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1. Do I Need a Building Permit?

A building permit is required for new construction, additions, alterations, remodeling, repairs and demolition.

A full list of exceptions is listed here.

2. Do I Need a Contractor License? (Licensing requirements)

A contractor license is not required for work on an owner-occupied residence. Nor for an existing commercial building under their ownership unless improvements are structural.

The trades and type of work that typically will require a license include electrical, plumbing, roofing, painting, remodeling, siding, rough framing; all phases of new construction; alterations, additions, repairs and demolition of structures; street, sidewalk and pavement contracting and any items requiring a permit. This includes subcontractors.

A signed application for a contractor license is required and must include the contractor’s certificate of insurance and SD Department of Revenue Excise Tax ID.

To apply for a contractor license, click here.

3. How much does a Building Permit cost?

Fees are based off a sliding scale fee schedule from the valuation of the project, which includes the prices for materials and the cost of labor.

Residential projects for plumbing and mechanical have a flat fee schedule depending on the type of work being done.

For our fee schedule and tap fees, click here.

4. How do I get an address for my property?

An official address will not be provided until an application for a building permit has been received, plans have been approved and the permit has been issued. 

To apply for a building permit, click here. 

Why can’t I have an address before applying for the building permit?

Your address provides a location to easily to find you. It is important to confirm access based on the location of a structure upon roadway from your building plans to ensure an accurate response.

Oftentimes, an applicant wants to receive mail or establish residency with the new address. Until occupancy is allowed per building code, the USPS will not deliver mail to a vacant address.

5. How long does plan review take?

Review of the plans by the Building Official may take two weeks on a residential project or more for a commercial project depending on the complexity.

6. I live/am contracting outside of City Limits, which jurisdiction do I apply with?

To find this information go to the Lawrence County GIS link listed below to find out which office you need to apply with.

1. On the top left side of the screen there is a search tool. Enter the address.

2. Click on the Menu button (≡) and Select the “Jurisdiction” arrow to show the options. 

3. Check the box next to “Joint Powers”. This will show whether your property is in or out of our permitting & licensing jurisdiction. 

4. Should you have difficulties discerning the difference, show the Legend back on the Menu button.

https://www.1stdistrict.org/lawrencets/

7. How do I find my property boundaries?

We advise landowners to refer to their deeds and plats.

If you require further consultation on the location of your property lines, then a professional land surveyor would also be advised.

8. What are the wind speed and snow load requirements?

Wind speed requirements are 115 mph and snow load is 43 psf.

To see our full design criteria, click here. 

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1. How do I get settled curb adjacent to my property repaired?

The City budgets for Curb and Gutter replacement annually. The landowners may call the City Engineer’s office to have their curb put on the replacement list. The City Engineer will inspect the site and determine whether replacement is necessary. All sites are prioritized and the amount replaced is determined by budget. If tree roots cause the curb and gutter to lift, the landowner must remove the tree prior to curb replacement.

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1. What can I do about my neighbor's drainage coming onto my property?

There is not an ordinance that directly deals with a property owner's rights in this situation. It is recommended that the property owners try to work out a mutually beneficial solution between them. Normally a drainage swale can be created on the property between the homes to direct the drainage to the street or backyard and away from structures.

If a solution cannot be worked out to the satisfaction of the property owners, and one property owner feels that they are being damaged by the other property owner, it is a civil matter, which may require appropriate legal counsel to resolve the matter.

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1. What are bicycle lanes?

Simply said, we’re an active community, and it’s safer. On these larger roads, we’ve got to start thinking about more than just vehicles. There are pedestrians and bicyclists to think about. Whether motorists like these other users on that road or not, is irrelevant, these other users are on the road, and we need to safely provide access for all users.

On-street bicycle lanes are proposed preliminary design from University to Fifth streets along Jackson Boulevard, which would be the first in Spearfish. After the first 2 rounds of public comment bike lanes were originally proposed from University to 11th streets, which have since been cut back to University to Fifth streets.

Bicycle Lane Pros

The “pros” of protected bicycle lanes include:

• Bicycle commuters often travel at speeds of 15 to 20 miles per hour, which is not safe on a sidewalk.
• Increased bicycle safety, reducing injury per bike trip
• Increased buffering between bicycles and vehicles
• Increased community connectivity
• Increased on-street bicycle use
• Spearfish is host to over 500 mountain bikers (and their families) from across the country every year for the Dakota-Five-O race.

Bicycle Lane Cons

The “cons” of protected bicycle lanes include:

• Increased maintenance, uncertainty about how the lanes would be maintained in the wintertime. The City will develop a snow removal plan for the bike lanes prior to completion of construction. A likely scenario is that they will be used for snow storage for a number of days after a snow storm until it is convenient to remove the snow. Removing the snow from the bicycle lanes on the same schedule as the street may be necessary if/when on-street bicycle use increases to a point that it justifies the additional expense.
• No existing use data; since these would be a first for Spearfish, there is uncertainty about how much use they would get, as there is no existing on-street bicycle data for comparison.

2. How will the new design affect snow removal?

Snowplowing has been a point of discussion since the project was first proposed. The City Departments will have to make decisions about the methods of snowplowing once the final designs are approved before construction.

Snow Removal Challenge

Snow removal will be a challenge. There could be some additional cost in equipment and man-hours, especially as we learn. There are plenty of other communities with this type of road configuration in northern environments. We too will figure out how best to effectively and efficiently remove snow with this road configuration in our environment. Snow plowing is not as much of an issue with the roundabout. The medians and protected bicycle lanes are more so the challenge.

Snow Removal Plan

The City will develop a snow removal plan for the bike lanes prior to completion of construction. A likely scenario is that they will be used for snow storage for a number of days after a snow storm until it is convenient to remove the snow. Removing the snow from the bicycle lanes on the same schedule as the street may be necessary if/when on-street bicycle use increases to a point that it justifies the additional expense.

3. What is the estimated cost of the project?

The overall project budget is currently estimated to be around $7.68 million.

The preliminary cost estimates, followed by recommended funding sources, include:

• “Other” improvements, including streetscaping/landscaping, medians, new lighting/electrical, bicycle lanes, bridge enhancements, roundabout, tape striping, additional green space, $2,700,000 - second penny, highway bridge, loan and/or bond
• Storm and/or sanitary sewer improvements, $1,100,000 from sewer enterprise funds
• Storm sewer improvements, $275,000 from hydro funds
• Street improvements, looking at the required rehabbing/reconstruction of the current roadway, $3,000,000 - second penny, highway bridge, loan and/or bond
• Water improvements, $605,000 from water enterprise funds

4. What is the Tax-Increment Financing (TIF) district for project amenities?

Tax-Increment Financing (TIF)

In October, the city council set Tax-Increment Financing (TIF) district Number 5 boundary around Jackson Boulevard, extending a full block to Kansas and Illinois streets in either direction along Jackson Boulevard, from Exit 12 to University Street. The TIF district was proposed to finance amenities above and beyond the roadway, water, and sewer improvements planned for the reconstruction project, such as

• Crosswalks
• Enhanced sidewalks
• Landscaping
• Street furniture things that are not essential but affect the aesthetics
  • Such as the past Main Street reconstruction project that added the clock tower and fireplace at the corner of Hudson and Main streets
• Etc.

Economic Development Tool

A TIF district is an economic development tool used to encourage development in an area.

It is a public financing system that uses future increases in property tax to reimburse the costs of public improvements built within a designated TIF district boundary. As real estate value increases within that boundary area, higher tax revenues result. That “tax increment” is then used to refund the costs of public improvements created to support the project, paid back to the source, which in this case would be the city of Spearfish.

TIF District

Setting the boundary is one part of creating a TIF district. The next step is for a project plan to be created that describes the improvements to be paid for by the TIF district, their locations, and cost. The plan also presents a statistical assessment of the financial impact to the various taxing entities, including the city, county, and school district, and the project plan is then submitted for review. It is shared with the county and school district, who offer their input, and then the plan must go through the planning commission and city council for approval before the TIF district is created.

5. What is the project phasing?

The project will be broken into two phases: the first phase includes the portion of Jackson Boulevard from Interstate 90 to Spearfish Creek, and the second phase includes the portion from Spearfish Creek to University Street, the phases are as follows:

• Preliminary design is underway for phase 1, with bid advertising scheduled for the fall of 2018. Construction for phase 1 will begin in the early spring of 2019. The first portion of construction for phase 1 will focus on the underground utilities and storm sewer/drainage. Construction of the street surface will be designated as the second portion of phase 1, and will take place in the fall of 2019.
• Phase 2 of construction will consist of a similar construction schedule as phase 1, and shall take place the following year in 2020. Underground work for phase two will begin in the early spring of 2020, and construction of the street surface will begin in the fall of 2020.

6. Why 4-Lane to 3-Lane Conversion?

If you’ve driven on portions of Junction Avenue in Sturgis; or Canyon Lake Drive, Sheridan Lake Road, or Fairmont Boulevard in Rapid City, you’ve experienced three-lane roadways with similar average daily traffic counts to Jackson Boulevard in Spearfish.

The conversion from 4-lanes to 3-lanes on Jackson Boulevard in Spearfish has been analyzed and recommended by the traffic engineers hired to analyze daily traffic counts, traffic flow, and safety.

For additional information, please review the Lane Conversion page.

7. Why a roundabout?

The existing traffic signal at the Ames Street intersection does not meet current design standards. It would be difficult to design a signalized intersection at this location to meet these standards due to the skew at which Ames Street intersects Jackson Boulevard and the curve in Jackson Boulevard at this location.

For additional information, please review the Roundabout page.

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1. Who will locate my property lines?

There are local Engineering Firms that provide surveying services for private landowners. A list of licensed land surveyors is listed in the Yellow Pages under Surveyors-Land.

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1. Who is responsible for the sidewalk in front of my house?

The property owner is responsible for the repair and maintenance of sidewalks, by State Law. Any property owner, who fails to maintain their sidewalk in a safe condition is considered negligent in their duties as a property owner, and is liable for injuries which may occur due to its lack of maintenance.

It is further required that property owners or renters of property within the City of Spearfish, shovel the snow from their sidewalk to allow for pedestrian passage.

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1. Who is responsible for traffic signals and signs?

Traffic signals and traffic signs are installed and maintained by the Streets Department. If you notice that a street light is out or a traffic sign is down, please call 605-642-1333 with the location, and the necessary repair will be made as soon as possible.

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1. Who is responsible for the water and sewer service lines leading to my home?

The property owner is responsible for all piping and appurtenances, which are not part of the water or sewer main. Problems such as water leaks, broken or inoperable water shut-off, blockages or freezing which occur in the service lines, are the responsibility of the property owner or tenant.

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1. What hours are City Hall offices open?

City Hall Office hours are 7:30 a.m to 4:30 p.m. Monday through Friday.  There is a secure utility payment drop box located in the parking lot.

Offices will be closed the following holidays:

• New Year's Day
• Martin Luther King Jr Day
• Presidents' Day
• Memorial Day
• Juneteenth
• Independence Day
• Labor Day
• Native Americans' Day
• Veterans' Day
• Thanksgiving
• Christmas Day

2. How do I find more information on the Spearfish Rubble Site?

View a list of items that can be dropped off at the Spearfish Rubble Site, as well as costs and hours of operation.

Directions to the Spearfish Rubble Site are as follows:

1. Go 1.5 miles north of Exit 10 on Highway 85.
2. Turn left (west) onto Camp Comfort Road and go 1/2 Mile.
3. Turn right into rubble site.

3. Where is the Spearfish Police Department located?

The Police Department entrance is located at 220 E Illinois Street, which is on the north side of City Hall.

4. What are the rules and regulations for the Rose Hill Cemetery?

Read the rules and regulations for Rose Hill Cemetery.

5. Where do I go to license my pet?

Pet licenses are issued by the Spearfish Police Department located at 225 W Illinois Street.

Visit our page for more information - Licensing your pet

6. What is the phone number for the Spearfish Post Office?

You can reach the Spearfish Post Office at 605-642-3396.

7. Where can I go to get or renew my driver's license?

You may obtain or renew a South Dakota driver's license at Hudson Hall, located at 120 Industrial Drive, on Wednesdays and Thursdays of each week from 8:00 a.m. to 5:00 p.m. Applications are not accepted after 4:00 p.m.

For more information on driver's licenses call 800-773-6883, or visit the Department of Public Safety.

8. What is the phone number for the Spearfish School District?

The Spearfish School District Administration Office phone number is 605-717-1201. Each school is also listed under schools in the phone book.

9. Who do I call to locate underground utilities?

Call South Dakota One Call, dial 811 for in-state phone calls or dial 800-781-7474 for out-of-state phone calls.

10. What is the phone number for the Chamber of Commerce?

The Spearfish Chamber of Commerce can be reached at 605-642-2626.

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1. How do I place a hold on an item?

Holds can be placed on any item in our library catalog. To place a hold online:

1. You must log in to your account using your library card barcode and your last name in all lower-case letters as password.
2. Select Place Hold next to the item you would like held.
3. You will be notified when it becomes available for you to pick it up by e-mail, text, or phone call (depending on your preferred method of notification, which can be set within your account or by speaking with a librarian).

2. How do I download books or audiobooks to a device?

We provide access to eBooks, music, and magazines. Access these titles using the barcode on the back of your library card and your password, which is set to your last name in lower case letters. Library staff will be happy to assist you in setting up your device.

If you have any trouble, contact the library or call 605-642-1330.

3. What are the Library's hours?

The Library is open Monday through Thursday 9 a.m. to 7 p.m., Friday and Saturday 9 a.m. to 5 p.m., and Sunday 1 p.m. to 5 p.m.

4. Does the Library have internet access for public use?

Internet access is available for free to anyone. We do not make reservations. Sign in at the circulation desk for one of our ten Internet computers. Time limits vary depending upon demand, but we typically allow one hour. 

Individuals under 18 must have a form signed by a parent on file with the library, and children under 10 must have a parent present in the library. Headphones are available upon request. Free wireless access is also available for laptop and device users. No password is required.

5. How do I get a library card?

Any resident of Lawrence County can receive a card to our library for free. To sign up for a card, you must show a photo identification and proof of your address (utility bill, lease agreement, etc.). 

Those under age 16 must have a parent's signature. Children must be at least 5 years old to have their own library card. 

Non-resident users are charged $30 per year. Black Hills State University and Spearfish School District students may obtain a card for free using their student identification.

6. What is my password?

Your default password for your library account as well as most online library resources is set to your last name, all lowercase.

You are welcome to change your password to something of your choice. If you forget your password, you will need to contact the library staff so that we can reset your password for you. 

If you are still unable to access your account, contact the library or call 605-642-1330.

7. Does the Library offer proctoring services?

The library offers proctoring services free of charge. Due to space and staffing limitations, the library will not proctor exams where guidelines require constant, direct supervision.

Our proctoring hours are Monday through Thursday, 9:30 a.m. to 6 p.m., and Friday, 9:30 a.m. to 4 p.m. Exams are scheduled to be completed during these proctoring hours. Scheduling is done at the staff's discretion. 

Our testing facilities are limited and based on reservations, so please schedule exams in advance to guarantee availability, especially during finals and midterm weeks. Please stop in or call 605-642-1330 to schedule.

8. Can I renew my library materials?

 To renew your items online:

1. Visit our online catalog. 
2. Fill in the required fields using your barcode from the back of your library card and password. 
3. Select which items you would like to have renewed, with the option to renew all. 
4. If the renewal is successful, the new due date will be displayed.

You can renew your items two times. Please note, an item cannot be renewed if another patron has placed a hold on it or if you have reached the maximum number of renewals allowed. If you have any trouble, contact the library, or call 605-642-1330.

9. Is there Story Time at the Library?

We offer weekly storytimes September through November, January through April, and as part of our summer reading program during June and July. The Library also has other children's programs throughout the year. Find more information about upcoming children's programming.

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1. Can I decorate my Memorial Tree?

No.  Any decorations placed in or around the tree will be removed by Park staff and either returned to the owner or disposed of in a proper manner.

2. What if my Memorial Tree dies?

If your Memorial Tree fails to thrive within 1 year from the date of planting, the tree will be replaced at no cost to the participant.  Trees that fail to thrive after 1 year may be reviewed by the PRF Superintendent on a case-by-case basis.

3. What if future development in the park requires my tree to be moved?

If a Memorial Tree planting site creates interference with future development plans, Spearfish Parks and Recreation will attempt to contact the Participant(s) and discuss options for relocation.  Spearfish Parks and Recreation reserves the right to transplant or remove any Memorial Tree as necessary, at the discretion of the PRF Superintendent or his/her designee.

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1. Why is the Complex being built at Exit 17?

The location of the complex was chosen in conjunction with the Sky Ridge workforce housing project. Due to certain requirements, the complex had to be located within the workforce housing project. Additionally, finding a site large enough to accompany this size of the project was limited and this site was one that met the criteria.

2. How is the complex being funded?

 This project is being funded in conjunction with the Tax Increment Funding district for the workforce housing project at Sky Ridge. The complex itself is being paid for with an 8 million dollar bond and fundraising dollars. The TIF funds are being used to pay for the infrastructure needed for the workforce housing such as grading, dry and wet utilities, and roads.

3. Who will be using the complex?

 This new complex will be home to adult softball players from the Spearfish Adult Softball Association, girl’s youth softball from the Spearfish Youth Baseball and Softball Association, and other local competitive fast-pitch teams as well as youth soccer players from the Spearfish Soccer Association.

4. What is the timeline for this project?

The rough grading was included in the housing portion of the project to save on mobilization costs. The rough grading has been completed. The City is currently working with the design team to design and plan the complex. The city hopes to have a  bid on the project in the spring of 2021 and construct the complex over the next two years. We expect our associations to be playing on the complex in the spring of 2023.

5. Why is the City asking for funds from the community?

Several factors went into this. First, the city and those involved with this project wanted to not only design this complex for the current needs but the needs of the growing community over the next 30 years. Due to the size and complexity of this design, costs are higher than expected. Second, the city and those involved wanted this complex to be representative of our community and its rich heritage of parks and recreation. Third, by asking the community to donate, this creates a sense of ownership in the community and expands Spearfish’s sense of community

6. Is my donation Tax-Deductable?

 Yes, your donation to this project is tax-deductible.  

7. Do I receive anything for my donation?

The city has established donation tiers along with means of recognition for each tier of donation. There are minimum donation requirements and recognition spans from getting your name engraved on a sidewalk paver to sponsoring a field.

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1. Why are bicycle helmets so important?

Bicycle helmets can reduce the risk of head injury by up to 85%. Most deaths related to bicycle falls and collisions involve head injuries. This means that wearing a helmet can save your life.

2. Do I really need to wear a bicycle helmet?

Yes. Each year, bicycle-related deaths number about 900, and United States hospital emergency rooms treat more than 500,000 people for bicycle-related injuries. More children, ages 5 to 14, go to U.S. hospital emergency rooms for injuries associated with bicycles than with any other sport. Many of these injuries involve the head. If you do not wear a bicycle helmet, you are risking your life.

All young children should wear a bicycle helmet, whether they are riding bicycles, tricycles, or are passengers on a parent's bicycle. Never carry a child under age 1 on your bicycle.

3. Will bicycle helmets meeting the Consumer Product Safety Commission's bicycle helmet safety standard protect young children?

Young children on bicycles suffer a higher proportion of head injuries than older bicyclists. Under the Consumer Product Safety Commission new standard, bicycle helmets for children ages 1 to 5 cover a larger portion of the head than helmets for older persons, thus providing additional protection.

4. How can I tell if my bicycle helmet fits properly?

The helmet should fit comfortably and securely. It should be worn so that it is level on the head (not tilted back on the crown or pulled low over the forehead). You should not be able to move the helmet in any direction, back-to-front or side-to-side. The chin strap should be securely fastened. If needed, the helmet's sizing pads can help improve the fit.

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1. Is it possible to receive more than 1 ticket in the downtown 2-hour parking district in the same day?

Yes. The Parking Enforcement Officer will make multiple trips through the district frequently.

2. If I move my vehicle within or leave the downtown parking district boundaries and return to the parking district during the restricted time period, am I still in violation of the ordinance?

Possibly. Vehicles cannot be parked in the regulated downtown area for more than two hours daily during the 9 a.m. to 5 p.m., Monday through Friday time period, even if moved to a different space. This is to ensure customer parking availability.

3. How long can I leave a vehicle or trailer parked on the street?

No vehicle, trailer, or other implement may be left on a city street or alley in excess of a continuous 24 hour period. Any vehicle, trailer or implement found to be in violation shall be towed away at the owners' expense. The owner may also be charged for towing, storage and any parking tickets that may have been issued.

4. Who do I call if a vehicle or trailer remains parked on the street for several days?

The Spearfish Police Department handles all complaints of illegal parking on city streets. You may contact them by calling 605-642-1300.

5. Why are there regulations on where and how long I can leave a trailer parked?

There are several reasons for limiting the location or time period for parking a trailer or vehicle. Allowing them to remain on the street inhibits such things as street maintenance, cleaning, and snow removal. They can also create additional danger to pets and children that may suddenly appear on the street.

Trailers which are parked in front of the residence for extended periods of time become nuisances and sight obstructions for your neighbors.

6. Can I park a vehicle on my yard or lawn?

Yes. It must be operable and licensed. 

If the vehicle is inoperable and/or unlicensed it must be screened from view. 

7. How many cars can my neighbor have in their driveway?

There is no limit to the number of cars someone can own.

However, all vehicles that are parked in a driveway must be drivable and have current license plates. Vehicles parked on the street are subject to the 24-hour rule.

8. Can I park an unlicensed or inoperable vehicle in my driveway?

Unlicensed or inoperable/non-driven vehicles must be screened from view. 

9. Can I place a cover over an unlicensed or inoperable vehicle and keep it?

Yes.

10. Where can I park my camper or boat trailer?

Parking regulations apply to all trailers, regardless of the type or purpose of the trailer. Trailers may be parked on a city street for no more than 24 hours. Trailers may not be on any lot in any residential district for more than 48 hours unless it is located behind the front yard building line. 

The parking and storage of recreational and semi-tractor truck vehicles shall be permitted within residential zoning districts according to the following table.

Type of Vehicle	Permitted Location for Parking and Storage Year Round	Maximum Distance Extended From the Front Building Line	Minimum Distance From Back of Sidewalk	Minimum Distance From Back of Curb
Fifth wheel camper	Side or rear yard	10 feet	5 feet	15 feet
Travel trailer	Side or rear yard	10 feet	5 feet	15 feet
Pop-up camper when fully stowed	Side or rear yard or driveway	No maximum	5 feet	15 feet
Enclosed cargo trailer	Side or rear yard	10 feet	5 feet	15 feet
Open trailer	Side or rear yard or driveway	No maximum	5 feet	15 feet
Semi-tractor truck Motorhome	Side or Rear Yard	10 feet	5 feet if parked with front bumper facing the street, OR 15 feet if parked with front bumper facing the interior of the property.	15 feet
Boat on a trailer	Side or rear yard	10 feet	5 feet	15 feet

On corner lots, distances apply to both street frontages

11. Can someone stay in a camper or recreational vehicle parked on my property?

City ordinance permits someone to stay in a legally parked camper for up to 10 consecutive days. State law only allows one camper per lot. Two or more campers meet the definition of a campground; multiple other regulations are then applicable.

Except for residential areas, temporary parking and occupancy of a camping trailer is only permitted in a commercial campground. In residential neighborhoods, the following restrictions apply:

• May be occupied for no more than 10 consecutive days
• May not be parked in the city right-of-way
• May not be parked on a city street or alley
• May only be parked on a lot that already contains a house
• Must be located behind the front line of your home
• Must be parked on private property

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1. Who do I call about annoying animals?

The Spearfish Animal Control Officer addresses any complaints dealing with animals in your neighborhood. This may be stray cats, barking dogs, sick or injured wildlife, etc.

Contact the police department by calling 605-642-1300.

2. Can I keep chickens, ducks, livestock, or other animals on my property?

City ordinance does not allow the keeping of any chickens, ducks, geese or other domestic fowl, livestock or rabbits, in any house, pen, coop or enclosure situated within 100 feet of any dwelling house or store or other building used or occupied as the residence of any person or within 100 feet of any church, school or public building.

This ordinance does not permit the raising or keeping of the animals described where they are prohibited by zoning or other restrictive ordinances.

3. Where can I find out more information?

Check out our Animal Control page here.

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1. When do I need to shovel snow off my sidewalk?

Sidewalks must be cleared within 48 hours after snow has stopped.  Residents are required to keep all sidewalks completely clear of snow, ice, and obstructions.

2. Is there a certain width the path shoveled on a sidewalk ought to be?

Edge to edge of sidewalk.

3. What if the city snowplows push snow back onto the sidewalk?

If a snowplow redeposits snow or ice on a sidewalk after a person has cleared snow and ice, the area must be cleared regardless of the cause of this condition.

4. What if the wind blows snow back onto the sidewalk?

If the wind redeposits snow or ice on a sidewalk after a person has cleared snow and ice, the area must be cleared regardless of the cause of this condition.

5. Do I have to clear the ADA ramps?

Yes, ADA ramps are part of the sidewalk and are the responsibility of the adjacent property.

6. I have a corner lot. Do I have to clear the sidewalks in front of and to the side of my house?

Yes.

7. Why should I clear my sidewalk? There are no footprints.

Part of being a good neighbor is clearing the sidewalks so people can use them. Maybe no one walks there because it is covered with snow and ice.

8. What are the requirements for multi-family properties or apartments?

The property owner, agent, or occupant of the property abutting the sidewalk is responsible for ensuring the sidewalk is cleared of ice or snow. If you are a tenant of a property, refer to your lease agreement or confirm snow removal expectations with your landlord.

9. Am I exempt from clearing ice and snow from my sidewalk if I am a senior citizen or have a disability?

No; however, there many contractors whom you can engage to clear ice and snow if you are unable.

10. Do I have to clear my sidewalk even if I am out of town?

Yes, you are responsible for arranging to have your sidewalks cleared of ice and snow in your absence. 

11. Do I have to clear the sidewalk abutting my undeveloped lot?

Yes.

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1. How will I be contacted if my property is in violation?

Property maintenance cases are initiated either through a concerned citizen or neighbor who reports a concern or files a complaint; or they are personally observed by the property maintenance official. All citizen complaints are investigated to determine if an actual violation exists.

If a violation is discovered, you should expect to be contacted by the City. The initial contact may occur through one of the methods listed below:

• Code enforcement may contact you in person.
• You may receive a notice (door hanger) attached to your front door or other visible location on the property.
• You may receive a notice in the mail.

2. What process should I expect to see if I have a violation?

When a code violation is reported, we open an incident and work towards resolving the issue through a process of education, inspection, and notices. Each code has its own set of enforcement procedures; however, the process generally follows this sequence:

• Complaint received from citizen or observed by city employee
• Inspection conducted to verify if violation exists
• Notice is given to the property owner or tenant allowing time for correction
• Re-inspection is conducted after date to correct has passed
• If violation is corrected, case is closed
• If uncorrected, the City oversees the abatement/removal and bills the owner for all costs incurred
• Unpaid bills will result in a special assessment levied against the property

3. How much time do I have to correct a code violation?

The amount of time allowed to correct a code violation varies depending on the violation. Once a violation is verified, it is the intent of the City to have the resident/property owner come into voluntary compliance. To accomplish this, the resident is normally given 7 to 30 days, depending on the violation, to take the necessary steps to correct the problem.

There may be a request to correct these types of violations within 24 hours. City ordinance requires snow to be removed from sidewalks within 24 hours of being notified.

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1. Can I cut the branches of my neighbor's trees or bushes?

This is a commonly asked question because the problem occurs in nearly every neighborhood where aging landscape conditions exist. This question is a good example of a civil matter between property owners. We do recommend that individuals attempt to work this out amicably with their neighbor; however, if both parties are unable to resolve the problem satisfactorily, then they have the option of working through the court system, with or without an attorney. You may trim any offending branches/vegetation back to the neighbor’s property line if the trimming does not impact the future life or aesthetic value of the plant.

2. Who is responsible for trimming the trees and bushes that overhang the streets and sidewalks?

The adjoining property owner is required to trim all trees and bushes from their property to the street. The City may trim that at the cost of the adjoining property owner.

3. The house next door is vacant and the grass hasn't been mowed for some time, can anything be done?

Yes. Our city ordinance states that grass and weeds over 10 inches high are declared to be a nuisance and must be cut. Noxious vegetation of any height is strictly prohibited. The owner of the property is sent a notice to mow and eradicate any noxious weeds.

4. When do I need to shovel snow off my sidewalk?

Sidewalks must be cleared within 24 hours after snow has stopped.  Residents are required to keep all sidewalks completely clear of snow, ice, and obstructions.

5. Can I keep my portable basketball backstop on the sidewalk or in the street?

No. Privately owned sporting equipment such as basketball backboard structures, hockey nets, skateboard ramps, and similar items may not be permanently left in the public right-of-way.

The public right-of-way includes the street, sidewalk, and alleys. Residents are asked to put these items back on their private property once they are done using them so that the public and city maintenance equipment may access the area.

6. Can a shed be built right next to the property line?

Garden/storage sheds need to meet the setback requirements of the city zoning regulations. A shed should by placed far enough away from any wall or fence to allow cutting of grass and weeds.

7. Do I need a permit to build my shed?

One-story detached accessory structures (sheds) do not need a permit if the floor area does not exceed 200 square feet. However, you still need to meet all setback requirements from your property lines.

Contact Building Services for additional questions.

8. Can I install a fence or retaining wall without a permit?

Fences up to 7  feet tall and retaining walls less than 4 feet in height, measured from the grade on the exposed side to the top of the wall, do not require permits. There are other regulations restricting the height of fences and walls.

Contact the building department for more information.

9. Do I need to have my house number displayed on my home?

Yes. City ordinance requires all buildings and homes to display the city assigned house/address number. Prompt identification is critical In the event of an emergency.

Review the ordinances about proper size, location, and color requirements for proper identification.

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1. Why are there property maintenance codes and requirements?

Maintaining your property according to standards will do several things for you. Most importantly, it will eliminate safety and health hazards on your property that may affect you, your neighbors, and others, especially young children, which may walk past or wander onto your property.

Additionally, it will create an aesthetically pleasing neighborhood, promote good neighbor policies, show pride in ownership, and more importantly, may very well increase your property’s value. Clean and properly maintained neighborhoods have also shown to reduce crime and criminal intent in a community.

2. What does it cost to have someone from the property maintenance office come and inspect my property?

There is no charge to come and inspect your property. If you are a renter and feel your rental has some safety or health concerns, we encourage you to contact your landlord first and discuss the matter with them. If your landlord does not address the issue in a timely manner, or fails to respond, contact our office and we will discuss your options. 

3. I live just outside the Spearfish city limits, do I still need to comply with the property maintenance requirements?

Yes. Both Spearfish and Lawrence County have adopted the International Property Maintenance Code. Additionally, both entities have entered into a contract referred to as the Joint Powers Agreement. This contract provides the authority to regulate and enforce certain Spearfish city codes and ordinances within a prescribed area of Lawrence County contiguous to the city limits. 

Review a map of the covered area (JPG).

The following adopted Spearfish city codes and ordinances are included in this agreement:

• Building, Electrical, and Plumbing Contractor Licensing
• Flood Prevention and Protection
• International Building Code
• International Fire Code
• International Mechanical Code
• International Property Maintenance Code
• International Residential Code
• Variance Requests

4. What can I do to help?

The best thing you can do is be concerned about the welfare and appearance of your street and neighborhood; then take action:

• Arrange for Code Enforcement staff to speak at your neighborhood gathering
• Become active in your neighborhood homeowners association
• Call to report realtors who advertise properties in your neighborhood with code violations
• Encourage neighbors and surrounding businesses to maintain their property
• Encourage your children to care about a clean neighborhood
• Make sure your property is free from code violations
• Organize a block or alley clean up
• Remove temporary signs from utility poles
• Report illegal dumping immediately
• Return a stray shopping cart to the store
• Volunteer to organize a clean-up in your neighborhood

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1. What is the difference between property maintenance regulations (code enforcement) and homeowner association requirements?

Function

The Property Maintenance Office is a function of city government and is in place to ensure compliance with ordinance requirements and adopted regulations related to land use, zoning, sign standards, public nuisance and health and housing codes. In the City of Spearfish, one of our primary objectives is to educate Spearfish residents and businesses about city codes and requirements. Ultimately, the purpose is to ensure that all neighborhoods and properties are maintained while protecting property values, and promoting the health, safety and welfare of Spearfish residents.

Homeowner's Association

Homeowner’s Associations are private organizations that receive fees paid by the residents of the designated neighborhood to oversee their particular maintenance standards, as established by written Codes, Covenants and Restrictions (CC&Rs) for the properties within that specific neighborhood. Homeowner’s Associations have the right to enforce and assess fines to members in accordance to the Home Owners Association’s CC&Rs. Typically, as part of the purchase process, each property owner within these designated neighborhoods sign documents agreeing to the standards that have been established and will abide by any penalties assessed.

A Homeowner’s Association may establish maintenance standards that require a higher standard of upkeep than the City Codes. Neighborhoods that are within homeowner association areas are still required to abide by City Code requirements.

Enforcing Ordinances

The Property Maintenance Office enforces City Ordinances and the adopted International Property Maintenance Code standards on all properties within the City of Spearfish and adjoining county properties within the Joint Powers Agreement Area, including those properties within a Homeowner’s Association (HOA) area. However, a Homeowner’s Associations enforces maintenance standards within their designated neighborhood.  HOA standards can be similar to City Code requirements or more restrictive. However, if an HOA requirement or standard is less restrictive than the City Code, the City’s Code requirement remains and is required to be met.

2. How do I report a property maintenance violation?

Report property code violation(s) within city limits directly to the Property Maintenance Office.

Complaints may be filed using any of the following methods:

• In person: Our office is located at:
  625 5th Street in City Hall
  Office hours: Monday through Friday
  7 a.m. through 4:30 p.m.
• Online: Complaints may be filed online twenty-four hours a day, seven days a week by using the online comment/complaint form.
• Telephone: Our telephone number is 605-717-1126. Please leave a message on the voicemail if your call is not answered.

3. I want to report a property maintenance problem in my neighborhood but I don't want anyone to know I called, do I have to give you my name?

Please be assured that your personal information (name, address, and phone number) remains anonymous. Unless ordered by the court, your identity is only shared with those in the property maintenance office. We only request this in the event that we need to contact you for follow-up or additional information.

We may need to contact you to confirm either continuing problems or that the violation has been eliminated to your satisfaction. It is also important to be able to contact you in the event we find that the “problem” is not a violation enforceable by our office. If you are anonymous and we’re unable to let you know these circumstances, you will be left with the negative impression that we have ignored your concern.

4. What happens after I file my complaint/request, what do you do? How long does it take, will you contact me afterwards?

We investigate every complaint received. The activity or alleged violation would need to be confirmed through an inspection. Generally, an investigation begins within the week received depending on the severity of the issue or the current case load in the property maintenance office. Complaints are generally prioritized by date of receipt; however, complaints are also prioritized by significance in the order of safety, health, and aesthetic matters.

If a violation exists, the property owner or tenant is contacted and informed of the violation. The time allowed to resolve a violation depends on the complexity of the situation. A correction period of 7 to 30 days is given most of the time.

Please keep in mind that many violations cannot be completed in one or two days. Some things that have accumulated over several years may take a few months to eliminate. 

5. What are the enforcement procedures?

Generally, the enforcement of codes occurs on both a reactive (complaint from a community source) and a proactive (initiated by the inspector) basis. When a complaint is received, it is investigated; any other violations observed are also addressed. Additionally, any violations noted on neighboring properties are also addressed with the appropriate person. These include zoning ordinance, building code, and nuisance code violations. Our goal is to encourage both owners and tenants to voluntarily eliminate any violations that may exist so that Spearfish remains a city in which we can be proud to live.

When a code violation is reported, we open an incident and work towards resolving the issue through a process of education, inspection, and notices. Continued violations are followed by progressive enforcement.

• Complaint received from citizen or observed by city employee
• Inspection conducted to verify if violation exists
• Notification is given to property owner or tenant allowing time for correction (see methods of notification) 
• Re-inspection is conducted after date to correct has passed
• If violation is corrected, case is closed
• If not corrected (Abate: violation removed/corrected by a contractor hired by the city)
• Property owner is billed. If the bill is not paid a lien is filed with the county against the property.

6. How much time do I have to correct a violation?

The amount of time allowed to correct a code violation varies depending on the violation.

Once a violation is verified, it is the intent of property maintenance office to have the resident/property owner come into voluntary compliance. To accomplish this, the resident is normally given 7 to 30 days to take whatever action is necessary to correct the problem. The Inspector does have the option of requesting correction in fewer days. An example of a quicker correction period would be a vehicle parked on and blocking the public sidewalk, or a violation which presents a serious safety or health hazard. There may be a request to correct these types of violations within 24 hours.

If an extension of time is necessary, call the Property Maintenance Office at 605-717-1126 before the deadline. Most of the time extensions will be granted if they are within reason and the issue that needs to be corrected involves something more than just a simple fix; such as moving a vehicle, pulling weeds, or shoveling a sidewalk.

7. What should I do if I receive a property code warning notice?

Don’t panic! Correct the violation by the date given on the warning notice. If for any reason you are unable to come into compliance within the time given, call the Property Maintenance Office to discuss your options.

8. I need more time to correct the code violations on my property, what do I do?

Call the Property Maintenance Office at 605-717-1126 before the deadline. Most of the time extensions will be granted if they are within reason and the issue that needs to be corrected involves something more than just a simple fix; such as pulling some weeds or shoveling a sidewalk. Generally, ample time is given to correct a violation.

9. What can I do if I get a notice and do not understand what the violation is?

Call the code enforcement office.

We are here to work with you to insure that our community will remain a highly valued place to reside.

10. What happens if the property does not come into compliance or I refuse to comply?

When informal and formal efforts fail to get compliance, the City will oversee the abatement of the issue and bill the owner to recover all costs. Failure to repay the bill will result a special assessment being levied against the property.

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1. What do I do if I think my rental or apartment is not in a safe and sanitary condition?

If you are a renter and feel your rental has some safety or health concerns, we encourage you to contact your landlord first and discuss the matter with them. If your landlord does not address the issue in a timely manner, or fails to respond, contact our office and we will discuss your options.

If a violation exists, we will contact the property owner and setup a timeline for repairs. There is no cost to you for contacting the Property Maintenance office or to have us perform an inspection.

2. Can my landlord evict me for filing a complaint on the condition of my rental property?

Not for specifically filing a complaint. You can be evicted if you have violated the terms of your contract agreement/lease (includes being behind on your rent), even though you just filed a complaint.

South Dakota Codified Law chapter 43-32 dictates landlord and tenant rights and responsibilities. You may need to seek legal representation and guidance if you are in a dispute with your landlord.

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1. Why does Spearfish regulate signs and banners?

The purpose of Spearfish’s detailed sign requirements is to protect the uncluttered and unspoiled aesthetics of the area, while allowing for the need for identification of businesses and community activities.

The sign ordinance protects the public from visual pollution and hazardous conditions that can result from commercial and private signs which are structurally unsafe, obscure the vision of motorists, create dangers to pedestrian traffic, or which compete or conflict with necessary traffic signals and warning signs.

2. What signs are regulated?

The sign regulations affect nearly all signs in the city of Spearfish, both private and business signs. The requirements pertain to those signs within the public right-of-way as well as on private property.

3. I m having a garage sale, what can I do to advertise it?

So that we can keep our city free from un-necessary visual clutter and also allow citizens to enjoy their garage sale activities, here are some guidelines to be followed when posting a garage sale sign, signs that do not comply with the following guidelines will be removed without notice:

• Post the sign only with the approval of the adjacent property owner
• The sign may not be attached to a public utility box, street sign, traffic pole or utility pole
• The sign must be free standing and attached to a frame or lightweight stake that may be easily pulled from the ground (attaching to a box is not allowed)
• The sign may not interfere with visibility of traffic or use of sidewalks
• The sign may be posted only on the day of the sale and must be removed immediately after the garage sale is over
• The maximum size of the sign allowed is six square feet

Signs that do not comply with these guidelines will be removed without notice.

4. What types of signs regulations are there? (Garbage, real estate, commercial, etc.)

Read the complete City Ordinance.

5. Who do I call to get more information on the city sign regulations?

Call the Spearfish Planning Director, Marlo Kapsa, at 605-717-1122.

6. Do I need a permit to install or place a sign?

Yes, for certain types of signs.   All permanent signs must apply for and obtain a permit before installing/placing the sign. 

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1. Why are there regulations on where and how long I leave a trailer parked?

There are several reasons for limiting the location or time period for parking a trailer or vehicle. Allowing them to remain on the street inhibits such things as street maintenance, cleaning, and snow removal. They can also create additional danger to pets and children that may suddenly appear on the street.

Trailers which are parked in front of the residence for extended periods of time become nuisances and sight obstructions for your neighbors.

2. Can I park a vehicle on my yard or lawn?

Yes. It must be operable and licensed. 

If the vehicle is inoperable and/or unlicensed it must be screened from view. 

3. How many cars can my neighbor have in their driveway?

There is no limit to the number of cars someone can own.

However, all vehicles that are parked in a driveway must be drivable and have current license plates. Vehicles parked on the street are subject to the 24-hour rule.

4. Can I park an unlicensed or inoperable vehicle in my driveway?

Unlicensed or inoperable/non-driven vehicles must be screened from view. 

5. Can I place a cover over an unlicensed or inoperable vehicle and keep it?

Yes.

6. How long can I leave a vehicle or trailer parked on the street?

No vehicle or trailer may be parked on a city street for more than 24 hours.

7. Where can I park my camper or boat trailer?

Parking regulations apply to all trailers, regardless of the type or purpose of the trailer. Trailers may be parked on a city street for no more than 24 hours. Trailers may not be on any lot in any residential district for more than 48 hours unless it is located behind the front yard building line. 

The parking and storage of recreational and semi-tractor truck vehicles shall be permitted within residential zoning districts according to the following table.

Type of Vehicle	Permitted Location for Parking and Storage Year Round	Maximum Distance Extended From the Front Building Line	Minimum Distance From Back of Sidewalk	Minimum Distance From Back of Curb
Fifth wheel camper	Side or rear yard	10 feet	5 feet	15 feet
Travel trailer	Side or rear yard	10 feet	5 feet	15 feet
Pop-up camper when fully stowed	Side or rear yard or driveway	No maximum	5 feet	15 feet
Enclosed cargo trailer	Side or rear yard	10 feet	5 feet	15 feet
Open trailer	Side or rear yard or driveway	No maximum	5 feet	15 feet
Semi-tractor truck Motorhome	Side or Rear Yard	10 feet	5 feet if parked with front bumper facing the street, OR 15 feet if parked with front bumper facing the interior of the property.	15 feet
Boat on a trailer	Side or rear yard	10 feet	5 feet	15 feet

On corner lots, distances apply to both street frontages.

8. Can someone stay in a camper or RV parked on my property?

City ordinance permits someone to stay in a legally parked camper for up to 10 consecutive days. State law only allows one camper per lot. Two or more campers meet the definition of a campground; multiple other regulations are then applicable.

Except for residential areas, temporary parking and occupancy of a camping trailer is only permitted in a commercial campground. In residential neighborhoods, the following restrictions apply:

• May be occupied for no more than 10 consecutive days
• May not be parked in the city right-of-way
• May not be parked on a city street or alley
• May only be parked on a lot that already contains a house
• Must be located behind the front line of your home
• Must be parked on private property

9. Who do I call if a vehicle or trailer remains parked on the street for several days?

The Spearfish Police Department handles all complaints of illegal parking on city streets. You may contact them by calling 605-642-1300.

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1. I live in an apartment building, who is responsible for keeping the hallways and outside common areas clean and sanitary?

This is addressed in your lease agreement. Typically, tenants are responsible for those areas which they control. The landlord or property owner is responsible for the upkeep of all other common areas unless other agreements are made.

2. Are smoke/fire alarms required in my apartment or home?

Absolutely! Smoke alarms are one of the cheapest and most important safety precautions in any environment. All sleeping rooms and the area immediate outside of a sleeping room are mandatory required locations. Additionally, at least one smoke alarm must be installed on every level of a dwelling.

See a diagram of required smoke detector locations.

3. I recently found mold in the place that I rent, is this a violation and is it hazardous to my health?

This is a yes/no/maybe question. Mold in itself is not a specific violation in the property maintenance code. The code does state that all buildings/homes must be weather tight and sanitary. Mold is primarily caused by excessive moisture. This can occur as a result of rain, snow melt, leaking plumbing, humidity, shower/bath, cooking, etc. Health effects from mold range from very mild to very severe. The same mold may cause a slight irritation for one person and be deadly to another. Regardless of the type of mold in your dwelling, it needs to be eliminated and the initial cause of the mold needs to located and corrected.

Review a Center for Disease Control Mold Abatement Flyer (PDF).

4. Can I operate a business out of my home?

Some businesses are allowed without permits, some are allowed with the approval of a use permit, and others are not allowed in a residential zoning district.

Contact the Planning Department to obtain more information prior to starting the business.

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1. What is the City of Spearfish's responsibility regarding private sewer laterals?

The property owner is fully responsible for maintaining adequate sewage flow to and through the sewer lateral, from the property structure to and into the sewer main. When failure or stoppage of a sewer lateral occurs, it is the owner's responsibility to hire a contractor to clear the blockage.

2. What if my sewer backs up?

It is the responsibility of the property owner to call a plumber or sewer/drain cleaning service to correct the problem. The property owner is responsible for maintaining adequate flow to and through the sewer lateral from the property structure and into the sewer main. If your plumber or sewer/drain cleaning service believes the blockage is in the sewer main, the City will respond as quickly as possible and keep you informed of the progress.

Your plumber or sewer/drain cleaning service can contact the City at 605-642-1325 or after hours at 605-642-1300.

3. What about the mess?

A sewer backup can lead to disease, destruction of valuables, damage to your house and electrical malfunctions. Prompt cleanup of affected property can help minimize the inconvenience and damage.

Please review the following regarding the mess:

• The property owner is responsible for contacting and taking care of cleanup on their premises.
• The property owner should then contact their own private insurance agent and submit a claim for their damages. After their carrier pays the damages, if they feel it was negligence on the City of Spearfish’s part, they will subrogate against the City’s insurance carrier to recoup damages and return the deductible to the property owner.
• All property owners should contact their insurance agent in regards to the sewer backup endorsement. This is an endorsement that can be purchased on their homeowner’s policy, but is generally not covered on a standard form.

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1. Who is responsible for repairs on my service line and/or curb stop?

The property owner is fully responsible for maintaining adequate water flow to and through the water lateral, from the property structure to and into the water main. If there is any damage to the service line, curb stop or tap on the water main, it the responsibility of the property owner to make the necessary repairs. 

View the Service Line Policy (PDF).

2. What is the water hardness and iron levels?

Average water hardness is 217 milligrams per liter  or 12.67 grains per gallon. 

For further information, refer to the Department of Agriculture & Natural Resources (DANR)

3. My water pressure is too low, what do I do?

The most likely cause for low water pressure is the need for adjustment of your pressure reducing valve (PRV). If you do not know how to make the necessary adjustment, please contact a plumbing professional. This is not a service City staff is allowed to perform.

4. I need to locate my curb stop, how do I do this?

A locater is available to check-out at the Utility or Public Works office at 625 N 5th Street. If you are unable to locate it, City staff is available to do so.

Please contact the Utility Office to generate a service request. An appointment will be scheduled for the request.

5. What does my water meter look like?

The City of Spearfish Water Department currently has 3 types of water meters being used in residences and businesses:

• iPerl meter
• SR II
• SR

Water meters are typically installed near the location the water is plumbed into the structure. Water meters are almost always installed indoors due to our freezing conditions. Meters located in unheated areas should be heat taped and insulated to prevent from freezing. Please follow heat tape instructions or contact a plumbing professional.

Review a gallery of SRII and iPerl water meters.

6. How is my water meter read?

Water meters are read each month. The reading date depends on which “Zone” a property resides in. The Utility Department currently operates a Sensus VXU reading unit which allows numerous meters to be read in a matter of minutes. An MXU unit is directly connected to your water meter. The VXU reading unit “wakes up” the MXU and sends the reading from the water meter to the software program.

Review a gallery of typical SRII style meters and MXU connections.

MXUs operate on a single lithium battery. These batteries need to be replaced every 7 to 10 years. If the battery in your MXU needs replaced, the utility office will contact you via letter to request a repair appointment. There is no charge for this service

7. My meter is leaking, but is in a heated room, what do I do?

Please contact the Utility Office by calling 605-642-1325 to generate a service request.

An appointment will be scheduled for the request.