Lincoln County, SD Landscaping Rules: Weed Ordinances (2026)

Lincoln County folds its weed and grass-height rule into the general nuisance ordinance rather than a stand-alone weed-control chapter. Section 90.02(T), part of the illustrative enumeration of nuisances, has two branches. The first reaches any weed or plant the state or county weed boards have declared a primary or secondary noxious weed, with no height threshold: designation alone makes its presence a nuisance. The second targets ordinary lawn grass in a residential subdivision, capping it at 12 inches; grass kept as deliberate natural landscaping is carved out of that limit.

As with every other clause in § 90.02, the Planning Director enforces the standard under § 90.03 and may call on the Sheriff's Department for help, and § 90.04 lets the Planning Director inspect a property, presenting credentials if it is occupied or making a reasonable effort to reach the owner if it is not. No citation issues on first discovery: § 90.05 requires written notice to abate, mailed to the responsible person, before enforcement proceeds. Failing to cut the grass or clear the noxious weeds within the time the notice allows becomes its own violation under § 90.06 and is referred to the State's Attorney.

The penalty, set by § 90.99, is a Class 2 misdemeanor, up to 30 days in jail, a $200 fine, or both, with every day the overgrowth continues counted as a separate offense, and the county may instead pursue civil abatement under SDCL §§ 21-10-5 through 21-10-9.