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Lincoln County, SD Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing section
Lincoln County Code § 152.096
Watercourse easement
40-foot minimum
Driveway culvert minimum
18 inches
Storm events modeled
5-, 25- and 100-year
Post-development runoff
Cannot exceed pre-development rate

Summary

Every new subdivision in unincorporated Lincoln County, South Dakota must submit a drainage plan covering detention ponds, drainage channels and easements. Post-development runoff cannot exceed pre-development flow rates, and the Board of Commissioners' Planning and Zoning process reviews the five-, 25- and 100-year storm events before approving any plat.

These county ordinances apply to unincorporated areas of Lincoln County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 152.096 DRAINAGE PLAN. ... (A) All drainage facilities, including on-site detention, drainageways, detention ponds, and drainage channels, shall be shown on the drainage plan. ... (2) A natural or established watercourse requires a minimum of a 40-foot easement; (3) The five-, 25-, and 100-year storm event for predevelopment conditions and post development conditions shall be shown. The post development flow rate from the subdivision shall not exceed pre-developed flow rates from any location as reviewed and approved by the county; ... (c) Driveway culverts shall be designed for the five-year storm occurrence. Any driveway culverts that exceed the minimum size of 18 inches shall be constructed by the developer along with the road improvements. Roadway culverts, drainageways, and road ditches should generally be designed for the 25-year storm occurrence;

Full Breakdown

Under Lincoln County Code § 152.096, a developer's drainage plan must show all drainage facilities, including on-site detention, drainageways, detention ponds and drainage channels, and must expand to cover neighboring properties in the same drainage basin when upstream or downstream impacts are possible. A natural or established watercourse requires a minimum 40-foot easement. The plan must model the five-, 25- and 100-year storm events for both pre- and post-development conditions, and the post-development flow rate leaving the subdivision cannot exceed the pre-developed rate at any location, as reviewed and approved by the county.

Detention ponds and outlet control structures must be sized to mitigate the increased flowrate for those same storm events, with detention storage beginning at an elevation tied to the discharge point, floodplain, wetland elevation or top of bank. Driveway culverts are designed for the five-year storm; any driveway culvert larger than the 18-inch minimum must be built by the developer along with the road improvements, while roadway culverts, drainageways and road ditches are generally designed for the 25-year storm. A maintenance agreement covering all drainage facilities and natural watercourses must be filed with the plat, and each lot owner is responsible for installing and maintaining the driveway culvert unless the developer already installed it. Concentrated discharge onto adjacent land requires written permission from that landowner, a drainage easement, or approved energy dissipation methods.

Violations & Fines

Lincoln County Code § 152.999 makes any violation of the subdivision chapter, including the drainage plan requirements, punishable by a fine up to the amount set in SDCL § 22-6-2(2), up to 30 days imprisonment, or both. Each day a violation continues is a separate offense, and unapproved drainage work can halt plat approval and building permits under § 152.125.

Frequently Asked Questions

Does a new subdivision have to control stormwater runoff in Lincoln County?
Yes. Under § 152.096, the developer's drainage plan must ensure post-development flow leaving the subdivision does not exceed pre-development flow rates, verified against the five-, 25- and 100-year storm events and approved by the county before the plat is recorded.
Who maintains detention ponds after a subdivision is built?
A maintenance agreement covering all drainage facilities, including detention ponds, drainageways and channels, must be filed with the plat under § 152.096(B)(5), and lot owners are responsible for their own driveway culverts under § 152.096(B)(7) unless the developer installed them.
What happens if a developer ignores the drainage plan requirement?
Under § 152.999, any violation of the subdivision chapter carries a fine up to the SDCL § 22-6-2(2) limit, up to 30 days in jail, or both, with each day of continued violation counted as a separate offense.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

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