Minnehaha County, SD Swimming Pools & Spas: Pool Permits (2026)
Swimming pool permit rules in Minnehaha County, SD, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.
Key Facts
- Permit-exempt pool
- Prefab, <18in deep, ≤5,000 gal, above ground
- "Swimming pool" definition threshold
- Water over 18 inches deep
- In-ground pools
- Always require a building permit
- Governing sections
- 2021 IBC Ordinance § 105.2 item 9; § 201.1
- Ordinance
- MC 61-22, effective May 31, 2022
Summary
Minnehaha County only exempts small prefabricated above-ground pools from the building permit required by the 2021 IBC: those less than 18 inches deep, no larger than 5,000 gallons, and accessory to a single-family home. The code separately defines any structure holding water over 18 inches deep as a regulated 'swimming pool,' which needs a permit.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
Full Breakdown
1 separately defines '[BG] SWIMMING POOL' as 'any structure intended for swimming, recreational bathing or wading that contains water over 18 inches (457mm) deep,' expressly including in-ground, above-ground, and on-ground pools, hot tubs, spas, and fixed-in-place wading pools. 3, which must identify the work, describe the property, and state the intended use. 2's preamble warns that even an exempt pool must still comply with 'any other laws or ordinances of this jurisdiction,' including the county's zoning setback rules. Ordinance MC 61-22 was adopted April 19, 2022 and took effect May 31, 2022, with its standards applying to permits issued after May 27, 2022.
Violations & Fines
Section [A] 114.4 makes violating the 2021 IBC, including installing an in-ground or oversized pool without the required permit, punishable by a fine up to the amount set in SDCL 22-6-2(2), by up to thirty days' imprisonment, or both; the county may also pursue civil injunctive relief under SDCL Chapter 21-8, and each day a violation continues counts as a separate offense. The building official may issue a stop-work order under Section 115.2.
Frequently Asked Questions
Do I need a permit to install an above-ground pool in Minnehaha County?
What counts as a 'swimming pool' under the county's building code?
Do I need a permit for an in-ground pool?
Sources & Official References
Other rules in Minnehaha County
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