Lincoln County, SD Home Business: Home Daycare (2026)
Key Facts
- Max children (family day care)
- Six children under 14, § 155.276
- Fence requirement
- 4-foot fence between play area and arterial/collector street
- Allowed districts
- RA-1 special use; A-1, RR, RS, RD, RA accessory use
- Larger day cares
- Group/center care needs conditional use permit, § 155.073(D)
- Penalty
- Misdemeanor, up to $200/day, § 155.264
Summary
In unincorporated Lincoln County, South Dakota, within the Lincoln County/Sioux Falls Joint Zoning Jurisdiction, a family day care caring for up to six children is a permitted special use in the RA-1 Residential District and an allowed accessory use in the A-1, RR, RS, RD and RA districts, provided a four-foot fence separates the play area from any arterial or collector street.
(D) Family day care, subject to: (1) A four-foot high fence shall be constructed between the play area and the street when the play area is adjacent to any arterial or collector street. A safe pickup and drop off area must be provided for the children. ... Violations shall be treated in the manner specified below: (A) The owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist ... shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $200. Each and every day that such violation continues may constitute a separate offense. ... DAY CARE, FAMILY. Care is done in a family home and the number of children cared for is limited to a maximum of six children under the age of 14 years. Included in the count are the providers' own children six years and under. See HOME OCCUPATION.
Full Breakdown
Under Lincoln County Code § 155.072(D), part of the Lincoln County/City of Sioux Falls Joint Zoning Regulations (Chapter 155) that govern unincorporated land in the joint jurisdiction outside Sioux Falls' corporate limits, family day care in the RA-1 Residential District is a permitted special use subject to a fence requirement: a four-foot high fence between the play area and the street whenever that play area sits adjacent to an arterial or collector street, plus a safe pickup and drop-off area for the children. Section 155.146(E) separately lists family day care as an allowed accessory use in the A-1, RR, RS, RD and RA districts, so the same license to run a small in-home operation extends across the county's agricultural and residential zones, not just RA-1.
The Board of Commissioners defines the term at § 155.276: DAY CARE, FAMILY covers care given in a family home for up to six children under 14, counting the provider's own children age six and under toward that cap, and cross-references it as a HOME OCCUPATION. Anything larger moves into a different category: DAY CARE, GROUP (seven to 12 children) and DAY CARE, CENTER operations are conditional uses under § 155.073(D), requiring a conditional use permit under §§ 155.200 through 155.212 and a public hearing before opening.
Operators should confirm whether their parcel sits inside the joint zoning boundary (§ 155.010) versus a municipality's own limits, since Sioux Falls, Harrisburg, Tea, Canton and Lennox each enforce separate city codes for day cares within their corporate boundaries.
Violations & Fines
Operating a family day care in violation of these joint zoning standards, including running one without the required play-area fence or beyond the six-child cap without a conditional use permit, is a misdemeanor under § 155.264, punishable by a fine of up to $200, with each day of continued violation a separate offense. The county may also seek an injunction or other court action against the property owner or operator to stop the unpermitted use.
Frequently Asked Questions
Can I run a daycare from my home in unincorporated Lincoln County, South Dakota?
How many children can a home day care watch under county zoning?
What happens if I don't build the required fence?
Sources & Official References
Other rules in Lincoln County
Compare Lincoln County to another location·View the South Dakota home business overview
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