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Lincoln County, SD Swimming Pools & Spas: Pool Permits (2026)

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

Swimming pool permit rules in Lincoln County, SD, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Permit trigger
pools 18 inches deep or more
Exempt pools
prefabricated, under 18 inches deep
Permit issuer
County building official
Permit validity
365 days, extendable 180 days
Barrier height
42 inches minimum, self-latching gate
Max penalty
30 days jail / $200 fine

Summary

In unincorporated Lincoln County, South Dakota, any structure regulated by the county's adopted building code, including a residential swimming pool, needs a building permit from the building official under R105.1 at § 151.33. The only pool exemption listed at R105.2 item 7 is a prefabricated pool less than 18 inches deep, meaning any pool 18 inches deep or more requires a permit before construction.

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.

R105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. ... R105.2 Work exempt from permit. ... Permits shall not be required for the following: Building: ... ... 7. Prefabricated swimming pools that are less than 18 inches (457 mm) deep.

Full Breakdown

Lincoln County adopted the International Residential Code, 2018 Edition, as its residential building code under § 151.30, with local amendments at § 151.33. R105.1, titled Required, obligates any owner or authorized agent who intends to construct, enlarge, alter, or repair a building or structure, including installing regulated electrical, gas, mechanical, or plumbing systems tied to it, to first apply to the building official and obtain a permit; the building official may exempt only minor work. R105.2 lists eleven specific exemptions, covering items like small accessory structures, fences, low retaining walls, sidewalks, and re-roofing, and item 7 exempts only prefabricated swimming pools less than 18 inches deep.

Because the exemption is worded that narrowly, any in-ground, above-ground, or prefabricated residential pool at or beyond that 18-inch depth threshold falls back under the general R105.1 permit requirement. Once a pool is built, it also triggers the county's adopted pool-barrier rules: R326.1 and the parallel IBC Section 3109 require outdoor pools 18 inches deep or more to be enclosed by a barrier at least 42 inches tall with self-closing, self-latching gates, enforced by the same building official who issues the permit. Permits issued under R105.1 expire 365 days after issuance under R105.S, though the building official can grant extensions of up to 180 days in writing for justifiable cause.

Violations & Fines

Building a pool 18 inches deep or more without the R105.1 permit is enforced the same as any unpermitted building work: § 151.99(B) sets a maximum penalty of 30 days in jail and/or a $200 fine for failing to comply with the adopted building code, and the county can also require compliance with the separate pool-barrier fencing standard before use.

Frequently Asked Questions

Do I need a permit for an above-ground pool in Lincoln County?
Yes, if it is 18 inches deep or more. R105.2 item 7 exempts only prefabricated pools under 18 inches deep; anything deeper needs a building permit under R105.1 before installation.
How long does a Lincoln County pool permit last?
A permit issued under R105.1 becomes invalid 365 days after issuance under R105.S, though the building official may grant one or more written extensions of up to 180 days for justifiable cause.
Does my new pool also need a fence?
Yes. The county's adopted pool-barrier standard requires outdoor pools 18 inches deep or more to be enclosed by a barrier at least 42 inches tall with a self-closing, self-latching gate before use.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

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