Minnehaha County, SD Fire Regulations: Brush Clearance (2026)

SDCL 38-22-2 makes it a Class 2 misdemeanor for a landowner to allow declared noxious weeds (Canada thistle, leafy spurge, perennial sow thistle, hoary cress, Russian knapweed, purple loosestrife, salt cedar, and others on the SD state list) to grow uncontrolled. The Minnehaha County Weed & Pest Board (appointed by the County Commission, housed under the Highway Department) investigates complaints, issues written notice, and if the landowner fails to comply, may enter and treat the land and certify the cost to the County Auditor, who bills the landowner the cost plus an administrative fee of $50 or 10% of cost (whichever is greater) under SDCL 38-22-15. Abutting landowners are responsible for weed control along township roads. The Minnehaha County Public Nuisance ordinance (Declaration and Abatement of Public Nuisance, 2004 Revised) incorporates SDCL 21-10-1 (anything that annoys, injures, or endangers comfort, repose, health, or safety) and is used for overgrown lots, accumulated brush, and similar fire-hazard conditions. The Minnehaha County Zoning Ordinance (1990 Revised) does not impose specific defensible-space distances.