Minnehaha County, SD Fence Regulations: Neighbor Fence Rules (2026)

South Dakota is a fence-out (open range) jurisdiction by tradition, and SDCL Chapter 40-28 (Partition Fences) is the statewide framework that governs cost-sharing for fences along a common boundary. Under that chapter, when adjoining owners agree to build a partition fence each is responsible for one-half of its construction and maintenance; either owner may petition the township fence viewers to allocate costs if the parties cannot agree. The Minnehaha County Zoning Ordinance does NOT contain a separate boundary-fence cost-sharing rule or a 'spite fence' ordinance. Civil disputes about fences that annoy a neighbor (height, location, line of sight, malicious 'spite' fence) proceed under the general civil-nuisance statute SDCL 21-10-1, which defines a nuisance as anything that 'annoys, injures, or endangers the comfort, repose, health, or safety of others' or 'in any way renders other persons insecure in life, or in the use of property.' SDCL 21-10-3 distinguishes public from private nuisances; spite-fence claims are private nuisances brought in circuit court for injunctive relief and damages. Disputes over the exact boundary line require a surveyor and may be quieted under SDCL Chapter 21-41 (quiet title). The county Sheriff's Office does not mediate fence disputes; the Planning & Zoning Department only enforces the height and sight-triangle rules of Section 12.01.