Lincoln County, SD Public Health Rules: Rodent Control (2026)
Key Facts
- Declared nuisance
- manure, garbage, debris harboring pests (§ 90.02(B))
- Enforcing official
- Planning Director, Sheriff's Department assists (§ 90.03)
- Required step
- written notice to abate (§ 90.05)
- Penalty
- Class 2 misdemeanor, up to $200/30 days (§ 90.99)
- Alternative remedy
- civil abatement under state law (§ 90.99)
Summary
Unincorporated Lincoln County, South Dakota treats an accumulation of manure, garbage, tires, debris, or discarded items that harbors or breeds flies, vermin, and rodents as a declared nuisance under Code § 90.02(B). The Planning Director enforces the rule, and an owner who does not correct the condition after written notice faces the Class 2 misdemeanor penalty in § 90.99.
(B) Breeding place for flies, rodents, and pests. The accumulation of manure, garbage, tires, debris, or discarded items which is a potential harboring place and breeding area for flies, vermin, and rodents;
Full Breakdown
Section 90.02 of the Lincoln County Code lists the specific conditions its nuisance ordinance targets, and subsection (B) is aimed squarely at vector control: breeding place for flies, rodents, and pests covers the accumulation of manure, garbage, tires, debris, or discarded items that becomes a potential harboring place and breeding area for flies, vermin, and rodents. That sits alongside the chapter's other property-maintenance nuisances, including abandoned property under (A) and improper accumulation of waste material under (M), and it is enforced the same way every other Chapter 90 nuisance is: the Planning Director, who may call on other county employees including the Sheriff's Department under § 90.03, can inspect the property under the right-of-entry rule in § 90.04 and then must serve written notice to abate under § 90.05, which may be sent by mail.
A property owner who fails to clean up a rodent-harboring accumulation within the time the notice allows is separately in violation under § 90.06, which triggers a referral to the state's attorney. The penalty for maintaining, committing, or failing to abate the nuisance is set out in § 90.99: a Class 2 misdemeanor punishable by up to 30 days in jail, a $200 fine, or both, with each day the condition continues potentially charged as a separate offense, and the county retains the option of civil abatement action under SDCL §§ 21-10-5 through 21-10-9 as an alternative or additional remedy.
Violations & Fines
Maintaining an accumulation that harbors or breeds flies, vermin, or rodents, or failing to clean it up after a § 90.05 notice to abate, is a Class 2 misdemeanor under § 90.99: up to 30 days in jail, a $200 fine, or both, with each additional day potentially a separate offense. Noncompliance is also referred to the state's attorney under § 90.06.
Frequently Asked Questions
Can a pile of manure or garbage on my property be cited in Lincoln County?
What has to happen before I can be penalized?
What's the penalty for a rodent-harboring nuisance?
Sources & Official References
Other rules in Lincoln County
Compare Lincoln County to another location·View the South Dakota public health rules overview
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