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Minnehaha County, SD Fire Regulations: Outdoor Burning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Outdoor burning rules in Minnehaha County, SD, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Governing ordinance
MC34-04
Trigger
Board resolution declaring Fire Danger Emergency
Geographic scope
Unincorporated Minnehaha County
Ends when
Board rescinds by resolution
Penalty class
Class 2 misdemeanor
Max penalty
30 days jail and/or $200 fine

Summary

When the County Commission declares a "Fire Danger Emergency" under Ordinance MC34-04, all open burning becomes illegal across the unincorporated county until the Board rescinds the declaration by resolution. Violators face a Class 2 misdemeanor, up to 30 days in jail, and a $200 fine.

City-specific rules exist: Sioux Falls has its own outdoor burning rules that differ from Minnehaha County's county-level regulations. If you live in Sioux Falls, check the city-specific page instead.

If a "Fire Danger Emergency" is declared, all open burning of any substance shall be prohibited within any or all of the unincorporated area of Minnehaha County until such time as the declaration of "Fire Danger Emergency" has been rescinded by resolution of the Board.

Full Breakdown

Ordinance MC34-04, "An Ordinance for the Declaration of a Fire Danger Emergency," gives the County Commission standing authority to shut down open burning whenever weather or other conditions make it unduly hazardous. Section 1 lets the Board, by resolution, declare a "Fire Danger Emergency" whenever conditions make open burning of any substance unduly hazardous and a danger to public safety. Section 2 then triggers the ban itself: once a Fire Danger Emergency is declared, "all open burning of any substance shall be prohibited within any or all of the unincorporated area of Minnehaha County" and stays prohibited until the Board rescinds the declaration by a separate resolution.

The ban is countywide by default but the Board can tailor it to "any or all" of the unincorporated area, meaning a declaration can be geographically limited. Section 3 defines "open burning" broadly as the intentional burning of any substance, natural or manmade, or the intentional casting off of any burning substance, which sweeps in brush piles, debris burning, and similar activity once a declaration is in force. The ordinance applies only outside incorporated cities; Sioux Falls, Brandon, and Dell Rapids enforce their own fire codes within city limits.

Because the ban is switched on and off by Commission resolution rather than printed calendar dates, residents must check the current status of any declaration with the county before burning, since the underlying ordinance itself does not lapse.

Violations & Fines

Violating the open burning ban is a Class 2 misdemeanor under Section 4, carrying a maximum penalty of thirty days in jail, a $200 fine, or both. Each day the violation continues counts as a separate offense, so a fire left burning across a declared emergency can generate multiple counts.

Frequently Asked Questions

When is open burning banned in Minnehaha County?
Only once the County Commission declares a "Fire Danger Emergency" by resolution under Section 1 of Ordinance MC34-04. Section 2 then prohibits all open burning in the unincorporated county until the Board passes another resolution rescinding the declaration.
What counts as prohibited open burning under the county ban?
Section 3 defines open burning as the intentional burning of any substance, natural or manmade, or intentionally casting off a burning substance, which covers brush and debris fires once an emergency is declared.
What's the penalty for burning during a declared Fire Danger Emergency?
Section 4 makes it a Class 2 misdemeanor punishable by up to thirty days in jail, a $200 fine, or both, with each day the violation continues treated as a separate offense.
Does the Minnehaha County burn ban apply inside Sioux Falls?
No. Ordinance MC34-04 prohibits open burning only within the unincorporated area of the county; Sioux Falls, Brandon, and Dell Rapids apply their own municipal fire regulations within city limits.

Sources & Official References

Other rules in Minnehaha County

All Minnehaha County rules

How Minnehaha County compares: Cities with the Strictest Outdoor Burning Rules·Compare Minnehaha County to another location·View the South Dakota fire regulations overview

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