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Lincoln County, SD Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit required
No, fences are exempt under R105.2
Governing code
2018 International Residential Code, § 151.33
Exempt work item
Item 2 of 11 in R105.2 exemption list
Enforcing office
Lincoln County building official / Planning and Zoning
Max penalty
$200 fine and/or 30 days jail, § 151.99

Summary

In unincorporated Lincoln County, South Dakota, fences are exempt from a building permit under the county's adopted 2018 International Residential Code amendments, Lincoln County Code § 151.33 (R105.2). No application to the building official is required before installing a residential fence. The exemption does not authorize work that violates zoning, setback, or other county ordinances, and larger accessory structures still need a separate permit.

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.

R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: ... 2. Fences

Full Breakdown

Lincoln County adopted the 2018 International Residential Code as its residential building code under § 151.30, effective June 1, 2021, and § 151.33 lists the county's amendments to that code. R105.1 requires anyone who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure to first apply to the building official and obtain a permit. R105.2 then lists eleven categories of work exempt from that permit requirement, and 'Fences' is the second item on the Building list, right after the exemption for one-story detached accessory structures of 200 square feet or less (which still needs a zoning placement permit) and just before the exemption for retaining walls under 4 feet.

Because R105.2 opens by stating that exemption from permit requirements 'shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction,' a fence still has to meet whatever height, setback or corner-visibility rule the Planning and Zoning Department applies under the zoning chapter; the exemption only removes the building-permit paperwork and fee schedule tied to habitable construction. Fence installers do not submit construction documents, site plans or pay a building permit fee to the building official for the fence itself, and there is no plan review or inspection under Chapter 151 for a standalone fence.

Violations & Fines

Chapter 151's general penalty, § 151.99, makes any violation of the building code subject to § 10.99 of the county code where no specific penalty is listed, and sets a maximum penalty of 30 days in jail and/or a $200 fine for failing to comply with the adopted building code. A fence built in a manner that violates another ordinance, despite being exempt from a building permit, remains enforceable under R105.2's own language and can still draw a stop-work order or penalty.

Frequently Asked Questions

Do I need a permit to build a fence in unincorporated Lincoln County, SD?
No. Lincoln County Code § 151.33, adopting IRC R105.2, lists fences as exempt from the building permit requirement that R105.1 otherwise imposes on construction work. You do not need to apply to the county building official or pay a building permit fee before installing a fence. You still must comply with any separate zoning setback, height, or placement rule the Planning and Zoning Department enforces for your district.
Can Lincoln County still cite me for a fence that violates another rule?
Yes. R105.2 states that exemption from the permit requirement does not authorize work done in violation of the code or any other county ordinance. A fence that breaches a zoning setback or another local law can still be enforced under § 151.99, which sets a maximum penalty of 30 days in jail and/or a $200 fine for building code violations.
What building work near a fence still needs a permit?
R105.2 only exempts specific items such as fences, retaining walls under 4 feet, and small water tanks. A one-story detached accessory structure over 200 square feet, or one under 200 square feet needing a zoning placement permit, still requires county approval, and any electrical, gas, or plumbing work connected to a fence project keeps its own permit requirement.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

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