Minnehaha County, SD Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Governing ordinance
- 2021 IRC amendments, Ordinance MC 62-22
- Effective date
- May 31, 2022
- Key section
- IRC § R109.1.3, Floodplain Inspections
- Second checkpoint
- IRC § R109.1.6.1 before final inspection
- No remodel waiver
- IEBC § 104.10.1 (Ordinance MC 63-22)
- Enforcing office
- Planning & Zoning Dept, Floodplain Administrator
- Underlying standard
- 2017 Floodplain Management Ordinance
Summary
In flood hazard areas of unincorporated Minnehaha County, builders must document the as-built elevation of a structure's lowest floor, including the basement, before framing continues above it. Section R109.1.3 of the county's 2021 International Residential Code amendments (Ordinance MC 62-22) requires a registered design professional to certify that elevation to the Floodplain Administrator, tying every permit back to the 2017 Floodplain Management Ordinance's base flood elevation standard.
R109.1.3 Floodplain inspections. For construction in flood hazard areas as established by 2017 Floodplain Management Ordinance for Minnehaha County upon placement of the lowest floor, including basement, and prior to further vertical construction, the floodplain administrator shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in 2017 Floodplain Management Ordinance for Minnehaha County.
Full Breakdown
Minnehaha County adopted the 2021 International Residential Code through Ordinance MC 62-22, effective May 31, 2022 and applicable to permits issued after May 27, 2022; it repealed the prior code adoption, Ordinance MC55-19. 3, "Floodplain Inspections," governs construction anywhere in a flood hazard area shown on the county's Flood Insurance Rate Map. Once the lowest floor, including any basement, is placed and before the builder frames any further vertical construction, the Floodplain Administrator must receive documentation of that floor's elevation, prepared and sealed by a registered design professional such as a licensed engineer, architect, or surveyor.
The section ties that documentation requirement directly back to the elevation standard set out in the county's 2017 Floodplain Management Ordinance. 10 must reach the Floodplain Administrator again before the county will conduct the final inspection, meaning a project can clear framing only to be held up at closeout if the certified elevation was never filed. 1 of its 2021 International Existing Building Code amendments (Ordinance MC 63-22, also effective May 31, 2022), the code official is barred from granting any modification to the flood-resistance provisions of the 2017 Floodplain Management Ordinance for existing buildings undergoing repairs, alterations, or additions that qualify as a substantial improvement.
Building permits for flood hazard area projects are issued and inspected through the county's Planning and Zoning Department, which the code amendments identify as the office housing the Floodplain Administrator and the building official for unincorporated Minnehaha County.
Violations & Fines
Building without the required lowest-floor elevation certification, or continuing work after a stop order, exposes an owner to Section R113.3 prosecution: the building official may ask county legal counsel to treat the violation as a strict liability offense and seek an injunction, mandamus, or other court action to restrain, correct, or abate the work, or to terminate an unlawful occupancy. Appeals on code interpretation go to the Board of Appeals under Section R112.1, which is the county's Planning Commission sitting in that capacity; the board has no authority to waive the flood-resistance elevation requirement itself.
Frequently Asked Questions
Does Minnehaha County require proof of a building's flood elevation?
Can the county waive the flood elevation standard for a remodel?
When is elevation documentation checked a second time?
What happens if someone builds in a flood hazard area without certifying the elevation?
Sources & Official References
Other rules in Minnehaha County
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