Lincoln County, SD Fire Regulations: Propane Storage (2026)
Key Facts
- Propane tank exemption
- Exempt from all tank standards, § 155.133(A)(10)
- Overlay scope
- Superimposed on every district near wellhead areas, § 155.130(C)
- Small ag tanks
- 55 gallons or less exempt, § 155.133(A)(9)(a)
- Secondary containment (non-propane)
- Must hold 110% of largest tank's volume
- Penalty
- Misdemeanor, up to $200/day, § 155.264
Summary
Within the Water Source Protection Overlay District that Lincoln County, South Dakota superimposes over wellhead areas in the Sioux Falls Joint Zoning Jurisdiction, tanks storing a regulated substance must meet strict double-wall construction, leak-detection and secondary-containment standards, but propane tanks are expressly exempt from every one of those requirements under § 155.133(A)(10).
This district is intended to preserve the quality and quantity of the area's water resources so as to ensure a safe and adequate supply of drinking water for present and future generations. Restrictions shall apply to land use activities which have the potential to contaminate water resources, including aquifers and wellhead sites currently in use and those having the potential for future use as a public water supply. ... The following standards shall apply to uses in the Water Source Protection Overlay District: (A) Tanks used for the storage of a regulated substance shall be governed as follows: ... (8) Secondary containment shall be provided around and under all aboveground stationary tanks ... Secondary containment must be capable of containing 110% of the volume of the largest tank. ... (10) Propane tanks shall be exempt from these standards.
Full Breakdown
Lincoln County Code Chapter 155 superimposes a Water Source Protection Overlay District on every underlying zoning district (§ 155.130(C)) to protect aquifers and wellhead sites used, or potentially used, for public drinking water. Under § 155.132, any use that stores or uses a regulated substance in the overlay needs a conditional use permit, and § 155.133 sets out the engineering standards for storage tanks: metallic underground tanks must be double-walled and cathodically protected, all underground tanks need a continuous leak-detection system with audible and visible alarms, and overfill protection devices must shut off flow before a tank reaches 95% full.
Aboveground stationary tanks need secondary containment, built from clay, bentonite or 60-mil polyethylene, capable of holding 110% of the largest tank's volume. Small agricultural petroleum tanks catch a partial break: a tank of 55 gallons or less is exempt outright, and one over 55 gallons, or a series exceeding 100 gallons, needs secondary containment but not the full tank-by-tank permitting. Propane gets the broadest carve-out of all: § 155.133(A)(10) states flatly that propane tanks shall be exempt from these standards, meaning none of the double-wall, leak-detection, overfill or secondary-containment rules in this overlay apply to an LP-gas tank, residential or agricultural.
That exemption only reaches the Water Source Protection Overlay District as mapped under § 155.131 and filed with the County Auditor and Sioux Falls City Clerk; it does not touch the county's adopted building and fire codes governing propane appliance installation elsewhere in the code. Residents should still confirm placement against the adopted mechanical code before installing a tank near a structure.
Violations & Fines
The overlay's conditional-use and tank-standard requirements are zoning provisions enforced under § 155.264: a property owner, tenant, contractor or other person who commits or maintains a violation is guilty of a misdemeanor, fined up to $200, with each day of a continuing violation a separate offense, and the county may also pursue an injunction or other court action to stop or correct a noncompliant use.
Frequently Asked Questions
Does Lincoln County, South Dakota limit how much propane I can store at home?
What is the Water Source Protection Overlay District?
What happens if I install a noncompliant tank in the overlay?
Sources & Official References
Other rules in Lincoln County
Compare Lincoln County to another location·View the South Dakota fire regulations overview
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