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

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

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

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?
Yes. Section 9.02 of Ordinance MC23-93 requires every subdivision drainage plan to show the surface water drainage system, detention ponds and drainageways, and it must be approved by both the Planning Director and the Highway Superintendent before the plat proceeds. A maintenance agreement for detention pond upkeep must also be filed with the plat.
What storm event do Minnehaha County detention ponds have to handle?
Drainageways and detention ponds must be designed for a 25-year storm occurrence under Section 9.02(A)(1). The contour interval on the plan has to be detailed enough for the Planning Director and Highway Superintendent to confirm the drainage pattern is adequately shown before approving the subdivision.
Who is responsible for a driveway culvert that affects drainage?
The lot owner is. Section 9.02(A)(5) states driveways cannot inhibit or restrict the flow of surface water, and it is the responsibility of each lot owner to install and maintain a culvert under the driveway once construction on the lot begins.
What happens if a developer subdivides land without an approved drainage plan?
Selling or transferring a parcel referencing an unapproved subdivision plan violates Section 2.03, and no building or zoning permit can issue on that lot. Section 2.04 makes the violation a Class 2 Misdemeanor under SDCL 7-18A-2, with each day of continued violation a separate offense.

Sources & Official References

Other rules in Minnehaha County

All Minnehaha County rules

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