the city engineer where a site plan for a new building, structure, or addition is submitted for plan review where an excavation below finished grade for basements, footings, and foundations of a building, retaining wall, or other structure is authorized by a valid building permit.
2. A fill of less than 1 foot in depth and placed on natural terrain with a slope flatter than one unit vertical to five units horizontal (20 percent slope), or less than 3 feet (914 mm) in depth not intended to support structures, which does not exceed 300 cubic yards (229 m3) on any one lot and does not obstruct a drainage course.
3. Excavation, removal, or stockpiling of rock, sand, dirt, clay, or other like material as may be required by the state, county, or city authorities in connection with the construction or maintenance of roads and highways. This shall not exempt work for street construction when such work is performed by private developers. When the private developer has obtained a permit to perform site grading, a second permit will not be required for street grading.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-135: Current through local ordinance 54-26, passed 7-14-2026).
Full Breakdown
Under the city's amended International Building Code, anyone who wants to excavate or grade land in Sioux Falls needs a permit from the city engineer first. If the project already has a valid building permit covering excavation for footings, foundations, or a reviewed site plan, a separate grading permit isn't required. The code carves out other narrow exceptions: fills under 300 cubic yards that don't block a drainage course, shallow excavations under 2 feet deep, utility digs, and a few similar cases. Once a grading permit is issued, § 1804.8.1 requires an approved grading plan showing existing and proposed elevations plus the erosion-control method.
Violations & Fines
Grading or excavating without the required permit violates city building code § 150.017 (IBC § 1804.8); the general Code penalty under § 10.999 is a fine up to $500, up to 30 days in jail, or both, with each day a separate offense.
Frequently Asked Questions
Do I need a separate grading permit if I already have a building permit?
Is small-scale yard fill exempt in Sioux Falls?
Sources & Official References
Other rules in Sioux Falls
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