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Lincoln County, SD Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit-exempt height
4 feet or less (1,219 mm), no surcharge
Height measured from
Bottom of grade elevation to top of wall
Loses exemption if
Wall supports a surcharge load
Governing code
2018 IRC R105.2, § 151.33
Max penalty
$200 fine and/or 30 days jail, § 151.99

Summary

In unincorporated Lincoln County, South Dakota, a retaining wall does not need a building permit if it stands 4 feet or less, measured from the bottom of the grade to the top of the wall, and does not support a surcharge, under Lincoln County Code § 151.33 (R105.2). Taller walls, or any wall carrying a surcharge load, fall under the general permit requirement in R105.1 and must go through the building official before construction begins.

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. ... Permits shall not be required for the following: Building: ... ... 3. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the grade elevation to the top of the wall, unless supporting a surcharge.

Full Breakdown

Lincoln County's adopted 2018 International Residential Code amendments at § 151.33 place retaining walls third on the R105.2 list of work exempt from a building permit, right after the exemption for fences. The exemption text measures height 'from the bottom of the grade elevation to the top of the wall,' so the county looks at the exposed retained side, not just the finished-grade side, when deciding whether a wall clears the 4-foot (1,219 mm) threshold. A wall that supports a surcharge, meaning it carries an additional load such as a driveway, parking area, structure, or sloped fill above the retained soil, loses the exemption regardless of its height and needs a permit application to the building official under R105.1, along with construction documents and a site plan under R106.1 and R106.2 showing the wall's location and distance from lot lines.

Because R105.2's opening sentence makes clear that any exemption '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,' an exempt retaining wall must still meet any separately enforced zoning setback the Planning and Zoning Department applies, and the building official retains authority to require a permit for retaining walls it determines pose an engineering concern.

Violations & Fines

Building a retaining wall over 4 feet, or one supporting a surcharge, without first obtaining a permit exposes the property owner to enforcement under § 151.99, Chapter 151's general penalty section, which sets a maximum of 30 days in jail and/or a $200 fine for failing to comply with the adopted building code, plus a strict-liability stop-work order from the building official.

Frequently Asked Questions

How tall can a retaining wall be in Lincoln County, SD without a permit?
Up to 4 feet (1,219 mm), measured from the bottom of the grade elevation to the top of the wall, under Lincoln County Code § 151.33's adoption of IRC R105.2. That measurement runs from the retained side's exposed grade, not the finished side, so a wall that looks short from the yard can still exceed the threshold on the retained side.
Does a retaining wall ever need a permit even under 4 feet?
Yes. R105.2 strips the exemption from any retaining wall that supports a surcharge, meaning it carries an added load like a driveway, parking pad, structure, or built-up fill behind it. A surcharge wall needs a building permit application to the county building official under R105.1 no matter its height.
What happens if I build an unpermitted retaining wall that needed one?
The county can issue a stop-work order and pursue a violation under § 151.99, which carries a maximum penalty of 30 days in jail and/or a $200 fine for noncompliance with the adopted building code, and the building official can require the wall be brought into compliance or removed.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

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