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1. What are the fees for applications in the County?

Please view the Lawrence County Zoning Ordinance (PDF) to see all fees associated with the different types of applications.

2. What is my property zoned?

To find what your property is zoned, please provide the zoning designation of your property by providing us with the street address and the parcel number for the property which can be located on your most recent tax statement.For more information please contact the Planning and Zoning department at 605-578-3871.

3. What are the zoning categories in Lawrence County?

The zoning categories in Lawrence County are:

• A-1: General Agricultural: Development density is approximately 1 lot per 40 acres.
• A-2: Residential Agriculture: Development density is approximately 4 lots per 40 acres; 8-acre minimum lot size.
• PF: Park Forest: Development density is approximately 8 lots per 40 acres; 5-acre average, 2-acre minimum.
• RR: Rural Residential: Development density is approximately 8 lots per 40 acres; 5-acre average, 2-acre minimum.
• SRD: Suburban Residential: Development density is based on whether or not you have a central water and/or sewer system. The average density is 2 acres, unless you can prove you can support smaller.
• GC: General Commercial: Development density is 1 acre, unless you can prove you can support smaller. If there is a residence on the property, minimum lot size is 2 acres.
• RC: Recreation Commercial: Development density is 1 acre, unless you can prove you can support smaller. If there is a residence on the property, minimum lot size is 2 acres.
• HSC: Highway Service Commercial: Development density is 1 acre, unless you can prove you can support smaller. If there is a residence on the property, minimum lot size is 2 acres.
• C/LI: Commercial/Light Industrial: Development density is 1 acre, unless you can prove you can support smaller. If there is a residence on the property, minimum lot size is 2 acres.
• I-1: General Industry: Development density is 1 acre, unless you can prove you can support smaller. If there is a residence on the property, minimum lot size is 2 acres.
• PUD: Planned Unit Development: The intent of the Planned Unit Development District (PUD), regulations is to permit greater flexibility, and consequently, more creative and imaginative design for the development of residential and nonresidential areas than generally is possible under conventional zoning regulations.
  • It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of land uses, a higher level of urban amenities, preservation of natural scenic qualities of open space, environmental protection, concurrent and adequate public facilities, timing, phasing, and sequencing for the proposed development within the PUD, all contingent upon completion of its review process. In addition, reasonable assurance to the developer is intended regarding ultimate approval before expending complete design monies while also providing county officials with assurances that the project will retain the character envisioned and protect public health, safety and general welfare. All PUD requests shall include the Design Standards set out in the Lawrence County Subdivision Regulations and shall conform to the Change of Zoning section of the Lawrence County Zoning Ordinance.
    
    

4. Does Lawrence County regulate the zoning in municipalities?

No, each of the four municipalities in Lawrence County has its own zoning regulations. You should contact the City Offices of Spearfish, Deadwood, Lead or Whitewood for information on properties that are in the municipal boundaries.

5. What are the uses allowed on my property?

The uses allowed in each zoning district are outlined in Article 3-District Regulations in the Lawrence County Zoning Ordinance (PDF). You can also visit the Planning and Zoning department's office to view other uses that are not mentioned in the ordinance. 

Allowed uses are those allowed as a matter by right on a property.

6. I don't see the use I want on my property listed, what should I do?

It is the job of the Planning and Zoning office to interpret the zoning ordinance. To discuss the proposed use that is not listed please contact the Planning and Zoning department at 605-578-3871. In many instances if a use is not listed within a zoning district it is inferred that the use is not allowed within that district, particularly if that use is listed in another category. In some rare cases the Planning and Zoning administrator determines if a use is appropriate within a zoning district.

7. Where are mobile homes permitted?

Mobile homes are permitted in any zoning district as a single residence on a single lot, unless restricted by covenants and or the like. All mobile homes need a moving permit from the Lawrence County Treasurers office and a building permit from Planning and Zoning. Mobile Home Parks are not permitted.

8. What are setbacks?

Setbacks are the distances required between structures or uses and property lines. These distances vary within each zoning district, for specific setback requirements in each district please refer to the Lawrence County Zoning Ordinances (PDF). Variances can be made to some setbacks by applying to the Planning and Zoning office and then having a recommendation meeting with the Planning and Zoning Board and a public hearing in front of the board of appeals.

9. What is a utility easement?

Utility easements are encountered on many properties in the County which have been created by the subdivision process. Generally these easements are there to accommodate the placement of water, sewer, gas or communication lines or to allow for the free flow of storm water across properties so it is properly managed. No permanent structure is allowed in any utility easement, all utilities or improvements, to include approaches, proposed to be located in a county right-of-way must be approved by the County before installation is made.

10. I want to operate a business from my home, what permits do I need?

First, you should consult with the Health Department and / or other agencies, depending on the type and size operation you intend. If you want to operate a simple office from the home as many individuals do these days, no permit is required and to do so is permitted in any residence so long as there is no outside appearance of an office or business operating there and no additional traffic is generated. 

Home occupations are only allowed in the Zoning Districts which lists Home Occupation. Planning and Zoning may require more detail on other types of business operations to determine if they are permitted in specific zoning categories so it is best to contact the office at 605-578-3871. Bear in mind that there are distinctly different residential and business zoning categories so there is legislative intent to keep the two uses separate.

11. I intend to start a new business, where do I find information on where I can locate it and what permits do I need?

Planning and Zoning can tell you which zoning districts are appropriate for the type of business you are starting or relocating and we can give you information regarding where each of these zoning districts are in the County. For more information on building permits for new structures or redoing old ones, please contact the Planning and Zoning department at 605-578-3871.

12. What are the county sign regulations?

The numerous requirements for business signs are contained in Article 4 Supplemental Regulations of the Lawrence County Zoning Ordinance, to view the county's full Zoning Ordinance please view the Lawrence County Zoning Ordinance (PDF). The regulations vary on-premises and off-premises businesses, very few signs do not require zoning certificates so it is best to check with the Planning and Zoning department for your specific needs.

13. How do I subdivide my property?

Subdivision is a very complicated tool used by developers and people whom want to sell off a piece of property to others, break off a piece for a family member or for various other reasons. Each zoning district has different requirements based on density, therefore this question can depend on numerous conditions on the specific property. 

For example, a park forest has the average density that is 5 acres, therefore you would need at least 10 acres to subdivide one parcel into two 5-acre parcels.

14. What does it mean if my property is located within the FEMA floodplain?

If the Floodplain Administrator determines your property is located within the FEMA Floodplain area you will be required to obtain a detailed flood study from a Professional Registered Engineer to prove your building will be located out of the floodplain, or you may need to determine elevation of the proposed site prior to issuance of a building permit.

It is possible for property to be determined to be considered unbuildable and you may want to take the time to look into this prior to buy a lot in Lawrence County. For more information please contact the Planning and Zoning department.

15. What does it mean if I am in the 3-mile jurisdiction for the city of Spearfish?

If your property is located within this jurisdiction this means any building permit or platting will be handled by the city of Spearfish, you will fall under their platting regulations, however you will still fall under Lawrence County Zoning Regulations and Variance requirements. For more information please call the city of Spearfish at 605-642-1333.