Minnehaha County, SD Fire Regulations: Fire Pit Rules (2026)

Minnehaha County Ordinance MC34-04 (Declaration of Fire Danger Emergency) defines open burning as 'the intentional burning of any substance, whether natural or manmade, or the intentional casting off of any burning substance, except the burning of such substance in a container sufficient so as to prohibit the escape of any of the burning substance, or any sparks, flames or hot ashes from the container.' Recreational fire pits with a screen or contained vessel therefore fall outside the open-burn prohibition. The Minnehaha County 1990 Revised Zoning Ordinance regulates structures and accessory uses in agricultural (A-1), rural residential (RR), and other unincorporated districts but does not impose specific fire-pit setbacks. South Dakota has not adopted the International Fire Code for residential use statewide (the State Fire Marshal enforces IFC in commercial occupancies), so the IFC's 25-foot setback from structures for recreational fires is not a county rule in unincorporated Minnehaha County. SDCL 21-10-1 (nuisance) remains available if smoke unreasonably interferes with a neighbor's use of property.