March 28, 2024

Planning & Zoning/E911 Addressing/Drainage

Forms:
-Building Permit
Variance
Conditional Use
-Drainage Permit
Marshall County 911 Address Request

Planning & Zoning/E911 Addressing/Drainage Director:
Erin Collins-Miles

Email: [email protected]

Mailing Address:
911 Vander Horck
PO Box 9

Britton, SD 57430

Phone: (605) 448-7540

Hours: 8:00 a.m.- 4:30 p.m. Closed for Lunch
Monday – Friday

For planning and zoning fees, please CLICK HERE.

For Zoning agendas and minutes CLICK HERE.

ZONING ORDINANCE

To view the Zoning Ordinance of Marshall County online, CLICK HERE. The ordinance is also available in the office of the Zoning Administrator during regular business hours.

NOTICE – BUILDING PERMIT APPLICATION REMINDER

Notice is hereby given that pursuant to TITLE 16 CHAPTER 16.2 of the Marshall County Zoning Ordinance; No building, structure or driveway shall be erected, partially erected, moved, added to, or structurally altered without a permit issued by the Zoning Administrator. No building permit shall be issued by the Zoning Administrator except in conformity with the provisions of this Article, unless he/she received a written order from the Board of Adjustment in the form of an administrative review, conditional use, or variance as provided by this Article. Building permits are required in the following instances:

  1. For any improvements on or to any structure/building in which the market value (net worth) of the improvements exceeds $3,000.
  2. For any structure or building, regardless of cost, if additional land or area is required for it to be sited on.
  3. For any storage sheds with an area of 80sq ft (8×10) or larger. Sheds less than 80sq ft in size do not require a building permit, but need to meet the setback requirements of the applicable district,
  4. For any concrete asphalt, paved or graveled driveway erected, partially erected, moved, added to, or structurally altered that abuts any county road or located in a county right-of-way.
  5. For any change of use or occupancy within a building or structure.

Structure —Anything constructed or erected the use of which requires permanent location on the ground or attached to something having a permanent location on or below the ground. Among other things, structures include, but are not limited to, buildings, manufactured homes, walls, fences, billboards, and poster panels.

3.2 Provisions of This Ordinance Declared to be Minimum Requirements. In their interpretation and application, the provisions of this ordinance shall
be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. All provisions of this ordinance, must at a minimum, be met in all circumstance. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully
adopted rule, ordinance, or Board of Adjustment decision, the most restrictive or that imposing the higher standards, shall govern.

Pursuant to TITLE 16 CHAPTER 16.6 of the Marshall County Zoning Ordinance, It is the owner’s responsibility to obtain a permit prior to construction on his/her property, owned or leased. Initial fees shall be based on the estimated cost of the construction, alteration or repairs. If at the completion of the construction, alteration or repair, the estimated cost as given in the application appears inadequate to the Zoning Administrator; he/she may demand bills or receipts to substantiate such value and additional fees may be assessed accordingly.

911 Addressing

All 911 addressing for Marshall County outside of the cities must be given by the GIS department. For all addresses within the city limits, contact your local City Hall.

New Building Sites
To assign a 911 address, the location of the structure (i.e., home, shop, business, etc.), your driveway and where it meets the road need to be decided. The address is assigned based on GPS coordinates of the exact location you provide, so changing your building plans or moving this driveway may change the address.

You are responsible for making sure that your house or property is labeled properly for Emergency Services.

Addressing a 2nd building at that location
A 2nd address may be required for the following reasons:

  • 2nd dwelling (house or mobile home) is added to the same property.
  • a phone line is added to another structure (the phone company requires an address for each structure with a phone line).

As with these, along with the new building site – please allow a month for these structures to be addressed.

Drainage

To view the revised Drainage Ordinance for Marshall County, South Dakota online, CLICK HERE.

Pursuant to the Marshall County, South Dakota Drainage Ordinance, the following rules apply;

III. Permits Required. It shall be unlawful to commence the excavation for, or begin the construction or installation of drainage works until a drainage permit has been issued by the Board for such work. A permit shall be required before any person may construct, cause to be constructed, modify, repair or improve any drainage or drainage ditch unto other real estate. Permits shall be required for drains along or across any highway and for construction of open ditches. A permit shall also be required before any person may modify the drainage authorized in an original permit issued by the Board. Modification of drain or the alteration of a drain from the original plans or specifications.

a. A person requesting a drainage permit will file an application with the Drainage Administrator on a form provided by the County and pay the one hundred ($100.00) filing fee with the Administrative Official. The applicant must provide a detailed site plan showing the location of the proposed construction. The site plan must include a description of the type and size of the drain, and the GPS coordinates location of the proposed outlet. Any application for a proposed drainage project which empties into an existing drainage system must include a GPS coordinates location of where it is going into that drainage system. The applicant must obtain written approval of the governing agency for any drainage into the road right-of-way prior to submitting the drainage application. If the Board determines that the application is incomplete or if the information therein is insufficient upon which to make an informed decision about the application, the application will be returned to the applicant for revision. The Board may also require the applicant provide a detailed survey prepared by a professional engineer or surveyor.

VI. Notice of Permit Hearing. For all hearings required pursuant to this article, the Drainage Administrator shall, at the applicant’s expense, publish one time, notice in a newspaper of general circulation in the area of the proposed drainage. The notice shall be published not more than fifteen days, nor less than five days, before the date set for hearing. The Drainage Administrator shall also, at the applicant’s expense, give notice not less than ten days before the date set for hearing, to:

a. Any owner of real property, including railroad right-of-way, which would be directly affected by the water to be drained.
b. The state highway department, county highway department, board of township supervisors or any other agency or department that might be affected by the drainage.
c. All utilities including gas, oil, electricity, water or communications transmission systems affected by the drainage.
d. Any person who has notified the Board of the person’s objection to the drainage project proposed, and who has requested notification of such hearing on the drainage project proposed.

VII. Content of Notice of Hearing. The notice shall be given all essential facts concerning the proposed drainage, including, but not limited to; name and address of applicant, legal description or location of the area to be drained and the area into which the water will be drained; purpose of drainage, estimated dates drainage construction will commence; the time, date and location of the hearing; and such other pertinent information as deemed necessary by the Board.

XII. Recording Of Approved Permit. The Board shall, at the applicant’s expense, record all approved drainage permits with the Marshall County Register of Deeds.

XV. Penalty for Failure to Secure Permit for Drainage Work. Any person draining water into a highway right-of-way or other real estate without a permit of up to $1,000.00 per day of violation.

Floodplain Administration

Follow this link to see a list map of Marshall County’s floodplain:

Flood Map Changes Viewer (arcgis.com)

Proposed FEMA Ordinance for Marshall County

SD Flood Ordinance 11.28.23

Timeline: 
Postponed until further notice