Minnehaha County, SD Environmental Rules: Stormwater Management (2026)
Key Facts
- Design storm
- 25-year storm occurrence
- Plan approval
- Planning Director & Highway Superintendent
- Detention pond upkeep
- Maintenance agreement filed with plat
- Driveway culverts
- Required; owner installs & maintains
- Violation penalty
- Class 2 Misdemeanor, SDCL 7-18A-2
Summary
Any new subdivision in unincorporated Minnehaha County must include a drainage plan under Ordinance MC23-93, Section 9.02. The plan covers on-site detention, drainageways, detention ponds and drainage channels, and needs sign-off from both the Planning Director and the Highway Superintendent before the plat can move forward. Detention ponds and drainageways must be engineered for a 25-year storm.
All drainage facilities including on-site detention, drainageways, detention ponds and drainage channels shall be shown on the drainage plan and is subject to the approval of the Planning Director and Highway Superintendent. The developer may be required to expand the drainage plan to include other properties within the drainage basin when the County determines that the potential exists for impact beyond the development area, both upstream and downstream. ... 1) Existing and proposed contour lines and the surface water drainage system, including any major alteration of the existing drainage pattern. Drainageways and detention ponds shall be designed for a 25 year storm occurance. The contour interval shall be of such detail that the final drainage pattern is adequately illustrated. 2) The boundaries of all drainage easements and detention ponds. A maintenance agreement for the upkeep of the detention ponds shall be filed with the plat.
Full Breakdown
02 of the 1993 Revised Subdivision Ordinance (MC23-93, revised 7/22/2008) requires every subdivision drainage plan to show existing and proposed contour lines and the full surface water drainage system, including any major alteration of the existing pattern. Drainageways and detention ponds must be sized for a 25-year storm occurrence, and the contour interval has to be detailed enough that the Planning Director and Highway Superintendent can verify the final drainage pattern before signing off. The plan must mark the boundaries of every drainage easement and detention pond, and a maintenance agreement covering upkeep of the ponds has to be filed with the plat itself, not left to a side letter.
Individual lot drainage must tie into the general surface pattern for the area, and the ordinance specifically bars concentrating storm runoff from one lot onto an adjacent lot. Surface water cannot be routed across or around any street intersection. Driveways get their own rule: they cannot inhibit or restrict the flow of surface water, and each lot owner is responsible for installing and maintaining a culvert under the driveway once construction starts. 02(A) lets the County require the developer to expand the plan to cover other affected properties both upstream and downstream.
01 requires plat approval before any building permit issues on the site. 02 if strict application would cause real hardship, but the variance still has to preserve the ordinance's general intent.
Violations & Fines
Selling or transferring any parcel by reference to an unapproved subdivision plan is barred under Section 2.03, and no zoning or building permit may issue for a lot subdivided or sold in violation of the ordinance. Section 2.04 makes any violation a Class 2 Misdemeanor punishable under SDCL 7-18A-2, with each day the violation continues counting as a separate offense (amended MC23-06-07, 8/15/2007).
Frequently Asked Questions
Does Minnehaha County require a drainage plan before a subdivision can be platted?
What storm event do Minnehaha County detention ponds have to handle?
Who is responsible for a driveway culvert that affects drainage?
What happens if a developer subdivides land without an approved drainage plan?
Sources & Official References
Other rules in Minnehaha County
Compare Minnehaha County to another location·View the South Dakota environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.