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Lincoln County, SD Parking Rules: Snow Removal Parking Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
County Code § 90.02(S)
Prohibited act
depositing plowed snow onto a county road or right-of-way
Enforcing agency
Planning Director, assisted by the Sheriff's Department
Penalty
Class 2 misdemeanor, up to 30 days jail, $200 fine
Continuing violation
each day counts as a separate offense
Prerequisite
written notice to abate required before charges

Summary

In unincorporated Lincoln County, South Dakota, County Code § 90.02(S) declares it a nuisance to deposit or permit the deposit of snow from private property onto a county road, county highway, or county right-of-way. The Planning Director enforces the ban and must serve written notice to abate before a Class 2 misdemeanor penalty, up to 30 days in jail and a $200 fine, applies.

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.

(S) Snow removal. Depositing or permitting the deposit of snow from private property upon a county road, county highway, or county right-of-way; and ... Any person that maintains, commits, or fails to abate a public nuisance, as described under the provisions of this chapter, shall be guilty of a Class 2 misdemeanor and may be subject to a maximum penalty of 30 days in jail, a $200 fine, or both.

Full Breakdown

Lincoln County's snow-removal rule sits inside the county's general nuisance ordinance rather than a standalone winter-maintenance chapter. Section 90.01 prohibits creating or maintaining any nuisance in the unincorporated area, and § 90.02's illustrative enumeration lists snow removal at division (S): depositing or permitting the deposit of snow from private property upon a county road, county highway, or county right-of-way is declared a nuisance. That means a landowner or contractor who plows, blows, or shovels snow from a driveway or field back onto the traveled roadway or its right-of-way is in violation, separate from any state statute on obstructing a highway.

The Planning Director enforces Chapter 90 under § 90.03 and may deputize the Sheriff's Department to assist, and § 90.04 authorizes inspection of suspected violations with credentials shown to an occupied property or a reasonable attempt made to reach the owner of a vacant one. Before prosecution, § 90.05 requires written notice to abate, and § 90.06 separately criminalizes ignoring that notice within its stated deadline, triggering referral to the State's Attorney. The penalty under § 90.99 is a Class 2 misdemeanor, punishable by up to 30 days in jail, a $200 fine, or both, and each day the snow blocks or narrows the right-of-way can be charged as its own offense. The county may also bring a civil abatement action under SDCL §§ 21-10-5 through 21-10-9 instead of, or alongside, criminal charges.

Violations & Fines

Pushing or blowing snow from private property onto a county road, highway, or right-of-way is a nuisance under § 90.02(S), carrying the same Class 2 misdemeanor penalty as the rest of Chapter 90: up to 30 days in jail, a $200 fine, or both (§ 90.99). The Planning Director must first serve written notice to abate; ignoring it is a separate violation under § 90.06 and gets referred to the State's Attorney.

Frequently Asked Questions

Is it illegal to plow snow from my driveway onto the county road in Lincoln County?
Yes. County Code § 90.02(S) declares it a nuisance to deposit or permit the deposit of snow from private property onto a county road, county highway, or county right-of-way, regardless of intent, and the Planning Director can pursue it the same as any other nuisance under Chapter 90.
Who enforces the snow-dumping rule and what happens first?
The Planning Director enforces Chapter 90 under § 90.03 and can inspect the property under § 90.04. Before any penalty, § 90.05 requires written notice to abate the nuisance; only if that notice is ignored does § 90.06 make the failure itself unlawful and trigger referral to the State's Attorney.
What is the penalty for repeatedly blocking the right-of-way with snow?
Section 90.99 makes any nuisance violation, including snow deposited on a county road or right-of-way, a Class 2 misdemeanor punishable by up to 30 days in jail, a $200 fine, or both. Because each day the snow remains can be charged separately, repeated or prolonged blocking multiplies the exposure.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

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