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Lincoln County, SD Fence Regulations: Height Limits (2026)

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

Key Facts

General height limit
4 feet anywhere on a lot
Corner visibility rule
Max 30% solid within 30 feet of intersection
Behind building line
Up to 6 feet allowed
Commercial/industrial exception
Up to 8 feet in C, I-1, I-2 districts
Enforcing agency
Office of Planning and Zoning
Maximum penalty
$500 fine, 30 days jail, per day

Summary

In unincorporated Lincoln County, South Dakota, fences may rise to four feet anywhere on a lot, but a fence within 30 feet of a street intersection can be no more than 30% solid. Fences behind the front building line may reach six feet, and commercial and industrial parcels get an eight-foot allowance away from residential neighbors.

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.

(A) Fences up to four feet in height may be located on any part of the lot, except that such a fence may not be more than 30% solid if located within 30 feet of a street intersection, measuring along the property line. (B) Fences up to six feet in height may be erected on those parts of a lot that are as far back or farther back from the street than the main building. (C) Exceptions: (1) Fences up to six feet in height may be placed in the side-street-side front yard where: (a) The side-street-side front yard abuts an arterial street shown on the major street plan; (b) The side-street-side front yard is not adjacent to a side yard; or (c) The fence is located no closer to the front yard than the rear wall of the main building. (2) In the C, I-1, and I-2 zoning districts, fences not more than eight feet in height may be located on any part of a lot other than the required front yard except when such lot is adjacent to a residential district.

Full Breakdown

Lincoln County Code § 154.240, adopted by the Board of County Commissioners under Ordinance 0904-05 (passed May 20, 2009), sets the baseline fence height for every zoning district in unincorporated Lincoln County, South Dakota. Division (A) caps fences at four feet anywhere on a lot, but a corner-visibility rule applies near intersections: a fence within 30 feet of a street intersection, measured along the property line, cannot be more than 30% solid, so chain-link or split-rail construction is allowed there but a solid privacy fence is not.

Division (B) allows six-foot fences on the portion of a lot that sits as far back or farther back from the street than the main building, so a rear-yard or side-yard fence can be taller than the four-foot front-yard limit. Division (C) carves out two exceptions. First, on a corner lot's side-street-side front yard, a six-foot fence is permitted if that yard abuts an arterial street on the county's major street plan, is not adjacent to a side yard, or sits no closer to the front line than the rear wall of the main building.

Second, in the C Commercial, I-1 Light Industrial, and I-2 General Industrial districts, fences up to eight feet are permitted anywhere on the lot except the required front yard, unless the lot is adjacent to a residential district, in which case the lower limits apply. The Office of Planning and Zoning administers fence review as part of zoning compliance, and the rule sits within Chapter 154's zoning regulations rather than the building code, so a fence permit question is a land-use matter, not a structural one.

Violations & Fines

Fence violations fall under the Chapter 154 penalty clause, § 154.999. A property owner, tenant, or contractor who builds or maintains a fence that violates § 154.240 is guilty of a misdemeanor punishable by a fine of up to $500, up to 30 days in jail, or both, and each day the noncompliant fence remains is a separate offense. The county may also seek an injunction or other court action to force removal or correction.

Frequently Asked Questions

How tall can I build a fence in unincorporated Lincoln County, South Dakota?
Under Lincoln County Code § 154.240, fences are capped at four feet on any part of a lot. If the fenced area sits as far back or farther back from the street than your house, you may go up to six feet. Near a street intersection, a fence within 30 feet of the corner cannot be more than 30% solid, regardless of height.
Can I build a taller fence on a corner lot?
Yes. Section 154.240(C) allows a six-foot fence in the side-street-side front yard of a corner lot if that yard abuts an arterial street on the county's major street plan, is not next to a side yard, or is set back no closer to the street than the rear wall of the house.
Are commercial properties allowed taller fences?
In the C, I-1, and I-2 districts, § 154.240(C)(2) permits fences up to eight feet anywhere except the required front yard, but only where the lot is not adjacent to a residential district. Adjacent to housing, the standard four- and six-foot limits still apply.
What happens if my fence violates the county code?
Section 154.999 makes a zoning violation, including an oversized or noncompliant fence, a misdemeanor with a fine up to $500 and up to 30 days in jail, with each day of violation counted separately. The county can also sue to compel removal.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

How Lincoln County compares: Cities That Allow the Tallest Residential Fences·Compare Lincoln County to another location·View the South Dakota fence regulations overview

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