Minnehaha County, SD Fence Regulations: Height Limits (2026)
Key Facts
- Permit-exempt fence height
- 6 feet (1829 mm) or less
- Above that height
- Building permit required (§ 105.1)
- Actual height caps set by
- Separate county zoning ordinances
- Governing section
- 2021 IBC Ordinance § 105.2, item 2
- Enforcement agency
- Dept. of Planning and Zoning
Summary
Minnehaha County's 2021 IBC ordinance exempts fences up to 6 feet tall from the building permit otherwise required under Section 105.1. Section 105.2, item 2 makes clear that fences of any height must still meet the setback and other requirements of the county's separate zoning ordinances, which set the actual maximum heights allowed in different zoning districts.
2. Fences not over 6 feet (1829mm) high. Fences must still meet applicable requirements of the 1990 Revised Zoning Ordinance for Minnehaha County, the 2001 Revised Joint Zoning Ordinance for Minnehaha County and the City of Dell Rapids, and the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls.
Full Breakdown
2, item 2 of Minnehaha County's 2021 IBC ordinance (MC 61-22) lists 'fences not over 6 feet (1829mm) high' among the work exempt from the code's building permit. That is a permit-exemption threshold, not itself a maximum height: the same item states fences 'must still meet applicable requirements of the 1990 Revised Zoning Ordinance for Minnehaha County, the 2001 Revised Joint Zoning Ordinance for Minnehaha County and the City of Dell Rapids, and the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls,' meaning the district-specific height caps live in those separate zoning instruments rather than in the building code.
3, which must identify the work, describe the property, and state its intended use. 1, administers both this permit exemption and the underlying zoning setback rules for fences. Ordinance MC 61-22 was adopted April 19, 2022 and took effect May 31, 2022.
Violations & Fines
Section [A] 114.4 makes violating the 2021 IBC, including building a taller fence without the required permit, punishable by a fine up to the amount set in SDCL 22-6-2(2), by up to thirty days' imprisonment, or both; the county may also pursue civil injunctive relief under SDCL Chapter 21-8, and each day a violation continues counts as a separate offense. The building official may issue a stop-work order under Section 115.2 as well.
Frequently Asked Questions
Can I build a 6-foot fence without a permit in Minnehaha County?
What is the maximum fence height allowed in the county?
Do I need a permit for a fence taller than 6 feet?
Sources & Official References
Other rules in Minnehaha County
How Minnehaha County compares: Cities That Allow the Tallest Residential Fences·Compare Minnehaha County to another location·View the South Dakota fence regulations overview
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