Minnehaha County, SD Landscaping Rules: Rainwater Harvesting (2026)

Neither the Minnehaha County Code nor the County Zoning Ordinance regulates residential rainwater capture. South Dakota's prior-appropriation framework under SDCL Title 46 contains an express domestic-use exemption at SDCL 46-1-6 covering household water, lawn and garden watering, and stock water not used for commercial sale. Rooftop rain barrels and above-ground cisterns sized for residential outdoor use fit squarely within this exemption and do not require a South Dakota Department of Agriculture and Natural Resources (DANR) water-right permit. The SD DANR does not operate a statewide rain-barrel registration program, and Minnehaha County does not require any local rain-barrel permit. Two narrow constraints apply. First, large-scale rainwater capture that intercepts a defined natural watercourse, or capture intended to serve as the primary potable supply for commercial use, can trigger DANR review under SDCL Title 46. Second, any connection of harvested rainwater into the interior plumbing system (for toilet flushing, laundry, or other non-potable interior use) must comply with the plumbing code locally adopted by the municipality or county building official, including approved cross-connection control and backflow prevention to protect the public water supply. Outside Sioux Falls, building-code enforcement in the unincorporated county is handled by Planning & Zoning under SDCL Chapter 11-2 and the county-adopted building code; inside Sioux Falls, the city Building Services Department permits and inspects.