Minnehaha County, SD Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit-exempt wall height
- 4 feet (1219 mm) or less
- Height measured from
- Bottom of grade to top of wall
- Exemption lost if
- Wall supports surcharge or Class I-IIIA liquids
- Governing section
- 2021 IBC Ordinance § 105.2, item 4
- Ordinance
- MC 61-22, effective May 31, 2022
Summary
Minnehaha County exempts retaining walls up to 4 feet tall, measured from the bottom of the grade to the top of the wall, from the building permit required under the 2021 IBC. Section 105.2, item 4 strips that exemption for any wall supporting a surcharge or impounding Class I, II, or IIIA liquids, no matter its height.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the grade elevation to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
Full Breakdown
1. A wall taller than 4 feet, or any wall regardless of height that supports a surcharge load or impounds a Class I, II, or IIIA flammable or combustible liquid, falls outside the exemption and needs a building permit. 3 requires the written application to identify the work, describe the property by legal description or address, and state the intended use. 2's preamble also warns 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 of this jurisdiction,' so an exempt wall must still comply with the county's separate zoning setback rules. 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 retaining wall 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.
Frequently Asked Questions
Do I need a permit for a retaining wall in Minnehaha County?
How is the 4-foot exemption height measured?
What happens if I build an oversized retaining wall without a permit?
Sources & Official References
Other rules in Minnehaha County
Compare Minnehaha County to another location·View the South Dakota fence regulations overview
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