Lincoln County, SD Swimming Pools & Spas: Pool Permits (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.
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?
How long does a Lincoln County pool permit last?
Does my new pool also need a fence?
Sources & Official References
Other rules in Lincoln County
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