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Lincoln County, SD Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Lincoln County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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?
Yes. Lincoln County Code § 155.072(D) and § 155.146(E) allow family day care as a permitted special or accessory use in the RA-1, A-1, RR, RS, RD and RA districts within the Lincoln County/Sioux Falls Joint Zoning Jurisdiction, as long as you cap enrollment at six children under 14 (§ 155.276) and, where the play area meets an arterial or collector street, build the required four-foot fence.
How many children can a home day care watch under county zoning?
Section 155.276 defines DAY CARE, FAMILY as care in a family home for a maximum of six children under age 14, and that count includes the provider's own children age six and under. Once a home operation exceeds six children, it becomes DAY CARE, GROUP or DAY CARE, CENTER and needs a conditional use permit under § 155.073(D) instead of proceeding as a by-right accessory or special use.
What happens if I don't build the required fence?
Running the day care without the four-foot fence between the play area and an adjacent arterial or collector street, as § 155.072(D) requires, is a zoning violation. Under § 155.264 the owner or operator is guilty of a misdemeanor punishable by a fine of up to $200, and each day the violation continues counts as a separate offense the county can prosecute.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

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