Minnehaha County, SD Tree Protection: Parkway Planting (2026)

Minnehaha County's Obstructions of Highway Right-of-Ways Ordinance (published at minnehahacounty.gov/residents/countyOrdinances) prohibits placing structures, vegetation, snow piles, or other obstructions in the county-maintained highway right-of-way without permission from the County Highway Department. The ordinance was adopted under SDCL §31-32-15 (authority to control encroachments on county highways) and is enforced by the Highway Department and Sheriff's Office. The county ROW is typically 66 feet on section-line roads (33 feet from centerline each direction) and includes the ditch and shoulder. Planting trees in this rural ROW is generally not permitted because mature trees obstruct sight lines, interfere with snow removal, and create fixed-object collision hazards. Within incorporated Sioux Falls (the dominant population center, ~192,000 residents), the city's home-rule charter (SDCL 6-12) gives the city exclusive control over its streets. Sioux Falls Forestry Division (City Code Title 96 / Health & Safety) defines all trees in the boulevard or 'parking strip' between curb and sidewalk as PUBLIC TREES. Residents may not plant, prune, or remove a boulevard tree without a Forestry Division permit and must select from the city's approved street-tree species list (no Bradford pear, no silver maple, no green ash post-EAB, etc.). The city is currently spending a $3 million USDA Urban & Community Forestry grant to replace approximately 2,500 boulevard ash trees lost to emerald ash borer, beginning in 2026. Smaller municipalities within Minnehaha County (Brandon, Hartford, Dell Rapids, Crooks, Garretson, Valley Springs, Humboldt) each have their own municipal codes governing street trees — typically following the SD Municipal League model that designates boulevard trees as a city responsibility.