Under Section 12.01 of the 1990 Revised Zoning Ordinance for Minnehaha County, fences up to 4 feet may be placed anywhere on the lot, and fences up to 6 feet are allowed only at or behind the front building line of the main structure. Fences within 30 feet of a street intersection may not exceed 30 percent solid construction (sight-triangle rule). These rules govern unincorporated areas only; cities (Sioux Falls, Brandon, Hartford, Dell Rapids, etc.) maintain their own fence codes.
Section 12.01(A) of the County Zoning Ordinance allows fences up to four feet in height on any part of the lot, with the caveat that a fence within 30 feet of a street intersection (measured along the property line) may not be more than 30 percent solid - this preserves the intersection safety zone triangle referenced elsewhere in the ordinance. Section 12.01(B) permits fences up to six feet on those parts of a lot that are as far back or farther back from the street than the main building. A narrow exception permits a 6-foot fence in the side-street-side front yard when (1) the side-street-side front yard abuts an arterial street on the major street plan, (2) it is not adjacent to a side yard, and (3) the fence is no closer to the front yard than the rear wall of the main building. Retaining walls, concrete slabs, utility poles, and fences are explicitly excluded from the definition of 'structure' in the ordinance (Section 26 Definitions, amended by MC16-73-05), so they do not count toward lot coverage or building setback requirements. Fences in twin-home and town-home Planned Development districts are prohibited under the additional regulations for those zones. State law SDCL 9-29-1 and SDCL Chapter 11-2 supply the underlying police-power and county zoning authority.
Zoning violations are administered by the Minnehaha County Planning & Zoning Department (415 N. Dakota Ave., Sioux Falls). Section 22.00 of the Zoning Ordinance governs administration and enforcement; remedies include stop-work orders, denial or revocation of building permits, and misdemeanor prosecution by the State's Attorney under SDCL 11-2-35. Sight-triangle violations may also be cited as a public nuisance under SDCL 21-10-1 and the county's 2004 Revised Public Nuisance ordinance.
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Minnehaha County, SD
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