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.
Minnehaha County Ordinance MC34-04 (Declaration of Fire Danger Emergency) authorizes the County Commission, by resolution, to prohibit all open burning in unincorporated areas when weather or other conditions make open burning hazardous. Open burning means intentional burning of any substance, but excludes contained fires (fireplaces, stoves, furnaces, and burning in a container sufficient to prevent escape of sparks/flames/ashes). The Commission issued burn bans in 2021, 2023, 2024, and March 2025. Violation is a Class 2 misdemeanor. Cities within the county are exempt from the county ban and set their own rules. SD DANR open-burning air-quality guidelines also apply statewide.
Minnehaha County Ordinance MC34-04 provides: 'When weather or other conditions shall exist which may make the open burning of any substance unduly hazardous and a danger to public safety, the Board may by resolution declare a Fire Danger Emergency. 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prohibited within any or all of the unincorporated area of Minnehaha County until such time as the declaration has been rescinded by resolution of the Board.' Open burning is defined 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.' Interior fireplaces, stoves, and furnaces are excluded. A violation is a Class 2 misdemeanor. The ordinance covers only unincorporated areas - Sioux Falls, Brandon, Hartford, Dell Rapids, and other cities set their own open-burning rules. South Dakota Department of Agriculture and Natural Resources (DANR) Air Quality Guidelines for Open Burning apply statewide and prohibit burning of garbage, tires, plastics, treated wood, and asbestos-containing materials. The Sheriff's Office and rural fire departments enforce the county ordinance.
MC34-04 violation: Class 2 misdemeanor (up to 30 days jail and/or $500 fine per SDCL 22-6-2). DANR air-quality violations: civil penalties under SDCL Chapter 34A-1. Negligent escape of fire causing damage: separate civil liability and potential criminal arson exposure under SDCL Chapter 22-33.
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