S.D. Codified Laws § 11-6-11 — SD Code / Title 11 / Chapter 6 / Section 11-6-11
Territorial extent of general zoning powers--Express provision as to extraterritorial operation--Division of overlapping extraterritorial zones
Status: in_force

The governing bodies shall meet jointly and hold at least one public hearing to consider the recommendations of the planning commissions on the comprehensive plan for the joint jurisdictional area. Notice of the time and place of the hearing shall be given once by either the city or county at least ten days in advance by publication in a legal newspaper. Adoption of the comprehensive plan shall be by resolution of each governing body. Such action is subject to §§ 11-6-18.2 and 11-2-21 .

Source: SDC Supp 1960, § 45.3318 as enacted by SL 1966, ch 145; SL 1975, ch 116, § 6; SL 1992, ch 60, § 2; SL 2003, ch 77, § 4.
S.D. Codified Laws § 11-8-5 — SD Code / Title 11 / Chapter 8 / Section 11-8-5
"Urban renewal project" defined
Status: in_force

Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "urban renewal project" may include undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan.

Source: SL 1966, ch 149, § 2 (10).
S.D. Codified Laws § 11-14-7 — SD Code / Title 11 / Chapter 14 / Section 11-14-7
Hearing of appeal--Notice of hearing
Status: in_force

The board of appeals shall fix a reasonable time for the hearing of an appeal pursuant to § 11-14-3 , give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-19 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-7-92 — SD Code / Title 11 / Chapter 7 / Section 11-7-92
Commission power to issue bonds--Refunding bonds
Status: in_force

A commission shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. A commission shall also have power to issue refunding bonds for the purpose of paying or retiring bonds, including interest thereon, previously issued by it.

Source: SL 1950 (SS), ch 13, § 21; SDC Supp 1960, § 45.3621.
S.D. Codified Laws § 11-14-14 — SD Code / Title 11 / Chapter 14 / Section 11-14-14
Allowance of costs
Status: in_force

Costs shall not be allowed against the board of appeals unless it appears to the circuit court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (5); SDCL § 50-10-26 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-3-3 — SD Code / Title 11 / Chapter 3 / Section 11-3-3
Numbering of lots--Length and angle of lines to be shown on plat--Curves
Status: in_force

All the lots, if included in blocks, shall be numbered in consecutive numbers starting with one, and the blocks shall also be numbered in consecutive numbers or letters, and the precise length and necessary angles of all lot and block lines, and the precise length and bearing angles of all subdivision boundary lines shall be stated on the plat. All lots not included in blocks, and all parcels or tracts shall in like manner be surveyed and numbered or lettered consecutively and the precise length and bearing angle of all lines and the acreage of each lot, parcel, or tract and the total acreage within the subdivision boundaries shall be stated on the plat together with any streets which shall divide or border the same. The plat shall include the length, central angle, and any other data necessary to properly survey any curve included on the plat.

Source: SL 1887, ch 106, § 1; CL 1887, § 1096; RPolC 1903, § 1491; RC 1919, § 6538; SDC 1939, § 45.2802; SL 1979, ch 93, § 4.
S.D. Codified Laws § 11-7-19 — SD Code / Title 11 / Chapter 7 / Section 11-7-19
Director, officers, and employees of commission--Legal services--Services of local public bodies
Status: in_force

A commission shall have power to employ an executive director, technical experts, and such officers, agents, and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation; for such legal services as it may require, to call upon the chief law officer of the municipality or to employ its own counsel and legal staff; and so far as practical, to use the services of local public bodies, in its area of operation.

Source: SL 1950 (SS), ch 13, § 7, subdiv 1 (2); SDC Supp 1960, § 45.3607 (1) (b).
S.D. Codified Laws § 11-7-49 — SD Code / Title 11 / Chapter 7 / Section 11-7-49
Approval required for initiation of low-rent housing projects
Status: in_force

A commission may not initiate any low - rent housing project and may not enter into any contract with respect thereto unless the governing body of the municipality or the county as applicable has by resolution approved a resolution of necessity by the commission for the provision of low - rent housing projects. Upon consideration of the resolution of necessity, the governing body shall publish in its official newspaper one week prior to final action by the governing body on the resolution of necessity notice that the final action will be made.

Source: SL 1950 (SS), ch 13, § 11; SDC Supp 1960, § 45.3611 (1); SL 1967, ch 225, § 1; SL 1968, ch 186, § 7; SL 1969, ch 184, § 1; SL 1982, ch 60, § 3; SL 1987, ch 117, § 5.
S.D. Codified Laws § 11-7-17 — SD Code / Title 11 / Chapter 7 / Section 11-7-17
Commission as body corporate--General powers--Taxing and special assessment power denied
Status: in_force

A commission shall be a public body corporate and politic, exercising public and essential governmental functions, and shall have all the powers necessary or convenient to carry out the purpose of this chapter including the powers granted by §§ 11-7-18 to 11-7-23 , inclusive, in addition to others granted in this chapter, but not the power to levy or collect taxes or special assessments.

Source: SL 1950 (SS), ch 13, § 7, subdiv 1; SDC Supp 1960, § 45.3607 (1).
S.D. Codified Laws § 11-2-65.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-65.1
Special permitted use, conditional use, variance--Expiration--Enforceability
Status: in_force

Any county zoning ordinance provision setting a time limit for commencement or completion of a special permitted use, conditional use, or variance granted under this chapter is tolled to allow commencement within a period of two years following completion of any final appeal of the county zoning decision. Any county zoning ordinance provision to the contrary is invalid or unenforceable and the special permitted use, conditional use, or variance shall be allowed if actual construction as approved is commenced within this period and any provision addressing timely completion shall commence only upon such actual construction. The authority constitutes a lawful use, lot, or occupancy of land or premises existing at the time of the adoption of a zoning ordinance amendment or replacement within this period or while an appeal is pending regardless of the commencement of actual construction, so that the approved use shall be allowed if upheld on final appeal.

For purposes of this section, the term, actual construction, means that construction materials are being permanently placed and the construction work is proceeding without undue delay.

Source: SL 2020, ch 41, § 15; SL 2023, ch 39, § 3.
S.D. Codified Laws § 11-2-11 — SD Code / Title 11 / Chapter 2 / Section 11-2-11
Preparation of comprehensive county plan and official controls--Municipalities included
Status: in_force

The county planning commission may prepare, or cause to be prepared, a comprehensive plan for the county including those municipalities within the county which are either unincorporated or which have requested by resolution of the governing board of such municipality to be included.

Source: SL 1941, ch 216, § 4; SDC Supp 1960, § 12.20A04; SL 1966, ch 27; SL 1967, ch 20, § 2; SL 1974, ch 108; SL 1975, ch 113, § 5; SL 1976, ch 103; SL 1977, ch 104, § 1; SL 1999, ch 65, § 2; SL 2000, ch 69, § 3.
S.D. Codified Laws § 11-2-63 — SD Code / Title 11 / Chapter 2 / Section 11-2-63
Board may return certified copies of papers--Grounds of decision set forth
Status: in_force

The board of adjustment is not required to return the original papers acted upon by it, but it is sufficient to return certified copies of the papers, or of such portions of the papers as may be called for by the writ. The return shall concisely set forth such other facts pertinent and material to show the grounds of the decision appealed from and shall be verified.

Source: SL 2000, ch 69, § 33.
S.D. Codified Laws § 11-9-35 — SD Code / Title 11 / Chapter 9 / Section 11-9-35
Maximum amount of bonds--Maturity--Redemption--Bearer or registered--Denominations
Status: in_force

Tax increment bonds may not be issued in an amount exceeding the aggregate project costs. The bonds may not mature later than twenty years from the date the district was created. The bonds may contain a provision authorizing the redemption of the bonds, in whole or in part, at stipulated prices, at the option of the political subdivision, on any interest payment date and must provide the method of selecting the bonds to be redeemed. The principal and interest on the bonds may be payable at any time and at any place. The bonds may be payable to the bearer or may be registered as to the principal or principal and interest. The bonds may be in any denominations.

Source: SL 1978, ch 91, § 23; SL 2011, ch 73, § 12; SL 2018, ch 70, § 36; SL 2024, ch 45, § 15.
S.D. Codified Laws § 11-7-68 — SD Code / Title 11 / Chapter 7 / Section 11-7-68
Rules and regulations for occupancy of housing projects
Status: in_force

The occupancy of any dwelling unit in a housing project under the jurisdiction of the commission shall be subject to such reasonable rules and regulations as may be prescribed by it.

Source: SL 1950 (SS), ch 13, § 16, subdiv 2; SDC Supp 1960, § 45.3616 (2); SL 1967, ch 225, § 2.
S.D. Codified Laws § 11-2-1 — SD Code / Title 11 / Chapter 2 / Section 11-2-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board," the board of county commissioners;

(2) "Commission," "planning and zoning commission," "zoning commission," or "planning commission," any county planning and zoning commission created under the terms of this chapter;

(3) "Comprehensive plan," a document which describes in words, and may illustrate by maps, plats, charts, and other descriptive matter, the goals, policies, and objectives of the board to interrelate all functional and natural systems and activities relating to the development of the territory under its jurisdiction;

(4) "Governing body," the board of county commissioners, the city council or city commission;

(5) "Municipality," a city or town however organized;

(6) "Temporary zoning or subdivision ordinance," an ordinance adopted as an emergency measure for a limited duration;

(7) "Subdivision ordinance," any ordinance adopted by the board to regulate the subdivision of land so as to provide coordination of streets with other subdivisions and the major street plan, adequate areas set aside for public uses, water and sanitation facilities, drainage and flood control, and conformity with the comprehensive plan;

(8) "Subdivision," the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development. The term includes resubdivision. This definition does not apply to the conveyance of a portion of any previously platted tract, parcel, lot, or site if the conveyance does not cause the tract, parcel, lot, or site from which the portion is severed to be in violation of any existing zoning ordinance or subdivision ordinance applying to the tract, parcel, lot, or site;

(9) "Zoning map," the map that delineates the extent of each district or zone established in the zoning ordinance;

(10) "Zoning ordinance," any ordinance adopted by the board to implement the comprehensive plan by regulating the location and use of buildings and uses of land.

Source: SL 1967, ch 20, § 1; SL 1975, ch 113, § 1; SL 1987, ch 29, § 55; SL 1992, ch 60, § 2; SL 2000, ch 69, § 1.
S.D. Codified Laws § 11-7-73 — SD Code / Title 11 / Chapter 7 / Section 11-7-73
Exempt housing project to make payments in lieu of taxes--Annual statement--Percentage of rentals to be paid--Distribution of payments to governmental units
Status: in_force

Notwithstanding the provisions of § 11-7-72 , any housing project of the commission that has become occupied, either in whole or in part, and is exempt from taxation pursuant to § 11-7-72 shall make payments in lieu of taxes. The commission shall file with the proper director of equalization, on or before May first of each year, a statement of the dwelling unit rentals of that project collected during the preceding calendar year. Unless a greater amount is permitted pursuant to federal legislation and has been agreed upon between the commission and the municipality or the county which created the commission, five percent of the revenue from the dwelling unit rentals shall be charged to the commission as payments in lieu of taxes. The payments in lieu of taxes shall be distributed to all of the appropriate governmental units in the area of operation in such proportions that each governmental unit will receive from the payments the same proportion as it would if property taxes were paid. However, no payments in lieu of taxes shall exceed the amounts which would be payable in property taxes on the project if the project was not exempt from taxation. The term, dwelling unit rental, means the total revenue collected for rentals of residential dwelling units. The term, dwelling unit rental, does not include any revenue from other income, fees, or services that may be received by the commission. The records of each housing project shall be open to inspection by the director of equalization.

Source: SL 1950 (SS), ch 13, § 28; SDC Supp 1960, § 45.3628 (2); SL 1968, ch 186, § 11; SL 2010, ch 72, § 1.
S.D. Codified Laws § 11-2-28.3 — SD Code / Title 11 / Chapter 2 / Section 11-2-28.3
Sign to notify public about petition and hearing on zoning change or conditional use permit
Status: in_force

If a landowner petitions a board for a change in the zoning applied to the landowner's land or petitions a board for a conditional use permit and a local ordinance requires the landowner to post a sign to notify the public about the petition and the hearing on the petition, the sign must be at least twenty-four inches wide and eighteen inches tall with bold lettering to inform the public about the petition and hearing. This section does not preempt any requirement provided in any state law or municipal or county ordinance.

Source: SL 2015, ch 71, § 1.
S.D. Codified Laws § 11-2-34 — SD Code / Title 11 / Chapter 2 / Section 11-2-34
Injunction proceedings to prevent or abate violations
Status: in_force

In the event of a violation or a threatened violation of the regulations or restrictions of an ordinance adopted pursuant to this chapter, the board of county commissioners or any member thereof, in addition to other remedies, may institute an appropriate action or proceedings to seek an injunction in a court of competent jurisdiction to prevent, restrain, correct or abate such violation or threatened violation and it is the duty of the state's attorney to institute such action.

Source: SL 1967, ch 20, § 13.
S.D. Codified Laws § 11-11-26 — SD Code / Title 11 / Chapter 11 / Section 11-11-26
Power to carry out chapter
Status: in_force

The authority may carry out and effectuate the purposes and provisions of this chapter.

Source: SL 1973, ch 180, § 12; SDCL Supp, § 28-19-23; SL 2012, ch 78, § 10.
S.D. Codified Laws § 11-4-5 — SD Code / Title 11 / Chapter 4 / Section 11-4-5
Reading, passage and publication of ordinance--Protest by landowners in district--Flood plain ordinance not subject to protest
Status: in_force

If a zoning ordinance is adopted, the ordinance is subject to the provisions of § 9-19-7 as a comprehensive regulation unless the referendum is invoked, or unless a written protest is filed with the auditor or clerk, signed by at least forty percent of the owners of equity in the lots included in any proposed district and the lands within two hundred fifty feet from any part of the proposed district. A corporation is construed to be a sole owner, and if parcels of land are in the name of more than one person, ownership representation is in proportion to the number of signers who join in the petition in relation to the number of owners. If a protest is filed, the ordinance does not become effective unless the ordinance is approved by two - thirds of the governing body of the municipality. The protest provisions of this section do not apply to any ordinance regulating or establishing flood plain areas.

Source: SDC 1939, § 45.2604; SL 1949, ch 192; SL 1974, ch 112; SL 1975, ch 115; SL 1998, ch 75, § 1; SL 1999, ch 65, § 12; SL 2000, ch 69, § 56.
S.D. Codified Laws § 11-6-32 — SD Code / Title 11 / Chapter 6 / Section 11-6-32
Time allowed for approval or disapproval of plat--Plat deemed approved in absence of action--Ground of disapproval stated
Status: in_force

The plat shall be approved or disapproved within ninety days after submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the council on demand; provided, however, that the applicant for the approval may waive this requirement and consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the council.

Source: SL 1949, ch 198, § 13; SDC Supp 1960, § 45.3313; SL 1966, ch 145; SL 1975, ch 116, § 19.
S.D. Codified Laws § 11-7-71 — SD Code / Title 11 / Chapter 7 / Section 11-7-71
Receivership remedy preserved for obligee on housing project--Acquisition of redevelopment property on default by purchaser or lessee
Status: in_force

Nothing contained in §§ 11-7-1 to 11-7-70 , inclusive, shall be construed as limiting the power of a commission:

(1) With respect to a housing project, to vest in an obligee the right, in the event of a default by the commission, to take possession thereof or cause the appointment of a receiver thereof, free from all the restrictions imposed by said sections; or

(2) With respect to a redevelopment project, in the event of a default by a purchaser or lessee of land, to acquire the property and operate, sell, or lease it free from such restrictions.

Source: SL 1950 (SS), ch 13, § 16, subdiv 3; SDC Supp 1960, § 45.3616 (3).
S.D. Codified Laws § 11-9-16 — SD Code / Title 11 / Chapter 9 / Section 11-9-16
Additional contents of project plan
Status: in_force

The project plan for each district must contain:

(1) A map showing the existing uses and conditions of real property in the district;

(2) A map showing the proposed improvements and uses;

(3) A map showing the proposed changes of zoning ordinances;

(4) A statement listing changes needed in the master plan, map, building codes, and ordinances of the political subdivision;

(5) A list of estimated nonproject costs; and

(6) A statement of a proposed method for the relocation of persons to be displaced.

Source: SL 1978, ch 91, § 7 (5); SL 2018, ch 70, § 19; SL 2024, ch 45, § 8.
S.D. Codified Laws § 11-14-5 — SD Code / Title 11 / Chapter 14 / Section 11-14-5
Appeals to board--Time for appeal--Procedure
Status: in_force

Appeals to the board established pursuant to § 11-14-3 may be taken by any person aggrieved, or by any officer, department, board, or bureau of the political subdivision affected, by any decision of the administrative agency. An appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-17 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-3-12.1 — SD Code / Title 11 / Chapter 3 / Section 11-3-12.1
Approval of access to street or highway prerequisite to filing plat
Status: in_force

The owner of any parcel of land proposing to develop such land for residential or commercial purposes shall obtain written approval of the proposed access to an abutting highway or street from the appropriate highway or street authority. The approval shall be obtained prior to filing of the plat in accordance with this chapter and may not replace the need for any permits required by law.

Source: SL 1981, ch 118.
S.D. Codified Laws § 11-9-42 — SD Code / Title 11 / Chapter 9 / Section 11-9-42
Tax increments not to be used for residential structures
Status: in_force

No tax increments shall be used for the construction of residential structures.

Source: SL 1978, ch 91, § 29A; SL 1985, ch 102.
S.D. Codified Laws § 11-11-161 — SD Code / Title 11 / Chapter 11 / Section 11-11-161
Conditions of mortgage loan or other financing
Status: in_force

As a condition of a mortgage loan or other financing, the authority may, at all times during the construction or rehabilitation of a housing development or housing project by a housing sponsor and the operation thereof:

(1) Order such alterations, changes, or repairs as may be necessary to protect the security of the authority's investment in a housing development or the health, safety, and welfare of the occupants thereof and ensure that the housing development is or has been constructed or rehabilitated in conformity with all applicable federal, state, and local building codes; and

(2) Order any managing agent, housing development manager, or owner of a housing development to do such acts as may be necessary to comply with the provisions of all applicable laws, ordinances or building codes or any rule or regulation of the authority or the terms of any agreement concerning the development or refrain from doing any acts in violation thereof and in this regard the authority is a proper party to file a complaint and to prosecute on the complaint for any violations of laws, ordinances, or building codes as set forth in this section.

Source: SL 1973, ch 180, § 19 (8) (b); SDCL Supp, § 28-19-139; SL 1995, ch 80, § 29; SL 2012, ch 78, § 104.
S.D. Codified Laws § 11-9-46 — SD Code / Title 11 / Chapter 9 / Section 11-9-46
Termination of district--Notice
Status: in_force

The district must be terminated when:

(1) Positive tax increments are no longer allocable to the district pursuant to § 11-9-25 ; or

(2) The governing body, by resolution, dissolves the district after payment or provision for payment of all project costs, grants, and all tax increment bonds of the district.

Within thirty days after the termination of a district, the governing body shall provide to the department a notice, which must include the name of the district and copies of the resolution of dissolution and the district's final financial statement. The final financial statement must account for the distribution of any remaining funds pursuant to § 11-9-45 .

Source: SL 1978, ch 91, § 19; SL 1983, ch 37, § 13; SL 2011, ch 73, § 19; SL 2018, ch 70, § 45; SL 2026, ch 58, § 14.
S.D. Codified Laws § 11-11-119 — SD Code / Title 11 / Chapter 11 / Section 11-11-119
Purchase of mortgages from mortgage lenders
Status: in_force

The authority may invest in, purchase or make commitments to purchase, and take assignments from mortgage lenders, of notes and mortgages evidencing loans for the construction, rehabilitation, purchase, leasing, or refinancing of housing in this state.

Source: SL 1973, ch 180, § 17 (1); SDCL Supp, § 28-19-104; SL 1983, ch 106, § 4S; SL 2012, ch 78, § 74.
S.D. Codified Laws § 11-7-24 — SD Code / Title 11 / Chapter 7 / Section 11-7-24
Acquisition of property devoted to prior public use--Approval by governing body required--Increase in value arising from project not considered in awarding compensation
Status: in_force

Real property in an area needed for a project, which is to be acquired by eminent domain pursuant to § 11-7-22 , may be acquired by the commission for such project, including any property devoted to a public use, whether or not held in trust, notwithstanding that such property may have been previously acquired by eminent domain or is owned by a public utility corporation it being hereby expressly determined that the public use in conformity with the provisions of this chapter shall be deemed a superior public use; provided, however, that property devoted to a public use may be so acquired only if the governing body of the municipality or the county as applicable has approved its acquisition by the commission. An award of compensation shall not be increased by reason of any increase in the value of the real property caused by the assembly, clearance or reconstruction, or proposed assembly, clearance or reconstruction for the purposes of this chapter of the real property in an area.

Source: SL 1950 (SS), ch 13, § 7, subdiv 2; SDC Supp 1960, § 45.3607 (2); SL 1968, ch 186, § 5.
S.D. Codified Laws § 11-10-14 — SD Code / Title 11 / Chapter 10 / Section 11-10-14
Use of acceptable refrigerant permitted--Qualification
Status: in_force

Notwithstanding any law, regulation, or ordinance to the contrary, the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. § 7671k, as amended and in effect on January 1, 2023, is permitted, provided any equipment containing the refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to the designation.

Source: SL 2023, ch 40, § 1.
S.D. Codified Laws § 11-8-11 — SD Code / Title 11 / Chapter 8 / Section 11-8-11
Discrimination prohibited
Status: in_force

For all of the purposes of this chapter, no person shall, because of race, creed, color, or national origin, be subjected to any discrimination.

Source: SL 1966, ch 149, § 19.
S.D. Codified Laws § 11-9-9 — SD Code / Title 11 / Chapter 9 / Section 11-9-9
Areas conducive to disease or crime defined as blighted
Status: in_force

Any area, including slum area, in which the structures, buildings, or improvements, by reason of:

(1) Dilapidation, age, or obsolescence;

(2) Inadequate provisions for ventilation, light, air, sanitation, or open spaces;

(3) High density of population and overcrowding;

(4) The existence of conditions which endanger life or property by fire and other causes; or

(5) Any combination of such factors;

Source: SL 1978, ch 91, § 2 (1).
S.D. Codified Laws § 11-11-4 — SD Code / Title 11 / Chapter 11 / Section 11-11-4
Declaration of public purposes and public interest
Status: in_force

It is hereby further declared that all of the purposes mentioned in §§ 11-11-2 and 11-11-3 are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, or granted, and that such activities serve a public purpose in improving or otherwise benefitting the people of this state; that enacting the provisions set forth in this chapter is in the public interest and is authorized by S.D. Const., Art. XIII, § 17, and this is hereby so declared as a matter of express legislative determination.

Source: SL 1973, ch 180, § 1; SDCL Supp, § 28-19-4; SL 1983, ch 106, § 4D.
S.D. Codified Laws § 11-7A-4 — SD Code / Title 11 / Chapter 7A / Section 11-7A-4
Supplemental nature of powers
Status: in_force

The powers conferred by §§ 11-7A-2 and 11-7A-3 shall be in addition and supplemental to the powers conferred by any other law.

Source: SL 1950 (SS), ch 14, § 5; SDC Supp 1960, § 45.3705; SDCL, § 9-37-4.
S.D. Codified Laws § 11-2-45 — SD Code / Title 11 / Chapter 2 / Section 11-2-45
Judges of election appointed--Election costs and supplies
Status: in_force

The board shall appoint three judges, who shall elect one of their members as superintendent and who shall conduct the election. The board shall provide the costs and supplies of the election.

Source: SL 1977, ch 104, § 15; SL 2000, ch 69, § 49.
S.D. Codified Laws § 11-8-2 — SD Code / Title 11 / Chapter 8 / Section 11-8-2
"Slum area" defined
Status: in_force

Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "slum area" shall mean an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors as are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals, or welfare.

Source: SL 1966, ch 149, § 2 (8).
S.D. Codified Laws § 11-2-42 — SD Code / Title 11 / Chapter 2 / Section 11-2-42
Order declaring territory a special zoning area with voters' assent--Notice of election
Status: in_force

If a petition has been presented to the board as provided in § 11-2-41 and if the board is satisfied that the requirements of this chapter have been fully complied with, it shall make an order declaring that the territory shall, with the assent of the qualified voters thereof, be a special zoning area or number specified in the application. The board shall include in the order a notice for an election of the qualified voters resident in the proposed special zoning area, at a convenient place or places therein, on some day within one month from the notice, to determine whether the territory shall become a special zoning area.

Source: SL 1977, ch 104, § 12; SL 2000, ch 69, § 47; SL 2006, ch 63, § 6; SL 2011, ch 69, § 6.
S.D. Codified Laws § 11-10-13 — SD Code / Title 11 / Chapter 10 / Section 11-10-13
Commission of building codes--Establishment--Membership
Status: in_force

Beginning in the year 2024, and every three years thereafter, the Board of Technical Professions created under § 36-18A-14 shall convene a workgroup to review the latest edition of the model national codes referenced in this chapter. The workgroup shall consist of two local building code officials, one person engaged in the business of constructing multi-family housing, one person engaged in the business of constructing single-family housing, one person engaged in the business of constructing commercial buildings, one licensed architect, and one licensed professional engineer. The workgroup shall identify any significant revisions to the current edition of each model code and evaluate the impact of the revisions on quality, safety, and cost of construction in the state. The workgroup may recommend amendments to this chapter, including updates to the current edition of any model code referenced in this chapter and alternatives and exceptions to such codes. The workgroup shall report its findings and recommendations to the Board of Technical Professions within six months from the date of the workgroup’s first meeting, and the Board shall publish the report on its website. The workgroup shall dissolve and cease to exist upon the completion of its report to the Board.

Source: SL 2022, ch 35, § 4.
S.D. Codified Laws § 11-11-117 — SD Code / Title 11 / Chapter 11 / Section 11-11-117
Construction to be substantially completed, or final insurance or guarantee certificate issued before loan disbursed
Status: in_force

The authority may not disburse a loan for the acquisition of a homeownership housing unit until construction is substantially complete or the final insurance or guarantee certificate has been issued.

Source: SL 1980, ch 204, § 17; SDCL Supp, § 28-19-102.6; SL 1981, ch 221, § 4; SL 1995, ch 80, § 17.
S.D. Codified Laws § 11-6-28 — SD Code / Title 11 / Chapter 6 / Section 11-6-28
Streets and utilities covered by subdivision regulations--Provision for tentative approval of plats
Status: in_force

Subdivision regulations may include requirements as to the extent to which and the manner in which the streets of the subdivision shall be graded and improved, and water, sewer, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the subdivision. The regulations may provide for the tentative approval of the plat previous to such improvements and installation; but any such tentative approval shall not be entered on the plat.

Source: SL 1949, ch 198, § 12; SDC Supp 1960, § 45.3312; SL 1966, ch 145.
S.D. Codified Laws § 11-4-14 — SD Code / Title 11 / Chapter 4 / Section 11-4-14
Appointment and terms of board of adjustment other than commission--Removal--Vacancies--Alternates
Status: in_force

A board of adjustment, other than the planning and zoning commission acting as a board of adjustment, consists of five members, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The appointing authority may also appoint a first alternate and a second alternate for a term of three years each. If a member is unable to attend a meeting, the first alternate, or second alternate, in turn, shall serve in the member's place.

Source: SDC 1939, § 45.2607; SL 1975, ch 114, § 6; SL 1984, ch 105; SL 2000, ch 69, § 61.
S.D. Codified Laws § 11-11-124 — SD Code / Title 11 / Chapter 11 / Section 11-11-124
Eligibility of obligations purchased from mortgage lenders for purchase or purchase commitment--Criteria
Status: in_force

No obligation purchased from a mortgage lender, other than an obligation purchased from or guaranteed by an agency or instrumentality of the United States government, shall be eligible for purchase or commitment to purchase by the authority under § 11-11-119 unless at or before the time of transfer thereof to the authority such mortgage lender certifies:

(1) That in its judgment the loan would in all respects be a prudent investment for its own account; and

(2) That the mortgage loans transferred to the authority are for residential housing within South Dakota; or

(3) That the proceeds of sale or its equivalent shall be reinvested in residential mortgages within the State of South Dakota, or invested in short - term obligations pending the purchase of such residential mortgages.

Source: SL 1973, ch 180, § 20 (1); SDCL Supp, § 28-19-107; SL 1974, ch 195, § 5; SL 1983, ch 106, § 4U.
S.D. Codified Laws § 11-4-18 — SD Code / Title 11 / Chapter 4 / Section 11-4-18
Rules of board of adjustment
Status: in_force

The board of adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter.

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2607.
S.D. Codified Laws § 11-7-106 — SD Code / Title 11 / Chapter 7 / Section 11-7-106
Commission accounts and annual report to auditor-general and governing body
Status: in_force

Each commission shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually in the month of January make a report thereof to the auditor - general, and to the governing body of the municipality or the county as applicable, such reports to be in a form prescribed by the auditor - general.

Source: SL 1950 (SS), ch 13, § 8; SDC Supp 1960, § 45.3608 (1); SL 1968, ch 186, § 6.
S.D. Codified Laws § 11-11-83 — SD Code / Title 11 / Chapter 11 / Section 11-11-83
Appointment of trustee by bondholders after authority default
Status: in_force

If the authority defaults in the payment of principal or of interest on any bonds issued under this chapter after the bonds become due, whether at maturity or upon call for redemption, and such default continues for a period of thirty days, or if the authority fails or refuses to comply with the provisions of this chapter, or defaults in any agreement made with the holders of an issue of bonds of the authority, the holders of twenty-five percent in aggregate principal amount of the bonds of such issue then outstanding, by instruments filed in the Office of the Secretary of State and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds for the purposes provided in § 11-11-84 .

Source: SL 1973, ch 180, § 44; SDCL Supp, § 28-19-74; SL 2012, ch 78, § 46.
S.D. Codified Laws § 11-2-20.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-20.1
Coordinating comprehensive plan with federal resource management plans
Status: in_force

The board of county commissioners of a county which has officially adopted a comprehensive plan pursuant to § 11-2-20 may participate in efforts to coordinate the comprehensive plan with federal regional forest or other resource management plans as provided in the Federal Land Policy and Management Act of 1976 and federal regulations adopted pursuant to that act, including Title 36, Part 219 of the Code of Federal Regulations and Title 43, Subparts 1601 and 1610 of the Code of Federal Regulations.

Source: SL 1994, ch 106.
S.D. Codified Laws § 11-8-30 — SD Code / Title 11 / Chapter 8 / Section 11-8-30
Acceptance of loans and grants--Agreement to conditions of federal assistance
Status: in_force

Every municipality shall have the power to borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, county, or other public body, or from any sources, public or private, for the purposes of this chapter and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the federal government for or with respect to an urban renewal project and related activities such conditions imposed pursuant to federal laws as the municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter.

Source: SL 1966, ch 149, § 8 (6).
S.D. Codified Laws § 11-11-42 — SD Code / Title 11 / Chapter 11 / Section 11-11-42
Financing, reserves, and incidental costs included in amounts borrowed
Status: in_force

The authority may include in any borrowing such amounts as may be deemed necessary by the authority to establish reserves and to pay financing charges, interest on the obligations for a period not exceeding three years from their date, consultant advisory and legal fees, and such other expenses as are necessary or incident to such borrowing.

Source: SL 1973, ch 180, § 12 (18); SDCL Supp, § 28-19-38; SL 1974, ch 195, § 2; SL 2012, ch 78, § 23.
S.D. Codified Laws § 11-4-4.4 — SD Code / Title 11 / Chapter 4 / Section 11-4-4.4
Sign to notify public about petition and hearing on zoning change or conditional use permit
Status: in_force

If a landowner petitions a governing board of a municipality for a change in the zoning applied to the landowner's land or petitions a board for a conditional use permit and a local ordinance requires the landowner to post a sign to notify the public about the petition and the hearing on the petition, the sign must be at least twenty-four inches wide and eighteen inches tall with bold lettering to inform the public about the petition and hearing. This section does not preempt any requirement provided in any state law or municipal or county ordinance.

Source: SL 2016, ch 72, § 1.
S.D. Codified Laws § 11-2-57 — SD Code / Title 11 / Chapter 2 / Section 11-2-57
Public hearing of appeal--Notice
Status: in_force

The board of adjustment shall hold at least one public hearing of the appeal. Notice of the time and place shall be given at least ten days in advance by publication in a legal newspaper of the county, and due notice shall be given to the parties in interest. The board of adjustment shall decide the appeal within sixty days of receiving a notice of appeal. Any party may appear at the hearing in person or by agent or by attorney.

Source: SL 2000, ch 69, § 27; SL 2020, ch 41, § 8.
S.D. Codified Laws § 11-4-15 — SD Code / Title 11 / Chapter 4 / Section 11-4-15
Meetings of board of adjustment--Administration of oaths and attendance of witnesses
Status: in_force

Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. Such chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of such board shall be open to the public.

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2607.
S.D. Codified Laws § 11-4-29 — SD Code / Title 11 / Chapter 4 / Section 11-4-29
Disposition by court on certiorari--Costs
Status: in_force

The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the board of adjustment unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2608.
S.D. Codified Laws § 11-7-64 — SD Code / Title 11 / Chapter 7 / Section 11-7-64
Welfare recipients considered for admission to housing projects
Status: in_force

In admitting families of low income to dwelling accommodations in any housing project a commission shall, as far as is reasonably practicable, give due consideration to families making application for dwelling accommodations to which temporary assistance for needy families is payable, and to resident families making such application to whom public relief, old - age assistance, or aid to the blind shall be payable, when such families are otherwise eligible under the terms of this chapter.

Source: SL 1950 (SS), ch 13, § 15; SDC Supp 1960, § 45.3615.
S.D. Codified Laws § 11-7A-2 — SD Code / Title 11 / Chapter 7A / Section 11-7A-2
Municipal powers in implementation of certain public projects
Status: in_force

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of any projects of commissions located within the limits of a municipality, that municipality or any other state public body may, upon such terms, with or without consideration, as it may determine:

(1) Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein to a commission;

(2) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with such projects;

(3) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;

(4) Approve redevelopment plans as defined in the municipal housing and redevelopment law, plan or replan, zone or rezone parts of such municipality; make exceptions from building regulations and ordinances; and make changes in its boundaries;

(5) Cause services to be furnished to the commission of the character which such municipality or any other state public body is otherwise empowered to furnish;

(6) Enter into agreements with respect to the exercise by such municipality or any other state public body of its powers relating to the repair, closing or demolition of unsafe, insanitary or unfit buildings;

(7) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with a commission respecting action to be taken by such municipality or any other state public body pursuant to any of the powers granted by this section;

(8) In the case of a housing development project, as defined in subdivision 11-7-1(7A), make loans or contributions to that project, including its financing and the costs associated therewith, or enter into agreements to do so in the future, provided that each such loan or contribution made from otherwise unappropriated, unbudgeted, and unexpended generally available funds and is contingent upon the express authorization and appropriation to the project by the governing body of the municipality or other state public body, in its discretion, in the year in which actually made.

Any sale, conveyance, lease or agreement provided for under this section may be made by a municipality or any other state public body without appraisal, public notice, advertisement, or public bidding, notwithstanding any other laws to the contrary.

Source: SL 1950 (SS), ch 14, § 3; SDC Supp 1960, § 45.3703; SDCL, § 9-37-2; SL 1996, ch 93, § 3.
S.D. Codified Laws § 11-5-11 — SD Code / Title 11 / Chapter 5 / Section 11-5-11
Modification of a restrictive covenant--Two-thirds vote
Status: in_force

If a declaration or contract in writing, as provided in § 11-5-2 , fails to provide a provision permitting a modification to the declaration or contract, a vote of two-thirds of the owners of real property governed by the declaration or contract is required to modify the declaration or contract.

Source: SL 2024, ch 44, § 1.
S.D. Codified Laws § 11-7-108 — SD Code / Title 11 / Chapter 7 / Section 11-7-108
Enforcement of compliance with chapter and rules and regulations
Status: in_force

Compliance with this chapter and the rules and regulations adopted by the auditor - general may be enforced by the attorney general by writ of mandamus or other appropriate proceedings.

Source: SL 1950 (SS), ch 13, § 8; SDC Supp 1960, § 45.3608 (2).
S.D. Codified Laws § 11-7-28 — SD Code / Title 11 / Chapter 7 / Section 11-7-28
Acceptance of grants and loans--Power to make loans
Status: in_force

A commission shall have further power to borrow and loan money or other property and accept contributions, grants, gifts, services, or other assistance from the federal government, state public bodies, or from any other public or private sources. A commission shall not have the power to loan money when available from private sources.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (3); SDC Supp 1960, § 45.3607 (3) (c); SL 1975, ch 118, § 2.
S.D. Codified Laws § 11-7-14 — SD Code / Title 11 / Chapter 7 / Section 11-7-14
Removal of commissioner from office--Notice and hearing--Suspension pending final action--Record of proceedings
Status: in_force

For inefficiency or neglect of duty, or misconduct in office, a commissioner may be removed by the governing body of the municipality or the county as applicable, but a commissioner shall be removed only after a hearing and after he shall have been given a copy of the charges at least ten days prior to the hearing and had an opportunity to be heard in person or by counsel. When charges in writing have been preferred against a commissioner, pending final action thereon, the governing body may temporarily suspend him, but, if it is found that those charges have not been substantiated, he shall immediately be reinstated in his office. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk.

Source: SL 1950 (SS), ch 13, § 5; SDC Supp 1960, § 45.3605; SL 1968, ch 186, § 4.
S.D. Codified Laws § 11-7A-3 — SD Code / Title 11 / Chapter 7A / Section 11-7A-3
Restrictions on municipal financing of redevelopment and housing projects--Sources of funds used
Status: in_force

Except as provided in § 11-7A-2 , no municipality may use any revenues or money of the municipality to pay the bonds of or make any loans or contributions to any redevelopment or housing project, except that this proviso is not applicable to any project for which financial assistance is provided by the federal government or any agency or instrumentality thereof which requires an outlay of money on the part of the municipality for a loan or grant to such project as a condition of the federal financial assistance, in which case a loan or grant, as required, may be made by the municipality to a commission located within the municipality, provided that such moneys as are loaned or granted under the provisions of this section shall be otherwise unappropriated, unbudgeted, and unexpended funds in the general fund or money derived from the sale by the municipality of general obligation bonds, such sale to be subject to the limitations of and in the manner and after authorization as provided by law.

Source: SL 1950 (SS), ch 14, § 4; SDC Supp 1960, § 45.3704; SDCL, § 9-37-3; SL 1996, ch 93, § 4.
S.D. Codified Laws § 11-10-8 — SD Code / Title 11 / Chapter 10 / Section 11-10-8
Disclosure of information regarding energy efficiency of residential building to buyer or prospective buyer--Time for providing form
Status: in_force

Except as provided by § 11-10-9 , any person building or selling a previously unoccupied new residential building which is a single-family or multifamily unit of four units or less shall disclose to the buyer or prospective buyer information regarding the energy efficiency of the residential building. The completed disclosure form shall be provided prior to the signing of the contract to purchase and prior to closing if changes have occurred or are requested, and at any other time upon request. For new residential buildings that are completed and suitable for occupancy but unsold, the completed disclosure form shall be made available to the buyer or prospective buyer by the builder or seller when the residence is shown and at any other time upon request. The disclosure shall be made on a form prepared and disseminated by the South Dakota Real Estate Commission.

Source: SL 2009, ch 63, § 2.
S.D. Codified Laws § 11-9-22 — SD Code / Title 11 / Chapter 9 / Section 11-9-22
Presumption as to property recently acquired or leased by municipality
Status: in_force

There is a rebuttable presumption that any property within a district acquired or leased as lessee by a municipality, or any agency or instrumentality of the municipality, within one year immediately preceding the date of the creation of the district was acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the municipality with proof that the real property was leased or acquired primarily for a purpose other than to reduce the tax increment base. If the presumption is not rebutted, for purposes of determining the tax increment base of the district, the taxable status of the real property is determined as though the lease or acquisition had not occurred.

Source: SL 1978, ch 91, § 13; SL 2018, ch 70, § 24.
S.D. Codified Laws § 11-14-13 — SD Code / Title 11 / Chapter 14 / Section 11-14-13
Findings of fact as conclusive on court--Objections not urged before board
Status: in_force

The findings of fact by the board of appeals, if supported by substantial evidence, shall be accepted by the circuit court as conclusive, and no objection to a decision of the board shall be considered by the court unless such objections shall have been urged before the board, or, if it was not so urged, unless there were reasonable grounds for failure to do so.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (4); SDCL § 50-10-25 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-9-1 — SD Code / Title 11 / Chapter 9 / Section 11-9-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Department," the Department of Revenue;

(2) "District," a tax increment financing district in a contiguous geographic area within a political subdivision, which is defined and created by resolution of the governing body, provided that parcels that are not otherwise adjacent are not contiguous based solely on the existence of an easement, right-of-way, transportation corridor, or waterway connecting the parcels, unless the parcels are:

(a) Separated only by the easement, right-of-way, transportation corridor, or waterway; and

(b) Located directly opposite one another;

(3) "Governing body," a board of commissioners, board of trustees, common council, or other authoritative body by which a political subdivision is controlled;

(4) "Grant," the transfer of money or property to a transferee for a governmental purpose that is not a related party to or an agent of the political subdivision;

(5) "Planning commission," a planning commission created under chapter 11-2 or 11-6 , a planning committee of a political subdivision that does not have a planning commission, or the governing body of a political subdivision that does not have a planning commission or planning committee;

(6) "Political subdivision," a municipality, as defined in § 11-6-1 , or county of this state;

(7) "Project plan," an approved plan for the development or redevelopment of a district and all approved amendments to the plan;

(8) "Taxable property," all real and personal taxable property located in a district; and

(9) "Tax increment valuation," the total value of the district minus the tax increment base as determined pursuant to § 11-9-19 .

Source: SL 1978, ch 91, § 1; SL 1991, ch 114, § 1; SL 1992, ch 60, § 2; SL 1996, ch 69, § 16; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2011, ch 73, § 1; SL 2018, ch 70, § 7; SL 2024, ch 45, § 1; SL 2026, ch 58, § 3.
S.D. Codified Laws § 11-3-12.2 — SD Code / Title 11 / Chapter 3 / Section 11-3-12.2
Promulgation of rules for approval of access to state highways
Status: in_force

The Transportation Commission may adopt rules, pursuant to chapter 1-26 , governing the following elements in granting written approval for access to state highways as provided for in §§ 11 - 3-12.1 and 31-24-6 :

(1) Access location, width, and spacing;

(2) Signal spacing;

(3) Median design;

(4) Access application process;

(5) Access construction standards; and

(6) Safety.

Nothing in the rules promulgated pursuant to this section supersedes county or municipal planning and zoning authority.

Source: SL 2000, ch 70, § 1.
S.D. Codified Laws § 11-9-12 — SD Code / Title 11 / Chapter 9 / Section 11-9-12
Determination of tax increment base on creation of district or amendment of plan
Status: in_force

On the creation of a district or adoption of any amendment subject to § 11-9-23 , the tax increment base of the district shall be determined as provided in §§ 11-9-20 to 11-9-25 , inclusive.

Source: SL 1978, ch 91, § 10; SL 2018, ch 70, § 15.
S.D. Codified Laws § 11-10-7 — SD Code / Title 11 / Chapter 10 / Section 11-10-7
Energy conservation code adopted as voluntary standard for new residential buildings
Status: in_force

The State of South Dakota hereby adopts the International Energy Conservation Code of 2009, published by the International Code Council, as the voluntary standard applying to the construction of new residential buildings in the state.

Source: SL 2009, ch 63, § 1; SL 2011, ch 72, § 5.
S.D. Codified Laws § 11-11-5 — SD Code / Title 11 / Chapter 11 / Section 11-11-5
11-11-5. Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Authority," the South Dakota Housing Development Authority;

(2) "Bonds," any bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness issued by the authority pursuant to this chapter;

(2A) "Day-care facilities," a specific work or improvement within this state undertaken primarily to provide facilities for the short-term care and supervision, including day care, adult day care, and respite care, of children, physically or mentally impaired adults, and aged adults, including the acquisition, construction, or rehabilitation of land, buildings, and improvements thereto, and such other facilities as may be incidental or appurtenant thereto;

(3) "Federal mortgage," a mortgage loan for land development or residential housing made by the United States or an agency or instrumentality thereof or a commitment by the United States or an agency or instrumentality thereof to make such a mortgage loan;

(4) "Federally insured mortgage," a mortgage loan for land development or residential housing insured or guaranteed by the United States or an agency or instrumentality thereof, or a commitment by the United States or an agency or instrumentality thereof to insure such a mortgage;

(5) "Governmental agency" or " instrumentality," any department, division, public corporation, public agency, political subdivision, or other public instrumentality of the state, the federal government, any other state or public agency, or any two or more thereof;

(6) "Land development," the process of acquiring land primarily for residential housing construction and making, installing or constructing nonresidential housing improvements, including water, sewer, and other utilities, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and other installations or works, whether on or off the site, which the authority deems necessary or desirable to prepare such land primarily for residential housing construction within this state;

(7) "Mortgage," a mortgage deed, deed of trust, or other instrument which shall constitute a lien on real property in fee simple or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, which does not expire for at least that number of years beyond the maturity date of the obligation secured by such mortgage as is equal to the number of years remaining until the maturity date of such obligation;

(8) "Mortgage lender," any bank or trust company, federal national mortgage association approved mortgage banker, savings bank, industrial bank, credit union, national or state banking association, federal or state savings and loan association, insurance company or other financial institutions or governmental entities which customarily provide service or otherwise aid in the financing of mortgages on residential housing located in the state;

(9) "Mortgage loan," an obligation, with or without interest, secured by either a mortgage or note or bond constituting a lien on land and improvements in the state constituting a housing development or housing project;

(10) "Multifamily residential housing," residential rental housing consisting of two or more dwelling units, and also specifically including congregate housing and assisted living facilities;

(11) "Municipality," any city, town, county, or other political subdivision of this state;

(12) "Real property," all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms of years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens;

(13) "Residential housing," a specific work or improvement within this state whether in single family or multifamily units undertaken primarily to provide dwelling accommodations including the acquisition, construction, or rehabilitation of land, buildings, and improvements thereto, and such other nonhousing facilities as may be incidental or appurtenant thereto, and also including day-care facilities;

(14) "Single family residential housing," residential housing consisting of not more than four dwelling units, all of which are contained in one structure and one of which is to be occupied by the owner; and

(15) "State," the State of South Dakota.

Source: SL 1973, ch 180, § 2; SDCL Supp, § 28-19-5; SL 1974, ch 195, § 7; SL 1983, ch 106, § 4E; SL 1995, ch 80, § 10; SL 2012, ch 78, § 1.
S.D. Codified Laws § 11-7-7.1 — SD Code / Title 11 / Chapter 7 / Section 11-7-7.1
Joint agreements between municipal and county commissions
Status: in_force

Housing and redevelopment commissions of municipalities and counties activated hereunder may jointly agree to exercise any or all powers conferred upon them individually and such joint agreements may be executed without the necessity of further notice or hearing.

Source: SL 1972, ch 74, § 1.
S.D. Codified Laws § 11-6-40 — SD Code / Title 11 / Chapter 6 / Section 11-6-40
Platting of certain land required
Status: in_force

Any municipality with a population of fifty thousand or more or any municipality located in a county with a population of fifty thousand or more, if such municipality has adopted a comprehensive plan pursuant to this chapter, the municipality may require by ordinance that any parcel of land of less than forty acres which is located within three miles of its corporate limits, be platted prior to the sale or transfer of the land. The register of deeds may not record any document of any sale or transfer of unplatted property if a municipality requires platting pursuant to this section.

Source: SL 1990, ch 102; SL 2003, ch 77, § 8.
S.D. Codified Laws § 11-14-16 — SD Code / Title 11 / Chapter 14 / Section 11-14-16
Acquisition of property by purchase, grant, or condemnation
Status: in_force

In any case in which:

(1) It is desired to remove, lower, or otherwise terminate a nonconforming use;

(2) The approach protection necessary according to the airport layout plan cannot, because of constitutional limitations, be provided by airport zoning regulations under chapter 50-10 ; or

(3) It appears advisable that the necessary approach protection be provided by acquisition of property rights;

Source: SL 1943, ch 2, § 9; SDC Supp 1960, § 2.0516; SL 2010, ch 227, § 65; SL 2014, ch 222, § 76; SDCL § 50-10-28 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-11-66 — SD Code / Title 11 / Chapter 11 / Section 11-11-66
Pledge binding when made--Attachment of lien
Status: in_force

Any pledge made by the authority shall be valid and binding from the time when the pledge is made. The revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof.

Source: SL 1973, ch 180, § 31; SDCL Supp, § 28-19-57.
S.D. Codified Laws § 11-7-33 — SD Code / Title 11 / Chapter 7 / Section 11-7-33
Power to establish income standards for admission to housing projects
Status: in_force

A commission shall have further power to establish and revise from time to time the maximum amount of income of tenants entitled to admission to housing projects of a commission, subject to the qualifications contained in this chapter.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (8); SDC Supp 1960, § 45.3607 (3) (h).
S.D. Codified Laws § 11-8-71 — SD Code / Title 11 / Chapter 8 / Section 11-8-71
Bonds not subject to debt limitation
Status: in_force

Bonds issued under § 11-8-66 shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

Source: SL 1966, ch 149, § 11; SL 1984, ch 43, § 102A.
S.D. Codified Laws § 11-11-93 — SD Code / Title 11 / Chapter 11 / Section 11-11-93
State pledge to bondholders
Status: in_force

The state hereby pledges to and agrees with the holders of any bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the holders thereof or in any way impair the rights and remedies of the holders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The authority may include this pledge and agreement of the state in any agreement with the holders of the bonds.

Source: SL 1973, ch 180, § 45; SDCL Supp, § 28-19-84; SL 2012, ch 78, § 56.
S.D. Codified Laws § 11-11-148 — SD Code / Title 11 / Chapter 11 / Section 11-11-148
Loans restricted to sponsors meeting statutory definition
Status: in_force

No application for a loan for a housing development shall be processed unless the applicant is a housing sponsor as defined in § 11-11-7 .

Source: SL 1973, ch 180, § 19 (1); SDCL Supp, § 28-19-126.
S.D. Codified Laws § 11-4-7 — SD Code / Title 11 / Chapter 4 / Section 11-4-7
Proceedings by municipal authorities to prevent violation of regulations
Status: in_force

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

Source: SL 1927, ch 176, § 8; SDC 1939, § 45.2609.
S.D. Codified Laws § 11-7-90 — SD Code / Title 11 / Chapter 7 / Section 11-7-90
Commission power to issue bonds and obligations--Housing projects and redevelopment projects kept separate
Status: in_force

A commission may issue its bonds or other obligations in the manner provided in §§ 11-7-92 to 11-7-101 , inclusive; provided, however, that none of the proceeds of such bonds for redevelopment projects and no proceeds or revenues from any redevelopment project shall be used to pay the bonds or costs of or make contributions or loans to any low - rent housing project, nor shall the proceeds, revenues, or proceeds of bonds of any housing project be used to pay the bonds, costs of, or make contributions or loans to any redevelopment project.

Source: SL 1950 (SS), ch 13, § 20, subdiv 4; SDC Supp 1960, § 45.3620 (4).
S.D. Codified Laws § 11-2-5 — SD Code / Title 11 / Chapter 2 / Section 11-2-5
Joint planning by counties--Sharing of expenses--Objectives of joint planning
Status: in_force

The boards of two or more county commissioners may direct their planning commissions to plan jointly. Expenses incurred in connection with joint planning, including but not limited to contracted services, shall be shared equitably among the counties involved. Encouraging regional economic development, including but not limited to the creation of compatible controls in neighboring counties, shall be the objective of joint planning.

Source: SL 1941, ch 216, § 4; SDC Supp 1960, § 12.20A04; SL 1967, ch 20, § 2.
S.D. Codified Laws § 11-7-56 — SD Code / Title 11 / Chapter 7 / Section 11-7-56
Purchase or lease of existing buildings in lieu of new construction for housing project
Status: in_force

In order to conserve the existing housing supply, a commission is authorized to purchase or lease or otherwise acquire existing buildings for low - rent housing whenever this is feasible, in lieu of new construction. All provisions of this chapter relating to other low - rent housing projects shall be applicable to such projects.

Source: SL 1950 (SS), ch 13, § 17; SDC Supp 1960, § 45.3617.
S.D. Codified Laws § 11-2-53 — SD Code / Title 11 / Chapter 2 / Section 11-2-53
Board of adjustment--Powers
Status: in_force

The board of adjustment may:

(1) Hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant to this chapter;

(2) Authorize upon appeal in specific cases a variance from the terms of the ordinance that is not contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance is observed and substantial justice done; and

(3) Hear and determine conditional uses as authorized by the zoning ordinance. The uses shall be determined by an affirmative majority vote of the present and voting members of the board of adjustment.

Source: SL 2000, ch 69, § 23; SL 2003, ch 78, § 2; SL 2004, ch 101, § 2; SL 2015, ch 72, § 3; SL 2020, ch 41, § 6.
S.D. Codified Laws § 11-2-48 — SD Code / Title 11 / Chapter 2 / Section 11-2-48
County funds authorized for payment of costs
Status: in_force

The board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of the holding of elections on the establishment or enlargement of special zoning areas under the provisions of this chapter.

Source: SL 1977, ch 104, § 18; SL 2000, ch 69, § 52; SL 2011, ch 69, § 11.
S.D. Codified Laws § 11-11-72 — SD Code / Title 11 / Chapter 11 / Section 11-11-72
Valuation of securities held by capital reserve funds
Status: in_force

In computing the amount of the capital reserve funds for the purpose of §§ 11-11-71 to 11-11-75 , inclusive, securities in which all or a portion of such funds shall be invested shall be valued at par or if purchased at less than par, at their cost to the authority.

Source: SL 1973, ch 180, § 38; SDCL Supp, § 28-19-63.
S.D. Codified Laws § 11-7-82 — SD Code / Title 11 / Chapter 7 / Section 11-7-82
Terms of lease or sale of redevelopment property--Development to be carried out by lessee or purchaser--Security provisions--Rental charges to tenants
Status: in_force

Any lease or sale of real property in a redevelopment project area may be made without public bidding. The terms of any such lease shall be fixed by the commission, and the instrument of lease may provide for renewals upon reappraisals and with rentals and other provisions adjusted to such reappraisals. The instrument of lease or sale shall provide that the lessee or purchaser shall carry out or cause to be carried out the approved project area redevelopment plan or approved modifications thereof and that no use shall be made of any land or real property included in the lease or sale nor any building or structure erected thereon which does not conform to such approved plan or approved modifications thereof. In the instrument, or instruments, of lease or sale the commission may include such other terms, conditions, and provisions as in its judgment will provide reasonable assurance of the priority of the obligations of the lease or sale over any other obligations of the lessee or purchaser; and assurance of the financial and legal ability of the lessee or purchaser to carry out the terms and conditions of the lease or sale and to begin the building of any improvements within a period of time which the commission fixes as reasonable. The commission may also include such terms, conditions, and specifications concerning buildings, improvements, subleases, or tenancies, maintenance and management, and any other related matters as in its judgment, are necessary to carry out the purposes of this chapter, including provisions whereby the obligations to carry out and conform to the redevelopment plan shall run with the land. In the event that maximum rentals to be charged to tenants of housing be specified, provision may be made for periodic reconsideration of such rental bases, with a view to proposing modification of the redevelopment plan with respect to such rentals.

Source: SL 1950 (SS), ch 13, § 19, subdiv 2; SDC Supp 1960, § 45.3619 (2).
S.D. Codified Laws § 11-11-97 — SD Code / Title 11 / Chapter 11 / Section 11-11-97
Bonds as legal investments for financial institutions and fiduciaries
Status: in_force

The state and all counties, municipalities, villages, and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, and all personal representatives, guardians, trustees, and other fiduciaries may legally invest any debt service funds, moneys or other funds belonging to them or within their control in any bonds issued pursuant to this chapter. The bonds may be deposited or segregated in lieu of surety bonds to secure deposits of any public funds, as provided in § 4-6A-3 and any other law relating to the securing of public deposits.

Source: SL 1973, ch 180, § 47; SDCL Supp, § 28-19-88; SL 1974, ch 195, § 8; SL 1992, ch 60, § 2; SL 2012, ch 78, § 59.
S.D. Codified Laws § 11-4-16 — SD Code / Title 11 / Chapter 4 / Section 11-4-16
Minutes and records of board of adjustment--Destruction of records
Status: in_force

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. However, the board of adjustment may destroy any record which the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2607; SL 1981, ch 45, § 13.
S.D. Codified Laws § 11-7-87 — SD Code / Title 11 / Chapter 7 / Section 11-7-87
Estimate of costs and proceeds of redevelopment projects--Sufficiency of proceeds and public grants required--Capitalization of estimated revenues
Status: in_force

The cost of a redevelopment project, including administrative expense of the commission allocable to the project and debt charges, shall be known as the public redevelopment cost. The proceeds from the operation, sale, or lease of property in a redevelopment area shall be known as the capital proceeds. It shall be incumbent upon any commission, before engaging in any redevelopment project, to ascertain that federal or state public body grants or other financial assistance shall be sufficient when added to the capital proceeds, to at least equal the public redevelopment cost, provided, however, that the estimated revenues of prospective operations, leases, and sales may be capitalized and a bonded indebtedness assumed thereon, the proceeds of which may be entered into the computation in lieu of actual operation, sale or lease of the property.

Source: SL 1950 (SS), ch 13, § 20, subdiv 1; SDC Supp 1960, § 45.3620 (1).
S.D. Codified Laws § 11-9-5 — SD Code / Title 11 / Chapter 9 / Section 11-9-5
Creation of district--Governing body resolution--Contents
Status: in_force

To create a district, the governing body must adopt a resolution that:

(1) Describes the boundaries of the district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included;

(2) Creates the district on a given date;

(3) Includes a finding that the assessed value of the taxable property in the district plus the tax increment base of all other existing districts does not exceed:

(a) For a district created by a first class municipality, seven and one-half percent of the total assessed value of all taxable property in the political subdivision; and

(b) For all other classes, ten percent of the total assessed value of all taxable property in the political subdivision;

(4) Assigns a name to the district for identification purposes. The first district created in each political subdivision must be known as "Tax Increment Financing District Number One, City (or Town, or County) of __________." Each subsequently created district must be assigned the next consecutive number; and

(5) Demonstrates that the district has been reviewed by all affected taxing districts at a public meeting held pursuant to chapter 1-25 , provided that the affected taxing districts may provide input but do not have authority to approve or reject the creation of the district.

Source: SL 1978, ch 91, § 7 (3); SL 2018, ch 70, § 11; SL 2024, ch 45, § 4; SL 2026, ch 58, § 5.
S.D. Codified Laws § 11-12-1 — SD Code / Title 11 / Chapter 12 / Section 11-12-1
11-12-1. Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Adult arcade," any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms;

(2) "Adult bookstore or video store," a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:

(a) Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides, or other visual representations that depict or describe specific sexual activities or specific anatomical areas;

(b) Instruments, devices, or paraphernalia that are designed for use in connection with specific sexual activities;

(3) "Adult cabaret," any nightclub, bar, restaurant, or other similar commercial establishment that regularly features:

(a) Persons who appear in a state of nudity or seminudity;

(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities;

(c) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas;

(4) "Adult motion picture theater," a commercial establishment in which, for any form of consideration, films, motion pictures, videocassettes, slides, or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown;

(5) "Adult oriented business," any adult arcade, adult bookstore or video store, cabaret, adult live entertainment establishment, adult motion picture theater, adult theater, massage establishment that offers adult service, or nude model studios;

(6) "Adult service," dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening, or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service;

(7) "Adult theater," a theater, concert hall, auditorium, or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities;

(8) "Massage establishment," an establishment in which a person, firm, association, or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This subdivision does not apply to:

(a) Physicians who are licensed pursuant to chapter 36-4 or a podiatrist licensed pursuant to chapter 36-8 ;

(b) Registered nurses or licensed practical nurses who are licensed pursuant to chapter 36-9 ;

(c) Physician assistants who are licensed pursuant to chapter 36-4A or certified nurse practitioners and certified nurse midwives who are licensed pursuant to chapter 36-9A ;

(d) Physical therapists licensed pursuant to chapter 36-10 ;

(e) Athletic trainers licensed pursuant to chapter 36-29 ;

(f) Massage therapists licensed pursuant to chapter 36-35 ;

(g) Chiropractors licensed pursuant to chapter 36-5 ;

(9) "Nude model studio," a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by other persons who pay money or other consideration. The term, nude model studio, does not include a proprietary school that is licensed by this state, a college, or a university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college or university that is supported entirely or in part by taxation or a structure to which the following apply:

(a) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing;

(b) A student must enroll at least three days in advance of a class in order to participate; and

(c) No more than one nude or seminude model is on the premises at any time;

(10) "Nude," "nudity," or "state of nudity," any of the following:

(a) The appearance of a human anus, genitals, or a female breast below a point immediately above the top of the areola;

(b) A state of dress that fails to opaquely cover a human anus, genitals, or a female breast below a point immediately above the top of the areola;

(11) "Place of worship," a structure where persons regularly assemble for worship, ceremonies, rituals, and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs, or architectural or other features;

(12) "Residence," a permanent dwelling place;

(13) "Seminude," a state of dress in which clothing covers no more than the genitals, pubic region, and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices;

(14) "Specific anatomical areas," any of the following:

(a) A human anus, genitals, the pubic region, or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered;

(b) Male genitals in a discernibly turgid state even if completely and opaquely covered;

(15) "Specific sexual activities," any of the following:

(a) Human genitals in a state of sexual stimulation or arousal;

(b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation, or sodomy;

(c) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breast; or

(d) Excretory functions as part of or in connection with any of the activities under subsection (a), (b), or (c) of this subdivision.

Source: SL 2008, ch 61, § 6.
S.D. Codified Laws § 11-7-5 — SD Code / Title 11 / Chapter 7 / Section 11-7-5
"Redevelopment project" defined
Status: in_force

Unless the context clearly indicates otherwise, for the purpose of this chapter, "redevelopment project" shall mean any work or undertaking:

(1) To acquire slum areas or blighted areas, as defined in §§ 11-7-2 and 11-7-3 , including lands, structures, or improvements, the acquisition of which is necessary in order to assure the proper clearance and redevelopment of the entire area and to prevent the spread or recurrence of slum conditions thereby protecting the public health, safety, morals, or welfare;

(2) To clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; and

(3) To sell, lease, or otherwise make available land so acquired for uses in accordance with the redevelopment plan.

The term "redevelopment project" also may include the preparation of a redevelopment plan and the initiation, planning, survey, and other work incident to a redevelopment project and also the preparation of all plans and arrangements for carrying out a redevelopment project.

Source: SL 1950 (SS), ch 13, § 2; SDC Supp 1960, § 45.3602 (12).
S.D. Codified Laws § 11-11-76 — SD Code / Title 11 / Chapter 11 / Section 11-11-76
Annual budget estimate for restoration of capital reserve fund--Governor's budget--Deposit of appropriated funds
Status: in_force

The chairman of the authority shall annually submit through the Bureau of Finance and Management to the Governor, in accordance with § 4-7-7 , a budget estimate stating the sum, if any, needed to restore the capital reserve fund to the maximum capital reserve fund requirement for such fund. If the chairman certifies a need to restore the capital reserve fund to its maximum requirement, the Governor shall submit a budget in accordance with § 4-7-9 including the sum required to restore the capital reserve fund to its maximum requirement. All sums appropriated and paid shall be deposited by the authority in the applicable capital reserve fund.

Source: SL 1973, ch 180, § 40; SDCL Supp, § 28-19-67; SL 1978, ch 214, § 1.
S.D. Codified Laws § 11-9-3 — SD Code / Title 11 / Chapter 9 / Section 11-9-3
Planning commission hearing on creation of district--Notice
Status: in_force

The planning commission shall hold a hearing at which interested parties are afforded a reasonable opportunity to express views on the proposed creation of a district and the district's proposed boundaries. The planning commission shall publish notice of the hearing at least once, not fewer than ten nor more than thirty days before the date of the hearing, in a legal newspaper having a general circulation in the redevelopment area of the political subdivision. Before publication of the notice, the planning commission shall send a copy of the notice to the chief executive officer of each local governmental entity having the power to levy taxes on property located within the proposed district and to the school board of any school district that has property located within the proposed district by first class mail.

Source: SL 1978, ch 91, § 7 (1); SL 1982, ch 60, § 13; SL 2018, ch 70, § 9; SL 2024, ch 45, § 3.
S.D. Codified Laws § 11-11-114 — SD Code / Title 11 / Chapter 11 / Section 11-11-114
Confidentiality of applications and financial information
Status: in_force

All applications for a mortgage under the single - family homeownership program, and all financial statements, income statements, income tax returns, and other information, if any, required to accompany such applications under regulations of the authority shall be confidential, except for official purposes in the same manner and subject to the same penalty for unlawful disclosure as are provided for tax returns in §§ 10-1-28.1 to 10-1-28.9 , inclusive.

Source: SL 1980, ch 204, § 9; SDCL Supp, § 28-19-102.3; SL 1983, ch 106, § 4Q.
S.D. Codified Laws § 11-13-2 — SD Code / Title 11 / Chapter 13 / Section 11-13-2
South Dakota housing opportunity fund created
Status: in_force

There is hereby created the South Dakota housing opportunity fund to be administered by the South Dakota Housing Development Authority for the purpose of preserving and expanding sustainable, affordable, and safe housing that is targeted to low and moderate income families and individuals in South Dakota. The authority may accept and expend for the purposes of this chapter any funds obtained from appropriations or any other source. Any general funds appropriated to the housing opportunity program shall be transferred into the housing opportunity fund. Disbursement of funds to the authority shall be made after South Dakota housing opportunity funds have been obligated by the oversight commission created pursuant to § 11-13-8 . Interest earned on money in the fund shall be deposited into the fund.

Source: SL 2013, ch 7, § 13, eff. Mar. 20, 2013; SL 2018, ch 10, § 12.
S.D. Codified Laws § 11-6-41 — SD Code / Title 11 / Chapter 6 / Section 11-6-41
Sign to notify public about petition and hearing on zoning change or conditional use permit
Status: in_force

If a landowner petitions the commission for a change in the zoning applied to the landowner's land or petitions a board for a conditional use permit and a local ordinance requires the landowner to post a sign to notify the public about the petition and the hearing on the petition, the sign must be at least twenty-four inches wide and eighteen inches tall with bold lettering to inform the public about the petition and hearing. This section does not preempt any requirement provided in any state law or municipal or county ordinance.

Source: SL 2016, ch 72, § 2.
S.D. Codified Laws § 11-4-21 — SD Code / Title 11 / Chapter 4 / Section 11-4-21
Notice and hearing by board of adjustment--Hearing open to public
Status: in_force

The board of adjustment shall hold at least one public hearing of the appeal. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the municipality, and due notice shall be given to the parties in interest. The board shall decide the appeal within sixty days of receiving a notice of appeal. Any party may appear at the hearing in person or by agent or by attorney.

Source: SDC 1939, § 45.2607; SL 1999, ch 65, § 13; SL 2021, ch 55, § 8.
S.D. Codified Laws § 11-7-10 — SD Code / Title 11 / Chapter 7 / Section 11-7-10
Filing of resolution activating commission--Resolution conclusive as to powers of commission
Status: in_force

When the resolution becomes finally effective, the clerk of the municipality or the county auditor as applicable shall file such resolution in this office. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of a commission, the commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon such filing of the resolution, and proof of the resolution and of that filing may be made in any suit, action, or proceeding by a certificate of the clerk.

Source: SL 1950 (SS), ch 13, § 3, subdiv 3; SDC Supp 1960, § 45.3603 (3); SL 1968, ch 186, § 3 (3).
S.D. Codified Laws § 11-11-163 — SD Code / Title 11 / Chapter 11 / Section 11-11-163
Supervision of multifamily residential housing units and day-care facilities
Status: in_force

The authority, in the supervision of housing sponsors of multifamily residential housing units and day-care facilities and their real and personal property, may:

(1) Prescribe uniform systems of accounts and records for housing sponsors;

(2) Require housing sponsors to make reports and give answers to specific questions on such forms and at such times as may be prescribed by the authority;

(3) Examine all books and records with reference to capital structure, income, expenditures, and other payments of a housing sponsor;

(4) Pay to the authority such fees as the authority may prescribe in connection with the examination, inspection, supervision, auditing, or other regulation of the housing sponsor;

(5) Enter upon and inspect the lands, buildings, and equipment of a housing sponsor, including all parts thereof;

(6) Supervise the operation and maintenance of any such housing development or housing project and order such repairs as may be necessary to protect the public interest or the health, welfare, or safety of the occupants;

(7) Fix and alter from time to time a schedule of rents and charges for any such housing development; and

(8) Require any housing sponsor to pay to the authority such fees as it may prescribe in connection with the examination, inspection, supervision, auditing, or other regulation of the housing sponsor.

Source: SL 1973, ch 180, § 18 (1); SDCL Supp, § 28-19-141; SL 1995, ch 80, § 31; SL 2012, ch 78, § 106.
S.D. Codified Laws § 11-9-10 — SD Code / Title 11 / Chapter 9 / Section 11-9-10
Blighted area defined
Status: in_force

For the purposes of this chapter, the term "blighted area" means an area that substantially impairs or arrests the sound growth of the political subdivision, inhibits housing development, constitutes an economic or social liability, or is a danger in its present condition and use to the health, safety, morals, or welfare of the public because of:

(1) The presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures;

(2) A predominance of defective or inadequate street layouts;

(3) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;

(4) Unsanitary or unsafe conditions;

(5) The deterioration of land or structures affixed to the land;

(6) Tax or special assessment delinquencies exceeding the fair value of the land;

(7) Defective or unusual conditions of title;

(8) The existence of conditions that endanger life or property by fire and other causes; or

(9) A predominance of open space with obsolete platting, diversity of ownership, or deterioration of structures or site improvements.

Source: SL 1978, ch 91, § 2 (2); SL 2024, ch 45, § 5; SL 2026, ch 58, § 9.
S.D. Codified Laws § 11-11-52 — SD Code / Title 11 / Chapter 11 / Section 11-11-52
Terms of notes and bonds--Maturity--Form of instruments--Interest--Redemption--Sale
Status: in_force

The notes and bonds shall be authorized by resolutions of the authority, and shall bear such dates and shall mature at such times as such resolutions may provide. However, no bond may mature more than fifty years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rates, be in such denominations, be in such form, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such places within or without the state, and be subject to such terms of redemption as such resolutions may provide. The notes and bonds of the authority may be sold by the authority, at public or private sale, at such prices as the authority shall determine.

Source: SL 1973, ch 180, § 29; SDCL Supp, § 28-19-43; SL 2012, ch 78, § 28.
S.D. Codified Laws § 11-2-28.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-28.1
Petition by individual landowner for change in zoning--Notice to abutting and adjoining landowners--Notice to county auditor of adjacent county
Status: in_force

An individual landowner may petition the board to change the zoning of all or any part of the landowner's property. The petitioning landowner shall notify abutting and adjoining landowners by registered or certified mail of the petitioned zoning change at least ten days before the public hearing is held on the matter by the planning commission. The landowner shall use information provided by the county director of equalization to determine the abutting and adjoining land owners. Property is considered as abutting and adjoining even though it may be separated from the property of the petitioner by a public road or highway. If the affected property abuts, adjoins, or is within one mile of a county border, the county auditor on behalf of the individual landowner shall also notify, by registered or certified mail, the county auditor in the adjoining county of the petitioned zoning change at least ten days before the public hearing is held on the matter by the planning commission.

Source: SDCL § 11-2-28 as added by SL 1975, ch 113, § 17; SL 1999, ch 65, § 6; SL 2000, ch 69, § 39; SL 2006, ch 62, § 1; SL 2011, ch 67, § 1.
S.D. Codified Laws § 11-11-69 — SD Code / Title 11 / Chapter 11 / Section 11-11-69
Purpose of capital reserve fund requirements
Status: in_force

To assure the continued operation and solvency of the authority for the carrying out of its corporate purposes, provision is made in §§ 11-11-70 to 11-11-75 , inclusive, for the accumulation in each capital reserve fund created thereunder of an amount equal to the maximum capital reserve fund requirement for such fund.

Source: SL 1973, ch 180, § 39; SDCL Supp, § 28-19-60.
S.D. Codified Laws § 11-9-25 — SD Code / Title 11 / Chapter 9 / Section 11-9-25
Allocation to municipality of tax increments--Duration of allocation
Status: in_force

Positive tax increments of a district shall be allocated to the municipality that created the district for each year from the date when the district is created until the municipality has been reimbursed for expenditures previously made, has paid all monetary obligations, and has retired all outstanding tax increment bonds. However, in no event may the positive tax increments be allocated longer than twenty years after the calendar year of creation.

Source: SL 1978, ch 91, § 16; SL 1989, ch 125, § 2; SL 2011, ch 73, § 7; SL 2018, ch 70, § 27.
S.D. Codified Laws § 11-7-25 — SD Code / Title 11 / Chapter 7 / Section 11-7-25
Voluntary acquisition of project property by commission member or employee prohibited--Disclosure of interest--Violation as misdemeanor
Status: in_force

No commissioner or employee of a commission may voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any commissioner or employee of a commission previously owned or controlled an interest, direct or indirect, in any property included or planned to be included in any project, or presently has such interest, he immediately shall disclose such interest in writing to the commission, and such disclosure shall be entered upon the minutes of the commission. A violation of this section is a Class 2 misdemeanor.

Source: SL 1950 (SS), ch 13, § 4; SDC Supp 1960, § 45.3604; SL 1982, ch 86, § 79.
S.D. Codified Laws § 11-14-15 — SD Code / Title 11 / Chapter 14 / Section 11-14-15
Court action against violators--Injunction
Status: in_force

In addition, either the political subdivision within which the property is located or the commission may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of chapter 50-10 , or of airport zoning regulations adopted under chapter 50-10 , or of any order or ruling made in connection with their administration or enforcement. The court shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of chapter 50-10 and of the regulations adopted and orders and rulings made pursuant thereto.

Source: SL 1943, ch 2, § 8; SDC Supp 1960, § 2.0515; SL 2010, ch 227, § 64; SDCL § 50-10-27 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-2-14 — SD Code / Title 11 / Chapter 2 / Section 11-2-14
Division of county into zoning districts--Matters regulated--Special considerations
Status: in_force

For any of the purposes specified in § 11-2-13 , the board may divide the county into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter; and within the districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land . All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

The regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration or scattering of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks; and other public requirements.

The regulations shall be made with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the county.

Source: SL 1967, ch 20, § 3 (2); SL 1975, ch 113, § 7; SL 2000, ch 69, § 5.
S.D. Codified Laws § 11-4-1.1 — SD Code / Title 11 / Chapter 4 / Section 11-4-1.1
Definition of terms
Status: in_force

The definitions set forth in §§ 11-6-1 and 11-2-1.1 are applicable to this chapter.

Source: SL 1975, ch 114, § 1; SL 2021, ch 55, § 1.
S.D. Codified Laws § 11-8-14 — SD Code / Title 11 / Chapter 8 / Section 11-8-14
Initiation of urban renewal plans--Submission to and recommendations by planning commission--Time allowed for review
Status: in_force

The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to a municipality. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the master plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received within said thirty days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project prescribed by § 11-8-15 .

Source: SL 1966, ch 149, § 7 (2).
S.D. Codified Laws § 11-7-26 — SD Code / Title 11 / Chapter 7 / Section 11-7-26
Payments in lieu of taxes on property
Status: in_force

A commission shall further have power to make such payments in lieu of taxes to the first or second class municipality or the county, the state or any political subdivision thereof, as it finds consistent with this chapter.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (1); SDC Supp 1960, § 45.3607 (3) (a); SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-4-6 — SD Code / Title 11 / Chapter 4 / Section 11-4-6
Conflict with other regulations--More stringent regulations govern
Status: in_force

Whenever the regulations made under authority of this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this chapter shall govern.

Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or other higher standards than are required by the regulations made under authority of this chapter, the provisions of such statute or local ordinance or regulation shall govern.

Source: SL 1927, ch 176, § 9; SDC 1939, § 45.2610.
S.D. Codified Laws § 11-7A-1 — SD Code / Title 11 / Chapter 7A / Section 11-7A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Housing and redevelopment commission" or "commission" any housing and redevelopment commission created by or pursuant to the municipal housing and redevelopment law of this state;

(2) "Municipality" any incorporated city or town or any county;

(3) "Project" any work or undertaking of a housing and redevelopment commission pursuant to the municipal housing and redevelopment law;

(4) "State public body," any municipality, commission, district, or other political subdivision or instrumentality of this state, except the State of South Dakota.

Source: SL 1950 (SS), ch 14, § 2; SDC Supp 1960, § 45.3702; SDCL, § 9-37-1; SL 1996, ch 93, § 2.
S.D. Codified Laws § 11-11-11 — SD Code / Title 11 / Chapter 11 / Section 11-11-11
Reporting to Governor's Office of Economic Development
Status: in_force

The authority is attached to the Governor's Office of Economic Development for reporting purposes.

Source: SL 1979, ch 351, § 33; SDCL Supp, § 28-19-10.1; SL 2003, ch 272 (Ex. Ord. 03-1), § 50; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 95, eff. Apr. 12, 2011.
S.D. Codified Laws § 11-9-18 — SD Code / Title 11 / Chapter 9 / Section 11-9-18
Amendment to project plan--Procedure
Status: in_force

The planning commission may at any time adopt an amendment to a project plan which shall be subject to approval by the governing body in the same manner as an initial project plan.

Source: SL 1978, ch 91, § 8.
S.D. Codified Laws § 11-11-84 — SD Code / Title 11 / Chapter 11 / Section 11-11-84
Enforcement of bondholders' rights
Status: in_force

A trustee appointed pursuant to § 11-11-83 may, and upon written request of the holders of fifty percent in principal amount of such bonds then outstanding shall, in the holder's own name, enforce all rights of the bondholders, including the right to:

(1) Require the authority to collect interest and amortization payments on the mortgages held by it adequate to carry out any agreement as to, or pledge of, such interest and amortization payments;

(2) Require the authority to carry out any other agreements with the holders of such bonds and to perform its duties under this chapter;

(3) Collect and enforce the payment of principal of and interest due or becoming due on loans to mortgage lenders and collect and enforce any collateral securing such loans or sell such collateral;

(4) Declare all such bonds due and payable, and if all defaults shall be made good, then with the consent of the holders of fifty percent of the principal amount of such bonds then outstanding, annul such declaration and its consequences, provided that before declaring the principal of bonds due and payable, the trustee shall first give thirty days' notice in writing to the Governor, to the authority, and to the attorney general of the state;

(5) Bring suit upon all or any part of such bonds;

(6) By action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds, and require the authority to account as if it were the trustee of an express trust for the holders of such bonds; and

(7) In addition to the foregoing subdivisions, have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of bondholders in the enforcement and protection of their rights.

Source: SL 1973, ch 180, § 44 (1); SDCL Supp, § 28-19-75; SL 2012, ch 78, § 47.
S.D. Codified Laws § 11-7-6 — SD Code / Title 11 / Chapter 7 / Section 11-7-6
"Redevelopment plan" defined--Purposes of plan
Status: in_force

Unless the context clearly indicates otherwise, for the purpose of this chapter, "redevelopment plan" means a plan for a redevelopment project area which plan provides an outline for the development or redevelopment of such area and is sufficiently complete:

(1) To indicate its relationship to definite local objectives as to appropriate land uses and as to improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; and

(2) To indicate proposed land uses and building requirements in the redevelopment project.

(1) To promote the development of well planned, integrated neighborhoods;

(2) To secure safety from fire, panic, and other dangers;

(3) To promote health and the general welfare;

(4) To provide adequate light and air;

(5) To prevent the overcrowding of land;

(6) To avoid undue concentration of population;

(7) To avoid congestion in the streets;

(8) To facilitate the provisions of adequate transportation, water, sewerage, and other public requirements;

(9) To prevent the recurrence of slums or conditions of blight, and the spread of disease, crime, and juvenile delinquency; and

(10) To permit the development of the resources and the improvement of the economic facilities of the county, municipality, and the state.

Source: SL 1950 (SS), ch 13, § 2; SDC Supp 1960, § 45.3602 (14); SL 1968, ch 186, § 2.
S.D. Codified Laws § 11-8-64 — SD Code / Title 11 / Chapter 8 / Section 11-8-64
Tax exemption of urban renewal property--Termination of exemption on transfer to private purchaser or lessee
Status: in_force

The property of a municipality, acquired or held for the purposes of this chapter is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof: provided that such tax exemption shall terminate when the municipality sells, leases or otherwise disposes of such property in an urban renewal area to a purchaser or lessee which is not a public body entitled to tax exemption with respect to such property.

Source: SL 1966, ch 149, § 13.
S.D. Codified Laws § 11-7-94 — SD Code / Title 11 / Chapter 7 / Section 11-7-94
Conditions and covenants of bonds
Status: in_force

In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure payment of such bonds, or obligations, a commission, in addition to its other powers, shall have power:

(1) To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence;

(2) To mortgage all or any part of its real or personal property, then owned or thereafter acquired;

(3) To covenant against pledging all or any part of its rents, fees and revenues, or against mortgaging all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it;

(4) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed, or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to covenant for the redemption of the bonds and to provide the terms and conditions thereof;

(5) To covenant (subject to the limitations contained in this chapter) as to rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the moneys held in such funds;

(6) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;

(7) To covenant as to the use, maintenance, and replacement of any or all of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance moneys;

(8) To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived;

(9) To vest in any obligees of the commission the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in any obligee or obligees holding a specified amount in bonds the right, in the event of a default by said commission, to take possession of and use, operate, and manage any project or any part thereof or any funds connected therewith, and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the commission with such obligees; to provide for the powers and duties of such obligees and to limit the liabilities thereof; and to provide the terms and conditions upon which such obligees may enforce any covenant or rights securing or relating to the bonds;

(10) To exercise all or any part or combination of the powers herein granted; to make such covenants (other than and in addition to the covenants herein expressly authorized) and to do any and all such acts and things consistent with this chapter and such other laws as may be applicable, as may be necessary, convenient, or desirable in order to secure its bonds, or tend to make the bonds more marketable.

Source: SL 1950 (SS), ch 13, § 23; SDC Supp 1960, § 45.3623.
S.D. Codified Laws § 11-4-8 — SD Code / Title 11 / Chapter 4 / Section 11-4-8
Changes in regulations--Notice and procedure
Status: in_force

Regulations, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed. Any such modification or repeal shall be proposed in an ordinance presented to the governing body for adoption in the same manner and upon the same notice as required for the adoption of the original ordinance. However, amendments or additions to a subdivision or zoning ordinance may be published without republishing the full ordinance if the section or subsection of the ordinance containing the change is published in its entirety.

Source: SDC 1939, § 45.2605; SL 1941, ch 201; SL 1987, ch 116; SL 2000, ch 69, § 57.
S.D. Codified Laws § 11-6-27 — SD Code / Title 11 / Chapter 6 / Section 11-6-27
Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required
Status: in_force

In exercising the duties granted to it by this chapter, the planning commission shall recommend and the council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in § 11-6-26 . Such regulations may provide for the harmonious development of the municipality and its environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the municipality; for adequate open spaces for traffic, recreation, light, and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, or prosperity. Before an adoption of its subdivision regulations or any amendment thereof, the council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the municipality. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment.

Source: SL 1949, ch 198, § 12; SDC Supp 1960, § 45.3312; SL 1966, ch 145; SL 1999, ch 65, § 16.
S.D. Codified Laws § 11-12-3 — SD Code / Title 11 / Chapter 12 / Section 11-12-3
Hours of operation of certain adult oriented businesses--Violation as misdemeanor
Status: in_force

No adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, or nude model studio may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 2:00 a.m. and 12:00 noon on Sunday. A violation of this section is a Class 1 misdemeanor. Each day of violation constitutes a separate offense.

Source: SL 2008, ch 61, § 2.
S.D. Codified Laws § 11-6-18.1 — SD Code / Title 11 / Chapter 6 / Section 11-6-18.1
Filing of action adopting comprehensive plan
Status: in_force

The action of the municipal council, in adopting the comprehensive plan, shall be filed with the auditor or clerk.

Source: SL 1975, ch 116, § 12; SL 1983, ch 105, § 5; SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-11-6 — SD Code / Title 11 / Chapter 11 / Section 11-11-6
Developments and projects subject to chapter
Status: in_force

As used in this chapter, housing development, or, housing project, means any work or undertaking, whether new construction or rehabilitation, including single family and multifamily residential housing, which is designed and financed pursuant to the provisions of this chapter for the primary purpose of providing sanitary, decent, and safe dwelling accommodations for persons and families in need of housing and further including day-care facilities. Such undertaking may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable in connection therewith, such as sewers, utilities, streets, parks, site preparation, landscaping and such stores, offices, and other nonhousing facilities such as administrative, community, health, recreational, educational, and welfare facilities as the authority determines to be necessary, convenient, or desirable.

Source: SL 1973, ch 180, § 2 (6); SDCL Supp, § 28-19-6; SL 1983, ch 106, § 4F; SL 1995, ch 80, § 11; SL 2012, ch 78, § 3.
S.D. Codified Laws § 11-8-43 — SD Code / Title 11 / Chapter 8 / Section 11-8-43
Reimbursement of expenses of commissioners--Tenure of office--Certificate of appointment
Status: in_force

A commissioner shall receive no compensation for his services but shall be entitled to the necessary and actual expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has been qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.

Source: SL 1966, ch 149, § 17 (3).
S.D. Codified Laws § 11-11-155 — SD Code / Title 11 / Chapter 11 / Section 11-11-155
Surety bonds and other assurances of payment and performance
Status: in_force

If the authority is providing mortgage financing, the authority shall require the housing sponsor receiving a loan or its contractor to post surety bonds or other assurances of payment of labor and materials, and construction performance in such amounts as the authority may deem necessary and to execute such other assurances and guarantees as the authority may deem necessary.

Source: SL 1973, ch 180, § 19 (6); SDCL Supp, § 28-19-133; SL 1995, ch 80, § 23; SL 2012, ch 78, § 98.
S.D. Codified Laws § 11-8-59 — SD Code / Title 11 / Chapter 8 / Section 11-8-59
Restriction on lease or reconveyance in conveyance to purchaser or lessee of urban renewal property
Status: in_force

The municipality in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease, or otherwise transfer the real property without the prior written consent of the municipality until he has completed the construction of any or all improvements which he has obligated himself to construct thereon.

Source: SL 1966, ch 149, § 10 (1).
S.D. Codified Laws § 11-14-11 — SD Code / Title 11 / Chapter 14 / Section 11-14-11
Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ
Status: in_force

Upon presentation of a petition pursuant to § 11-14-10 , the circuit court may allow a writ of certiorari directed to the board of appeals to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown grant a restraining order. The board of appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (2), (3); SDCL § 50-10-23 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-2-40 — SD Code / Title 11 / Chapter 2 / Section 11-2-40
Public examination of survey and map
Status: in_force

The survey and map when completed and verified shall be left at some convenient public place, to be designated by the county auditor, within the proposed special zoning area for a period of not less than twenty days for examination by the public.

Source: SL 1977, ch 104, § 10; SL 2006, ch 63, § 4; SL 2011, ch 69, § 4.
S.D. Codified Laws § 11-15-8 — SD Code / Title 11 / Chapter 15 / Section 11-15-8
School district adjoining federal military installation--Loan--Constructing or expanding school--Terms--Approval--Exemptions
Status: in_force

In addition to any other loan or grant authorized in § 11-15-2 , the authority may make a loan from the South Dakota housing infrastructure fund, as created in § 11-15-2 , to a school district adjoining a federal military installation for the purpose of constructing or expanding a school building, as defined in § 34-44-2 . The authority must provide the loan to the district at an interest rate of zero percent and may not require collateral from the district. The loan may not exceed an aggregate of fifteen million dollars.

The terms of the loan must require that the payments be based on a straight and level amortization of twenty years and be made annually over a term of twenty years, with the first payment due one year from the date of the funding of the loan.

Any loan issued pursuant to this section must be approved by the authority at a public meeting held pursuant to chapter 1-25 and issued prior to June 30, 2029.

Thirty percent of any loan issued pursuant to this section must be made from moneys that are otherwise available for municipalities having a population of fifty thousand or more, pursuant to subdivision 11-15-3 (1), and seventy percent from moneys that are otherwise available in all other areas of the state, pursuant to subdivision 11-15-3 (2).

Any loan issued pursuant to this section is exempt from the provisions of chapter 6-8B and §§ 13-19-2 to 13-19-6 , inclusive.

All moneys received by the authority in repayment of a loan issued pursuant to this section must be deposited in the South Dakota housing infrastructure fund and used for making new loans, pursuant to § 11-15-2 .

Source: SL 2025, ch 56, § 2.
S.D. Codified Laws § 11-11-2 — SD Code / Title 11 / Chapter 11 / Section 11-11-2
Declaration of necessity for development authority
Status: in_force

It is further declared that in order to provide a fully adequate supply of sanitary, decent and safe accommodations at rental or carrying charges which such persons or families can afford, and a fully adequate supply of day - care facilities providing services at affordable prices, the Legislature finds that it is necessary to create and establish a State Housing Development Authority for the purpose of encouraging the investment of private capital and stimulating the construction, rehabilitation, and purchase of residential housing to meet the needs of all persons and families through the use of public financing, including, without limitation, public construction, public loans, public purchase of mortgages, and otherwise.

Source: SL 1973, ch 180, § 1; SDCL Supp, § 28-19-2; SL 1983, ch 106, § 4B; SL 1995, ch 80, § 8.
S.D. Codified Laws § 11-2-8 — SD Code / Title 11 / Chapter 2 / Section 11-2-8
Joint county-municipal planning activities--County planning commission as municipal planning commission
Status: in_force

The contract between the governing body of the municipality and the board may provide among other things for joint county - municipal planning activities, or it may designate the county planning commission as the planning commission for the municipality.

Source: SL 1967, ch 20, § 9; SL 1975, ch 113, § 3.
S.D. Codified Laws § 11-2-13 — SD Code / Title 11 / Chapter 2 / Section 11-2-13
Adoption of zoning ordinance
Status: in_force

For the purpose of promoting health, safety, or the general welfare of the county the board may adopt a zoning ordinance to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of the yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, flood plain, or other purposes.

Source: SL 1941, ch 216, § 2; SDC Supp 1960, § 12.20A02; SL 1967, ch 20, § 3 (1); SL 2000, ch 69, § 4.
S.D. Codified Laws § 11-8-7 — SD Code / Title 11 / Chapter 8 / Section 11-8-7
Legislative findings and declaration of necessity
Status: in_force

It is hereby found and declared that there exist in municipalities of the state slum and blighted areas, as defined in §§ 11-8-2 and 11-8-3 , which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.

It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this chapter, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied, or prevented; and that salvageable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such areas.

It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised; and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

Source: SL 1966, ch 149, § 3.
S.D. Codified Laws § 11-11-97.1 — SD Code / Title 11 / Chapter 11 / Section 11-11-97.1
Authority may contract to manage payment or interest rate risk for bonds
Status: in_force

The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rate exchange agreements; contracts providing for payment or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows or series of payments; or contracts incorporating interest rate caps, collars, floors, or locks.

Source: SL 2003, ch 10, § 5.
S.D. Codified Laws § 11-8-58 — SD Code / Title 11 / Chapter 8 / Section 11-8-58
Negotiated sale of urban renewal property--Advertising and invitation for proposals
Status: in_force

A municipality may dispose of real property in an urban renewal area to private persons on a negotiated basis at a price not less than its fair market value. Notice of the intent of the municipality to dispose of the real property and an invitation to submit proposals shall be published for one week. The transfer shall be authorized on the terms and in the manner provided by resolution of the governing body.

Source: SL 1966, ch 149, § 10 (2); SL 1977, ch 105; SL 1979, ch 94; SL 1982, ch 60, § 12.
S.D. Codified Laws § 11-2-56 — SD Code / Title 11 / Chapter 2 / Section 11-2-56
Stay of proceedings pending appeal--Exceptions
Status: in_force

An appeal to the board of adjustment stays all proceedings in the action appealed from, except ministerial or other preliminary acts necessary to allow consolidated appeals on all matters prior to final decision by the board of adjustment, or unless the officer from whom the appeal is taken files a certificate that by reason of facts stated in the certificate a stay would in the officer's opinion cause imminent peril to life or property. In such case proceedings may not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

Source: SL 2000, ch 69, § 26; SL 2016, ch 71, § 3.
S.D. Codified Laws § 11-2-3.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-3.1
Meetings of planning commission
Status: in_force

The planning commission shall meet at such times as may be necessary to accomplish the purposes of this chapter, but, in no event, shall the commission meet less than once every three months.

Source: SL 1967, ch 20, § 2 as added by SL 1968, ch 23.
S.D. Codified Laws § 11-8-27 — SD Code / Title 11 / Chapter 8 / Section 11-8-27
Changes in streets and public places--Replanning
Status: in_force

Every municipality shall have the power to close, vacate, plan or replan streets, roads, sidewalks, ways or other places; and to plan or replan any part of the municipality.

Source: SL 1966, ch 149, § 8 (10).
S.D. Codified Laws § 11-8-29 — SD Code / Title 11 / Chapter 8 / Section 11-8-29
Municipal appropriations and expenditures--Levy of assessments--Zoning--Agreements with urban renewal agency
Status: in_force

A municipality may appropriate funds and make expenditures as may be necessary to carry out the purposes of this chapter, and levy assessments for such purposes; zone or rezone any part of the municipality or make exceptions from building regulations; and enter into agreements with a housing authority or an urban renewal agency vested with urban renewal powers under §§ 11-8-38 and 11-8-39 , which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by the municipality pursuant to any of the powers granted by this chapter.

Source: SL 1966, ch 149, § 8 (9); SL 1978, ch 62, § 23.
S.D. Codified Laws § 11-8-72 — SD Code / Title 11 / Chapter 8 / Section 11-8-72
Tax exemption of bonds
Status: in_force

Bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.

Source: SL 1966, ch 149, § 11.
S.D. Codified Laws § 11-4-25 — SD Code / Title 11 / Chapter 4 / Section 11-4-25
Petition to court contesting decision of board
Status: in_force

Any person or persons, jointly or severally, or any officer, department, board, or bureau of the municipality, aggrieved by any decision of the board of adjustment may present to a court of record a petition for writ of certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. The board of adjustment shall respond to the petition within thirty days of receiving the notice of the filing and shall simultaneously submit the complete record of proceedings of the board appealed from, in the form of a return on a petition for writ, without need for a court order or formal issuance of writ.

A petitioner to the circuit court under this section shall pay all transcript costs required to complete the record of proceedings of the board from which the decision was appealed.

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2608; SL 2016, ch 71, § 9; SL 2021, ch 55, § 11.
S.D. Codified Laws § 11-8-74 — SD Code / Title 11 / Chapter 8 / Section 11-8-74
Investment in bonds authorized for financial institutions, trusts, fiduciaries and public deposits
Status: in_force

All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all personal representatives, curators, trustees, and other fiduciaries, may legally invest any debt service funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to this chapter or by any urban renewal agency or housing authority vested with urban renewal project powers under §§ 11-8-38 and 11-8-39 : provided, that such bonds and other obligations shall be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, moneys in an amount which, together with any other moneys irrevocably committed to the payment of principal and interest on such bonds or other obligations, will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which moneys under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions, and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.

Source: SL 1966, ch 149, § 12.
S.D. Codified Laws § 11-12-6 — SD Code / Title 11 / Chapter 12 / Section 11-12-6
Action to enjoin violations
Status: in_force

If there is reason to believe that a violation of § 11-12-2 is being committed in any county or city, the state's attorney of the county shall, or a citizen of this state who resides in the county or city in the citizen's own name may, maintain an action to abate and prevent the violation and to enjoin perpetually any person who is committing the violation and the owner, lessee, or agent of the building or place in or on which the violation is occurring from directly or indirectly committing or permitting the violation.

Source: SL 2008, ch 61, § 5.
S.D. Codified Laws § 11-6-26.1 — SD Code / Title 11 / Chapter 6 / Section 11-6-26.1
Review and recommendation by county commission when land subject to joint municipal-county jurisdiction--Vote of city council required upon disapproval by county commission--Board may designate county official to make recommendation to city council in lieu of county commission
Status: in_force

In the case of land over which there is joint municipal - county zoning jurisdiction, the plats may not be filed or recorded until the plats have also been submitted to the county planning and zoning commission for review and recommendation to the city council. The county planning and zoning commission shall make its recommendation to the city council within forty - five days of submission. If the county planning and zoning commission recommends disapproval of any such plats, a two - thirds vote of the entire membership of the city council is required to approve the plats. The board of county commissioners may by resolution designate an administrative official of the county to review and make a recommendation to the city council in lieu of the review and recommendation by the county planning commission.

Source: SDCL, § 11-6-26 as added by SL 1975, ch 116, § 16; SL 2000, ch 69, § 66.
S.D. Codified Laws § 11-13-7 — SD Code / Title 11 / Chapter 13 / Section 11-13-7
Income targeting guideline
Status: in_force

The South Dakota housing opportunity fund shall be targeted to serve low to moderate income households with a maximum income at or below one hundred fifteen percent of the area median income based on United States Department of Housing and Urban Development (HUD) criteria.

Source: SL 2013, ch 7, § 19, eff. Mar. 20, 2013.
S.D. Codified Laws § 11-9-38 — SD Code / Title 11 / Chapter 9 / Section 11-9-38
Bonds to be negotiable and payable only from tax increment
Status: in_force

Each bond issued pursuant to this chapter and all interest coupons related to the bonds are negotiable instruments. Bonds issued are not general obligation bonds and are payable only from the tax increment of the project as provided in this chapter.

Source: SL 1978, ch 91, § 21; SL 2011, ch 73, § 15; SL 2018, ch 70, § 39.
S.D. Codified Laws § 11-11-12 — SD Code / Title 11 / Chapter 11 / Section 11-11-12
Appointment of commissioners--Political affiliations
Status: in_force

The powers of the authority shall be vested in seven commissioners, who shall be residents of the state, to be appointed by the Governor. Not more than four of the commissioners may be of the same political party.

Source: SL 1973, ch 180, § 4; SDCL Supp, § 28-19-11; SL 1975, ch 186, § 1; SL 1980, ch 204, § 2; SL 2011, ch 74, § 1.
S.D. Codified Laws § 11-6-29 — SD Code / Title 11 / Chapter 6 / Section 11-6-29
Bond for completion of subdivision work--Remedies for enforcement of bond
Status: in_force

Subdivision regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the council may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipality the actual construction and installation of such improvements and utilities within a period specified by the council and expressed in the bond; and the municipality is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies.

Source: SL 1949, ch 198, § 12; SDC Supp 1960, § 45.3312; SL 1966, ch 145.
S.D. Codified Laws § 11-3-6 — SD Code / Title 11 / Chapter 3 / Section 11-3-6
Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial
Status: in_force

The provisions of this chapter apply to every addition to, or subdivision within, any county, municipality, or unincorporated town. If the land or any part of the land included in any addition or subdivision is within, adjoining, or contiguous to the boundaries of any municipality, the plat, before being recorded, shall be submitted to the governing body or, if applicable, the planning director of the municipality. If it appears that the system of streets set forth therein conforms to the system of streets of the existing plats of the municipality, that all provisions of any subdivision regulations have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid, and that such plat and the survey thereof have been executed according to law, the governing body shall, by resolution, approve the plat. The governing body may by resolution designate an administrative official of the municipality to approve plats in lieu of approval by the governing body. The auditor or finance officer shall endorse on the face of the plat a copy of the resolution or the designated administrative official's approval and certify to the same. No plat of any such addition or subdivision so situated may be recorded unless the plat bears on its face a copy of the resolution or approval and certificate of the auditor or finance officer. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the governing body.

Source: SDC 1939, § 45.2806; SL 1959, ch 272, § 2; SL 1979, ch 93, § 7; SL 1997, ch 74, § 1; SL 2006, ch 64, § 1.
S.D. Codified Laws § 11-9-2 — SD Code / Title 11 / Chapter 9 / Section 11-9-2
Powers of political subdivision
Status: in_force

A political subdivision may:

(1) Create one or more districts and define each district's boundaries;

(2) Prepare project plans, approve the plans, and implement the provisions and purposes of the plans, including the acquisition by purchase or condemnation of real and personal property within the district and the sale, lease, or other disposition of property to private individuals, partnerships, corporations, or other entities at a price less than the cost of the acquisition and of any site improvements undertaken by the political subdivision pursuant to a project plan;

(3) Issue tax increment financing bonds;

(4) Deposit moneys into the special fund of any district; and

(5) Enter into any contract or agreement, including an agreement with bondholders, determined by the governing body to be necessary or convenient to implement the provisions and effectuate the purposes of a project plan. A contract or agreement may include conditions, restrictions, or covenants that run with the land or otherwise regulate the use of land or that establish a minimum market value for the land and completed improvements to be constructed by a specific date, which date may not be later than the date of termination of the district pursuant to § 11-9-46 . Any contract or agreement that provides for the payment of a specific sum of money at a specific future date must be made pursuant to the provisions of chapter 6-8B .

Source: SL 1978, ch 91, § 6; SL 1983, ch 37, § 6; SL 2011, ch 73, § 2; SL 2018, ch 70, § 8; SL 2024, ch 45, § 2.
S.D. Codified Laws § 11-11-151 — SD Code / Title 11 / Chapter 11 / Section 11-11-151
Terms and form of loans or other financing--Investment in multifamily residential housing projects and day-care facilities
Status: in_force

Each mortgage loan made or other financing provided by the authority shall contain such terms and provisions and be in such form as approved by the authority. With respect to multifamily residential housing projects and day-care facilities, the authority may also assist the development of such housing projects and day-care facilities by investing as a limited partner or shareholder in the housing sponsor upon such terms and conditions as the authority determines.

Source: SL 1973, ch 180, § 19 (6); SDCL Supp, § 28-19-129; SL 1995, ch 80, § 21; SL 2012, ch 78, § 96.
S.D. Codified Laws § 11-9-48 — SD Code / Title 11 / Chapter 9 / Section 11-9-48
District reports published on department website
Status: in_force

The department may publish annually on its website a report of each tax increment financing district in the state. Any political subdivision that has created a tax increment financing district shall provide the department with any information requested to compile the report.

Source: SL 2018, ch 70, § 5; SL 2024, ch 45, § 20.
S.D. Codified Laws § 11-3-7 — SD Code / Title 11 / Chapter 3 / Section 11-3-7
Naming of additions and subdivisions
Status: in_force

Every addition or subdivision within a county, municipality or unincorporated town shall be named as follows, to wit: ____ Addition (or Subdivision) to the municipality (or unincorporated town) of ____ or ____ Addition (or Subdivision) in the ____ quarter, Section ____, T ____, R ____, ____ of the ____ P.M. in the county of ____, except that Sections ____, T ____, R ____, ____ of the P.M. shall not be required when such addition or subdivision is located within the boundaries of an incorporated municipality. No plat which does not comply with this section shall be entitled to record or be recorded.

Source: SDC 1939, § 45.2806 as added by SL 1967, ch 224, § 2; SL 1973, ch 66; SL 1979, ch 93, § 8.
S.D. Codified Laws § 11-7-62 — SD Code / Title 11 / Chapter 7 / Section 11-7-62
Preference in rental to persons displaced by commission operations
Status: in_force

Except as otherwise required pursuant to federal law, in contracts for federal financial assistance, if the number of qualified applicants for dwelling accommodations exceed the dwelling units available, preference shall be given to inhabitants of the area of operation of the commission in which the project is located, and to the families who occupied the dwellings eliminated by demolition, condemnation, and effective closing as part of the project, as far as is reasonably practicable without discrimination against families living in other substandard areas within the same area of operation.

Source: SL 1950 (SS), ch 13, § 14; SDC Supp 1960, § 45.3614.
S.D. Codified Laws § 11-9-24 — SD Code / Title 11 / Chapter 9 / Section 11-9-24
Annual notice by department of assessed value of real property and tax increment base--Change in laws not to result in lower assessed values--Conditions
Status: in_force

The department shall annually give notice to the auditor or finance officer of all governmental entities having the power to levy taxes on real property within a district of both the assessed value of the real property and the assessed value of the tax increment base. The notice shall also explain that the taxes collected in excess of the base will be paid to the municipality as provided in § 11-9-28 . No change in the laws of this state affecting taxation of real property may result in a lower assessed value of the real property and the assessed value of the tax increment base if the district is in force and until bonds issued pursuant to this chapter are retired.

Source: SL 1978, ch 91, § 15; SL 1989, ch 125, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2018, ch 70, § 26.
S.D. Codified Laws § 11-7-97 — SD Code / Title 11 / Chapter 7 / Section 11-7-97
Private or public sale of bonds--Notice of sale
Status: in_force

The bonds issued by a commission may be sold at private sale or at public sale to the highest bidder after notice of sale has been published once each week for at least two successive weeks in a legal newspaper published in the county where the commission is located. The notice shall specify the time and place of the sale.

Source: SL 1950 (SS), ch 13, § 22; SDC Supp 1960, § 45.3622; SL 1972, ch 35, § 7; SL 1984, ch 43, § 99.
S.D. Codified Laws § 11-7-80 — SD Code / Title 11 / Chapter 7 / Section 11-7-80
Lease or transfer of real property in redevelopment project--Price of lease or sale--Appraisal
Status: in_force

The commission may sell, lease, exchange, or otherwise transfer to any person or state public body real property acquired under the provisions of this chapter, and thereafter the real property shall be used only in accordance with the limitations and conditions set forth in the redevelopment plan except as in this chapter otherwise provided. The real property shall be sold, leased, or transferred at its fair value for uses in accordance with the redevelopment plan irrespective of the cost of acquiring and clearing such real property. To aid the commission in determining the fair value of real property for uses in accordance with the redevelopment plan, it may, at its discretion, cause an appraisal to be made of the value of the real property for such uses, and may employ two or more land value experts to make such appraisal. Nothing in this section shall be construed as requiring the commission to base its rentals or selling prices upon any such appraisals.

Source: SL 1950 (SS), ch 13, § 19, subdiv 1; SDC Supp 1960, § 45.3619 (1).
S.D. Codified Laws § 11-11-123 — SD Code / Title 11 / Chapter 11 / Section 11-11-123
Requirements for transactions with mortgage lenders
Status: in_force

Terms and conditions of the purchase and sale to mortgage lenders of mortgage loans and loans to mortgage lenders, shall be as set forth in § 11-11-124 .

Source: SL 1973, ch 180, § 20; SDCL Supp, § 28-19-106.
S.D. Codified Laws § 11-2-7 — SD Code / Title 11 / Chapter 2 / Section 11-2-7
Contracts to provide planning and zoning services to municipalities--Municipal powers exercised by county board
Status: in_force

The governing body of any municipality may contract with the board for planning and zoning services to be provided by the county, and the contract may provide that the municipality shall pay such fees as are agreed for the services performed. Under the provisions of the contract the municipal governing body may authorize the county planning and zoning commission, on behalf of the municipality, to exercise any of the powers otherwise granted to municipal planning and zoning commissions under chapters 11-4 and 11-6 .

Source: SL 1967, ch 20, § 9; SL 1975, ch 113, § 2; SL 1992, ch 60, § 2; SL 1998, ch 76, § 2.
S.D. Codified Laws § 11-11-91 — SD Code / Title 11 / Chapter 11 / Section 11-11-91
Circuit court jurisdiction of proceedings by trustee
Status: in_force

The circuit court has jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders.

Source: SL 1973, ch 180, § 44; SDCL Supp, § 28-19-82; SL 2012, ch 78, § 54.
S.D. Codified Laws § 11-7-93 — SD Code / Title 11 / Chapter 7 / Section 11-7-93
Income and revenues from which bonds payable--Additional pledge of other funds or assets
Status: in_force

A commission may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable:

(1) Exclusively from the income and revenues of the project financed with the proceeds of such bonds;

(2) Exclusively from the income and revenues of certain designated projects whether or not they are financed in whole or in part with the proceeds of such bonds; or

(3) From its revenues generally, provided that the housing projects and redevelopment projects of a commission shall be separately financed, and there shall be no confusion of financing or funds between projects of these two separate types.

Any such bonds may be additionally secured by a pledge of any grant or contributions, or parts thereof, from the federal government or other source, or a pledge of any income or revenues of the commission, or a mortgage of any project, projects, or other property of the commission.

Source: SL 1950 (SS), ch 13, § 21; SDC Supp 1960, § 45.3621.
S.D. Codified Laws § 11-8-13 — SD Code / Title 11 / Chapter 8 / Section 11-8-13
Finding of slum area or blighted area required before approval of project
Status: in_force

A municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined such area to be a slum area or a blighted area or a combination thereof and designated such area as appropriate for an urban renewal project.

Source: SL 1966, ch 149, § 7 (1).
S.D. Codified Laws § 11-7-85 — SD Code / Title 11 / Chapter 7 / Section 11-7-85
Performance bond required of purchaser or lessee of redevelopment property
Status: in_force

The commission may in its discretion require a purchaser or a lessee to furnish a performance bond as security for its fulfillment of the agreement with the commission. The performance bond shall have such surety and be in such form and amount as the commission may approve.

Source: SL 1950 (SS), ch 13, § 19, subdiv 5; SDC Supp 1960, § 45.3619 (5).
S.D. Codified Laws § 11-7-20 — SD Code / Title 11 / Chapter 7 / Section 11-7-20
Delegation of powers and duties by commission
Status: in_force

A commission shall have power to delegate to one or more of its agents or employees such powers or duties as it may deem proper.

Source: SL 1950 (SS), ch 13, § 7, subdiv 1 (3); SDC Supp 1960, § 45.3607 (1) (c).
S.D. Codified Laws § 11-6-10 — SD Code / Title 11 / Chapter 6 / Section 11-6-10
Territorial extent of powers granted by chapter--Electrical service areas not affected
Status: in_force

The legislative body of an incorporated municipality and a board of county commissioners may jointly exercise the comprehensive planning and zoning powers granted in this chapter and chapters 11-2 and 11-4 in a joint jurisdictional area beyond the municipal corporate limits. The joint jurisdictional area, not to exceed six miles, shall be delineated in a comprehensive plan but in no instance may the area extend beyond a line equidistant from the corporate limits of any other municipality unless otherwise agreed to by a majority vote of the governing body of each municipality having a planning commission. Nothing contained in this chapter may be construed to amend or repeal any provisions of chapter 49-34A .

The county and city planning commissions shall meet jointly and hold at least one public hearing on the comprehensive plan. Notice of the time and place of the hearing shall be given once by either the city or county at least ten days in advance by publication in a legal newspaper. Following the public hearing, each planning commission shall submit a recommendation to their respective governing body.

Source: SDC Supp 1960, § 45.3305 as added by SL 1966, ch 145; SL 1975, ch 116, § 5; SL 2003, ch 77, § 3.
S.D. Codified Laws § 11-4-2 — SD Code / Title 11 / Chapter 4 / Section 11-4-2
Division of municipality into districts--District regulations--Uniformity within district
Status: in_force

For any or all of said purposes the governing body may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

Source: SL 1927, ch 176, § 2; SDC 1939, § 45.2602.
S.D. Codified Laws § 11-2-6 — SD Code / Title 11 / Chapter 2 / Section 11-2-6
Grants from and agreements with federal and state agencies
Status: in_force

Any county providing for county planning activities may receive grants - in - aid from or enter into reasonable agreements with any department or agency of the government of the United States or State of South Dakota, to arrange for the receipt of federal or state funds in the interest of furthering the planning program.

Source: SL 1967, ch 20, § 7.
S.D. Codified Laws § 11-7-41 — SD Code / Title 11 / Chapter 7 / Section 11-7-41
Power to make expenditures
Status: in_force

A commission shall have further power to make such expenditures as may be necessary to carry out the purposes of this chapter.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (16); SDC Supp 1960, § 45.3607 (3) (p).
S.D. Codified Laws § 11-12-2 — SD Code / Title 11 / Chapter 12 / Section 11-12-2
Location of adult oriented business restricted--Violation as misdemeanor
Status: in_force

No adult oriented business established after June 30, 2008, may be located within one-fourth mile of a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence, or a place of worship. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence, or a place of worship. An adult oriented business lawfully operating in conformity with this section does not violate this section if a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence, or a place of worship subsequently locates within one-fourth mile of the adult oriented business. A violation of this section is a Class 1 misdemeanor. Each day of violation constitutes a separate offense.

Source: SL 2008, ch 61, § 1.
S.D. Codified Laws § 11-7-53 — SD Code / Title 11 / Chapter 7 / Section 11-7-53
Approval by governing body required for low-rent housing project
Status: in_force

A commission may not initiate any low - rent housing project or enter into any contract with respect thereto unless the governing body of the municipality or the county as applicable has by resolution approved the provision of that specific low - rent housing project.

Source: SL 1950 (SS), ch 13, § 11; SDC Supp 1960, § 45.3611 (1); SL 1967, ch 225, § 1; SL 1968, ch 186, § 7; SL 1969, ch 184, § 1; SL 1987, ch 117, § 1.
S.D. Codified Laws § 11-8-53 — SD Code / Title 11 / Chapter 8 / Section 11-8-53
Disclosure by urban renewal official or employee of interest in property involved--Disqualification from participation in agency action--Violation as misconduct in office
Status: in_force

If any official, commissioner, or employee referred to in § 11-8-52 presently owns or controls or owned or controlled within the preceding two years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official, commissioner, or employee shall not participate in any action by the municipality (or board or commission thereof), housing authority, or urban renewal agency affecting such property. Any disclosure required to be made by this section to the local governing body shall concurrently be made to a housing authority or urban renewal agency which has been vested with urban renewal powers by the municipality pursuant to the provisions of §§ 11-8-38 and 11-8-39 . Any violation of the provisions of this section shall constitute misconduct in office.

Source: SL 1966, ch 149, § 20.
S.D. Codified Laws § 11-8-66 — SD Code / Title 11 / Chapter 8 / Section 11-8-66
Power to issue bonds for urban renewal projects--Refunding bonds
Status: in_force

A municipality shall have power to issue bonds from time to time in its discretion to finance the undertaking of any urban renewal project under this chapter, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans or preliminary loans, and shall also have power to issue refunding bonds for the payment or retirement of such bonds previously issued by it.

Source: SL 1966, ch 149, § 11.
S.D. Codified Laws § 11-14-8 — SD Code / Title 11 / Chapter 14 / Section 11-14-8
Actions of board--Scope of review
Status: in_force

The board of appeals may, in conformity with the provisions of chapter 50-10 , reverse or affirm, wholly or partially, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-20 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-10-10 — SD Code / Title 11 / Chapter 10 / Section 11-10-10
Builder's energy efficiency disclosure statement
Status: in_force

The disclosure form required in § 11-10-8 shall read as follows:

Part 1. Builder shall provide the following information about the new residential building:

Part 2. Builder shall describe the following energy efficiency elements of the new residential building:

Actual

2009 IECC*

2009 IECC*

Value

Zone 5

Zone 6

Wall Insulation R-Value

________

R-20 (or R-13

R-20 (or R-13

cavity + R-5 insulated

cavity + R-5 insulated

sheathing)

sheathing)

Attic Insulation R-Value

________

R-38

R-49

Foundation Insulation R-Value

Basement Walls

________

R-10/13**

R- 15-19 **

Crawlspace Walls

________

R-10/13**

R-10/13**

Slab-on-Grade

________

R-10, 2 ft. depth

R-10, 4 ft. depth

Floors over Unheated Spaces

________

R-30

R-30

Window U-Value

________

0.35

0.35

Door U-Value

________

0.35***

0.35***

Part 3. Builder shall provide the following information about equipment:

Part 4. Builder's Notes and Comments:

Source: SL 2009, ch 63, § 4; SL 2011, ch 72, § 6.
S.D. Codified Laws § 11-8-54 — SD Code / Title 11 / Chapter 8 / Section 11-8-54
Temporary operation and maintenance of urban renewal property by municipality
Status: in_force

A municipality may temporarily operate and maintain real property acquired by it in an urban renewal area for or in connection with an urban renewal project pending the disposition of the property as authorized in this chapter, without regard to the provisions of §§ 11-8-55 to 11-8-59 , inclusive, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan.

Source: SL 1966, ch 149, § 10 (3).
S.D. Codified Laws § 11-9-17.2 — SD Code / Title 11 / Chapter 9 / Section 11-9-17.2
Fiscal feasibility review--Contents--Advisory in nature--Available to public--Time for submission
Status: in_force

A fiscal feasibility review required pursuant to § 11-9-17.1 :

(1) Must contain:

(a) A description of the project plan, proposed district boundaries, and estimated project costs;

(b) An analysis of the tax increment base and the projected tax increment valuation for the anticipated duration of the district;

(c) An evaluation of whether the projected tax increment revenue is sufficient to pay the project costs and any other obligation proposed to be paid from the revenue;

(d) An analysis of the timing of projected revenue relative to anticipated expenditures or debt service requirements;

(e) A discussion of material financial risks to the feasibility of the project plan;

(f) A statement identifying material assumptions, limitations, and reliance on information from other third persons; and

(g) A conclusion stating whether, based on the assumptions and analyses described in the report, the project plan is reasonably feasible from a financing standpoint;

(2) Is advisory in nature and does not constitute a guarantee of project completion, revenue, or valuation;

(3) Does not relieve the governing body of the responsibility to evaluate the project plan; and

(4) Must be completed and made available to the governing body and the public at least fourteen days prior to the governing body's consideration of the resolution establishing the district.

Source: SL 2026, ch 58, § 16.
S.D. Codified Laws § 11-9-36 — SD Code / Title 11 / Chapter 9 / Section 11-9-36
Bonds payable only from special fund
Status: in_force

Tax increment bonds are payable only out of the special fund created under § 11-9-31 . Each bond must state that the bond is only payable out of the special fund and that the bond does not constitute a general indebtedness of the political subdivision or a charge against the general taxing power of the political subdivision.

Source: SL 1978, ch 91, §§ 21, 24; SL 1983, ch 37, § 10; SL 2011, ch 73, § 13; SL 2018, ch 70, § 37; SL 2024, ch 45, § 16.
S.D. Codified Laws § 11-7-53.1 — SD Code / Title 11 / Chapter 7 / Section 11-7-53.1
Housing development project--Necessity--Eminent domain requirements--Sale or lease of interest to private developers--Sale or lease for other purposes--Power of commission
Status: in_force

Before carrying out a housing development project, a commission shall find that the project is necessary to alleviate a shortage of decent, safe, and sanitary housing for persons of low or moderate income and their families as such income is determined by the commission. No housing development project involving the use of the power of eminent domain may be carried out by a commission without the prior approval of the governing body of the municipality in which the project is located. A housing development project or any interest in the housing development project may be sold or leased to private developers before, during, or after the completion of construction of improvements on the project. The sale or lease shall be in accordance with the provisions of this chapter, except that any provisions requiring conformance to a redevelopment plan are not applicable. The sale or lease may be made for other than housing purposes if the commission finds that changed circumstances arising subsequent to the acquisition of the project make a sale or lease for housing purposes inappropriate. Nothing in this section limits the power of the commission to acquire or dispose of real property pursuant to this chapter, except that any exercise of the power of eminent domain may not be carried out by an authority without the prior approval of the governing body of the municipality in which the housing development project is located. The authority may transfer such real property in accordance with this chapter before, during, or after the completion of construction, rehabilitation, or improvements on the property.

Source: SL 1995, ch 80, § 2.
S.D. Codified Laws § 11-2-26 — SD Code / Title 11 / Chapter 2 / Section 11-2-26
Continuance of nonconforming uses permitted--Discontinuance
Status: in_force

Any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupation does not conform to the provisions of the ordinance. However, if the nonconforming use, lot, or occupancy is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall conform with the zoning ordinance.

Source: SL 1941, ch 216, § 8; SDC Supp 1960, § 12.20A08; SL 1967, ch 20, § 12; SL 2000, ch 69, § 36.
S.D. Codified Laws § 11-2-27 — SD Code / Title 11 / Chapter 2 / Section 11-2-27
Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses
Status: in_force

The board may by resolution as provided in § 11-2-25 prescribe such regulations not contrary to law or § 11-2-26 , as it deems desirable or necessary to regulate and control, or reduce the number or extent of or bring about the gradual elimination of nonconforming uses, lots, or occupancies. However, in accordance with the provisions of § 11-2-26 , any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the zoning ordinance. If the use, lot, or occupancy is discontinued for more than one year, the board may adopt, after notice by registered or certified mail to the property owners, an amortization schedule to bring about the gradual elimination of the nonconforming use, lot, or occupancy.

Source: SL 1967, ch 20, § 12; SL 1975, ch 113, § 16; SL 2000, ch 69, § 37.
S.D. Codified Laws § 11-11-77 — SD Code / Title 11 / Chapter 11 / Section 11-11-77
Other funds created by authority
Status: in_force

The authority shall create and establish such other fund or funds as may be necessary or desirable for its corporate purposes.

Source: SL 1973, ch 180, § 41; SDCL Supp, § 28-19-68.
S.D. Codified Laws § 11-2-3.2 — SD Code / Title 11 / Chapter 2 / Section 11-2-3.2
Per diem and expenses of commission
Status: in_force

Per diem and expenses of the county planning commission shall be established by the board of county commissioners and paid by the county.

Source: SL 1977, ch 104, § 19.
S.D. Codified Laws § 11-8-34 — SD Code / Title 11 / Chapter 8 / Section 11-8-34
Power of public bodies to assist in urban renewal projects--Enforcement of agreements by successor to municipality
Status: in_force

For the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project and related activities authorized by this chapter, any public body may, upon such terms, with or without consideration, as it may determine:

(1) Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to a municipality;

(2) Incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section and §§ 11-8-35 to 11-8-37 , inclusive;

(3) Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan and related activities;

(4) Lend, grant, or contribute funds to a municipality, and borrow money and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, county, or other public body, or from any other source;

(5) Enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with the federal government, a municipality or other public body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds or other assistance in connection with an urban renewal project and related activities;

(6) Cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake to be furnished;

(7) Furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways, or other places;

(8) Plan or replan, zone or rezone any part of the public body or make exceptions from building regulations; and

(9) Cause administrative and other services to be furnished to the municipality.

Source: SL 1966, ch 149, § 14 (1).
S.D. Codified Laws § 11-11-53 — SD Code / Title 11 / Chapter 11 / Section 11-11-53
Notes and bonds as general obligations of authority--Exception
Status: in_force

Except as may otherwise be expressly provided by resolution of the authority, every issue of its notes and bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

Source: SL 1973, ch 180, § 28; SDCL Supp, § 28-19-44.
S.D. Codified Laws § 11-2-54 — SD Code / Title 11 / Chapter 2 / Section 11-2-54
Board of adjustment--Rules
Status: in_force

The board of adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter.

Source: SL 2000, ch 69, § 24.
S.D. Codified Laws § 11-11-152 — SD Code / Title 11 / Chapter 11 / Section 11-11-152
Interest rates on which loans made--Additional charges
Status: in_force

The authority shall have authority to set from time to time the interest rates at which it shall make loans and commitments therefor. Such interest rates shall be established by the authority at the lowest level consistent with the authority's cost of operation and its responsibilities to the holders of its bonds, bond anticipation notes, and other obligations. In addition to such interest charges, the authority may make and collect such fees and charges, including but not limited to reimbursement of the authority's financing costs, service charges, insurance premiums, and mortgage insurance premiums, as the authority determines to be reasonable.

Source: SL 1973, ch 180, § 19 (4); SDCL Supp, § 28-19-130.
S.D. Codified Laws § 11-5-9 — SD Code / Title 11 / Chapter 5 / Section 11-5-9
Firearms regulation--Homeowner association restriction unenforceable
Status: in_force

A homeowner's association may not include or enforce a provision in a governing document that prohibits, restricts, or has the effect of prohibiting or restricting the lawful:

(1) Possession, transportation, or storing of a firearm, any part of a firearm, or firearm ammunition; or

(2) Discharge of a firearm.

For the purposes of this section, the term "governing documents" means a written instrument by which a homeowners' association may exercise power to manage, maintain, or otherwise affect the property under the jurisdiction of the homeowners' association.

For the purposes of this section, the term "homeowners' association" means any incorporated or unincorporated association in which membership is based upon owning or possessing an interest in real property and that has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.

Source: SL 2024, ch 42, § 1.
S.D. Codified Laws § 11-8-28 — SD Code / Title 11 / Chapter 8 / Section 11-8-28
Arrangement for services, repairs, and construction--Enforcement of federal labor standard requirements
Status: in_force

Every municipality shall have the power to provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with an urban renewal project; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project and related activities, and to include in any contract let in connection with such a project and related activities, provisions to fulfill such of said conditions as it may deem reasonable and appropriate.

Source: SL 1966, ch 149, § 8 (2).
S.D. Codified Laws § 11-9-23 — SD Code / Title 11 / Chapter 9 / Section 11-9-23
Project plan amendment--Redetermination of tax increment base--Exclusion
Status: in_force

Except as provided in this section, if the municipality adopts an amendment to the original project plan for any district that includes additional project costs for which tax increments may be received by the municipality, the tax increment base for the district must be redetermined pursuant to § 11-9-20 . The tax increment base as redetermined under this section is effective for the purposes of this chapter only if it exceeds the original tax increment base determined pursuant to § 11-9-20 .

The provisions of this section do not apply if the additional project costs are twenty-five percent or less than the amount approved in the original project plan and the additional project costs will be incurred before the expiration of the period specified in § 11-9-13 .

Source: SL 1978, ch 91, § 12; SL 2016, ch 74, § 1; SL 2018, ch 70, § 25; SL 2026, ch 58, § 12.
S.D. Codified Laws § 11-7-100 — SD Code / Title 11 / Chapter 7 / Section 11-7-100
Recital in bond conclusive as to purpose
Status: in_force

In any suit, action, or proceeding involving the validity or enforceability of any bond of a commission or the security therefor, any such bond reciting in substance that it has been issued by the commission to aid in financing a project, as defined in § 11-7-1 , shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of this chapter.

Source: SL 1950 (SS), ch 13, § 22; SDC Supp 1960, § 45.3622.
S.D. Codified Laws § 11-8-22 — SD Code / Title 11 / Chapter 8 / Section 11-8-22
Municipal power to carry out projects and related activities--Contracts and instruments--Dissemination of information
Status: in_force

Every municipality shall have the power to undertake and carry out urban renewal projects and related activities within its area of operation; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter; and to disseminate slum clearance and urban renewal information.

Source: SL 1966, ch 149, § 8 (1).
S.D. Codified Laws § 11-15-9 — SD Code / Title 11 / Chapter 15 / Section 11-15-9
Major metropolitan airport loan--Purpose--Maximum amount--Public hearing--Repayment
Status: in_force

In addition to any other loan authorized in § 11-15-2 , the authority may provide loans from the South Dakota housing infrastructure fund, created in § 11-15-2 , to the owner or operator of an airport with scheduled air service located in this state and in a metropolitan statistical area with an estimated annual resident population of at least one hundred twenty-five thousand, determined as of July 1, 2024, by the United States Census Bureau.

Loans provided under this section:

(1) Are for the purpose of improving or maintaining airport infrastructure;

(2) May not exceed fifteen million dollars per recipient; and

(3) Are subject to the terms set forth in § 11-15-10 .

The authority shall consider, and authorize or deny, any loan requested pursuant to this section at a public meeting held pursuant to chapter 1-25 .

All moneys received by the authority in repayment of a loan made pursuant to this section must be deposited in the South Dakota housing infrastructure fund and used for making new loans pursuant to § 11-15-2 .

Source: SL 2026, ch 62, § 2.
S.D. Codified Laws § 11-14-12 — SD Code / Title 11 / Chapter 14 / Section 11-14-12
Jurisdiction of court--Further proceedings by board of appeals
Status: in_force

The circuit court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review pursuant to § 11-14-11 , in whole or in part, and if need be, to order further proceedings by the board of appeals.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (4); SDCL § 50-10-24 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-11-50 — SD Code / Title 11 / Chapter 11 / Section 11-11-50
Refunding of notes and bonds
Status: in_force

The authority shall have the power, from time to time, to issue:

(1) Notes to renew notes; and

(2) Bonds to pay notes

Source: SL 1973, ch 180, § 27; SDCL Supp, § 28-19-41.
S.D. Codified Laws § 11-7-7.2 — SD Code / Title 11 / Chapter 7 / Section 11-7-7.2
Dissolution of municipal commission to participate in county commission--Transfer of rights, property, and obligations
Status: in_force

The governing body of any first or second class municipality may, by resolution, dissolve the housing and redevelopment commission of such municipality for the purpose of electing to participate in a county housing and redevelopment commission. Upon the adoption of such a resolution the city housing and redevelopment commission shall cease to exist, except for the purpose of winding up its affairs and executing a deed to the county housing and redevelopment commission. All the rights, contracts, obligations, and property, real and personal, of the city housing and redevelopment commission shall be transferred to and become vested in the county housing and redevelopment commission, provided that all bonded indebtedness issued by the city housing and redevelopment commission shall remain a lien against the income and revenues of the housing project pledged to the payment of such bonds. All rights and remedies of any person against the city housing and redevelopment commission may be asserted and enforced against the county housing and redevelopment commission to the same extent as they might have been against the city housing and redevelopment commission.

Source: SL 1972, ch 74, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-2-41 — SD Code / Title 11 / Chapter 2 / Section 11-2-41
Verified petition--Signatures required--Filing--Proposal by board resolution--Notice--Hearing
Status: in_force

The application for establishment or enlargement of a special zoning area shall be a petition verified by one or more applicants, by affidavit stating that the affiant personally witnessed the signatures on the petition and believe the signatures to be genuine, and shall be subscribed by not less than one-third of the whole number of qualified voters residing within the proposed special zoning area. The petition shall be filed with the county auditor and presented to the board for consideration at its next meeting. If the board chooses to propose the establishment or enlargement of a special zoning area on its own initiative, the board may by resolution propose the establishment or enlargement of the special zoning area at any regular meeting of the board. After the board has adopted a resolution proposing the establishment or enlargement of a special zoning area, the board shall publish notice and hold a public hearing on the question as provided in §§ 11-2-43 and 11-2-47 .

Source: SL 1977, ch 104, § 11; SL 2000, ch 69, § 46; SL 2006, ch 63, § 5; SL 2011, ch 69, § 5.
S.D. Codified Laws § 11-7-34 — SD Code / Title 11 / Chapter 7 / Section 11-7-34
Power to make and disseminate housing and economic studies and analyses
Status: in_force

A commission shall have further power to undertake and carry out studies and analyses of the housing and redevelopment needs within its area of operation and of the meeting of these needs (including data with respect to population and family groups and the distribution thereof according to income groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages, desirable patterns for land use and community growth, and other factors affecting the local housing and redevelopment needs and the meeting thereof) and to make the results of those studies and analyses available to the public and the building, housing, and supply industries; and to engage in research and disseminate information on housing and redevelopment.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (9); SDC Supp 1960, § 45.3607 (3) (i).
S.D. Codified Laws § 11-7-95 — SD Code / Title 11 / Chapter 7 / Section 11-7-95
Submission of bonds for examination by attorney general--Certification of validity
Status: in_force

A commission may submit to the attorney general of the state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such bonds and proceedings conform to the provisions of this chapter and are otherwise regular in form and if such bonds when delivered and paid for will constitute binding and legal obligations enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of said bonds that it is issued in accordance with the Constitution and laws of the State of South Dakota.

Source: SL 1950 (SS), ch 13, § 27; SDC Supp 1960, § 45.3627.
S.D. Codified Laws § 11-8-32 — SD Code / Title 11 / Chapter 8 / Section 11-8-32
Coordination of urban renewal activities--Organization of municipal government
Status: in_force

Every municipality shall have the power, within its area of operation, to organize, coordinate, and direct the administration of the provisions of this chapter as they apply to such municipality in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such municipality may be most effectively promoted and achieved, and to establish such new office or offices of the municipality or to reorganize existing offices in order to carry out such purpose most effectively.

Source: SL 1966, ch 149, § 8 (11).
S.D. Codified Laws § 11-11-73 — SD Code / Title 11 / Chapter 11 / Section 11-11-73
Transfer to other funds of capital reserve fund income
Status: in_force

Any income or interest earned by, or increment to, any capital reserve fund due to the investment thereof may be transferred by the authority to other funds or accounts of the authority to the extent it does not reduce the amount of such capital reserve fund below the maximum capital reserve fund requirement for such fund.

Source: SL 1973, ch 180, § 38; SDCL Supp, § 28-19-64.
S.D. Codified Laws § 11-11-17 — SD Code / Title 11 / Chapter 11 / Section 11-11-17
Removal of commissioner from office
Status: in_force

A commissioner shall be removed from office by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and public hearing unless such notice or hearing shall be expressly waived in writing.

Source: SL 1973, ch 180, § 4; SDCL Supp, § 28-19-16.
S.D. Codified Laws § 11-11-180 — SD Code / Title 11 / Chapter 11 / Section 11-11-180
General power to make rules and regulations
Status: in_force

The authority shall have the power, as necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, to make and publish rules and regulations respecting its lending programs and such other rules and regulations as are necessary to effectuate its corporate purposes.

Source: SL 1973, ch 180, § 12 (20); SDCL Supp, § 28-19-158.
S.D. Codified Laws § 11-8-29.1 — SD Code / Title 11 / Chapter 8 / Section 11-8-29.1
Appropriations by municipality to finance projects
Status: in_force

A municipality may appropriate funds to finance the undertaking of any urban renewal project authorized by this chapter.

Source: SL 1969, ch 193; SL 1978, ch 62, § 24.
S.D. Codified Laws § 11-11-181 — SD Code / Title 11 / Chapter 11 / Section 11-11-181
Annual report by authority to Governor and Legislature
Status: in_force

The authority shall submit to the Governor and the Legislature within one hundred fifty days of the close of its fiscal year a complete and detailed report setting forth:

(1) Its operations and accomplishments;

(2) Its receipts and expenditures during the fiscal year in accordance with the categories or classifications established by the authority for its operating and capital outlay purposes;

(3) Its assets and liabilities at the end of its fiscal year, including a schedule of its mortgage loans and commitments and the status of reserve, special, or other funds; and

(4) A schedule of its notes and bonds outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during the fiscal year.

Source: SL 1973, ch 180, § 48; SDCL Supp, § 28-19-159; SL 2003, ch 79, § 1.
S.D. Codified Laws § 11-2-24.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-24.1
Approval by failure of planning commission to act in time--Exception if longer period granted
Status: in_force

The failure of the planning commission to act within sixty - five days from and after the date of official submission to it under the provisions of § 11-2-24 , shall be deemed approval, unless a longer period be granted by the board or other submitting official.

Source: SL 1975, ch 113, § 14.
S.D. Codified Laws § 11-2-15 — SD Code / Title 11 / Chapter 2 / Section 11-2-15
Highway, road and street maps--Features included--Setbacks
Status: in_force

The regulations may include maps for highways, roadways, parkways, roads, and streets showing the exact alignments, gradients, dimensions, and other pertinent features, and including specific controls for setbacks from the right - of - way against encroachment by buildings or other physical structures or facilities.

Source: SL 1967, ch 20, § 3 (3); SL 2000, ch 69, § 6.
S.D. Codified Laws § 11-2-16 — SD Code / Title 11 / Chapter 2 / Section 11-2-16
Maps for public buildings and facilities--Protection of future sites
Status: in_force

The regulations may include maps for other public facilities such as parks, playgrounds, schools, and other public buildings showing exact location, size, boundaries, and other related features including appropriate regulations protecting such future sites against encroachment by buildings and other physical structures or facilities.

Source: SL 1967, ch 20, § 3 (4); SL 2000, ch 69, § 7.
S.D. Codified Laws § 11-11-144 — SD Code / Title 11 / Chapter 11 / Section 11-11-144
Provisions governing loans and other financing to sponsors of multifamily units and day-care facilities
Status: in_force

Mortgage loans and other financing made by the authority to housing sponsors of multifamily residential housing units and sponsors of day-care facilities shall be subject to the terms and conditions set forth in §§ 11-11-148 to 11-11-161 , inclusive, as applicable.

Source: SL 1973, ch 180, § 19; SDCL Supp, § 28-19-125; SL 1995, ch 80, § 18.
S.D. Codified Laws § 11-4-25.2 — SD Code / Title 11 / Chapter 4 / Section 11-4-25.2
Expedited determinations
Status: in_force

Upon filing of a petition for writ of certiorari, the court shall expedite any petition determination. Within thirty days of the filing of the response and the record, or as soon as reasonably practicable, the court shall schedule and hold a hearing on the matter to determine the merits, and the cause shall be speedily heard and determined.

Source: SL 2021, ch 55, § 13.
S.D. Codified Laws § 11-8-41 — SD Code / Title 11 / Chapter 8 / Section 11-8-41
Appointment and terms of office of commissioners of urban renewal agency
Status: in_force

If the urban renewal agency is authorized to transact business and exercise powers hereunder, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency which shall consist of not less than five, nor more than nine commissioners, which number shall be determined by the local governing body. The term of office of each such commissioner shall be one year.

Source: SL 1966, ch 149, § 17 (2); SL 1991, ch 113.
S.D. Codified Laws § 11-10-6 — SD Code / Title 11 / Chapter 10 / Section 11-10-6
New construction standards--No building code ordinance--International Building Code applied--Exclusions
Status: in_force

The design standard for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building commenced after July 1, 2026, within the boundaries of any local unit of government that has not adopted an ordinance prescribing the standards pursuant to § 11-10-5 , must be based on the 2024 edition of the International Building Code as published by the International Code Council, Incorporated. Each local unit of government may adopt an ordinance allowing local administration and enforcement of the design standard.

The provisions of this section do not apply to any residential structure as defined in § 11-10-12 , mobile or manufactured home, or farmstead and any accessory structure or building thereto.

For purposes of this section, "farmstead" means a farm or ranch, including any structure or building located on the land.

The provisions of this section do not apply to any mobile or manufactured home, as defined in chapter 32-7A , which is used for purposes other than residential and which is constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction, if the structure complies with applicable accessibility standards for the occupancy intended. The provisions of this section do not apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2024 edition of the International Building Code.

Source: SL 2009, ch 62, § 1; SL 2010, ch 73, § 2; SL 2012, ch 77, § 2; SL 2015, ch 73, § 2; SL 2018, ch 71, § 2; SL 2021, ch 59, § 2; SL 2022, ch 35, § 2; SL 2026, ch 59, § 2.
S.D. Codified Laws § 11-6-24 — SD Code / Title 11 / Chapter 6 / Section 11-6-24
Recommendation and adoption of building and setback regulations--Public hearing and notice required
Status: in_force

From and after the time when the city council of any municipality shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of the making and adoption of a major street plan, the planning commission may recommend and the city council is hereby authorized and empowered by ordinance to establish, regulate, and limit, and to change and amend, building or setback lines on such streets and to prohibit any new building being located within such building or setback lines. The regulations authorized by this section shall not be adopted, changed, or amended until a public hearing has been held thereon, following the same notice as provided in § 11-6-17 .

Source: SL 1949, ch 198, § 10; SDC Supp 1960, § 45.3310; SL 1966, ch 145; SL 1975, ch 116, § 14.
S.D. Codified Laws § 11-6-18.2 — SD Code / Title 11 / Chapter 6 / Section 11-6-18.2
Summary of city council action to be published--Notice of public inspection
Status: in_force

A summary of the action of the city council shall be prepared by the city finance officer, auditor, clerk, or planning commission, reviewed by the city attorney, and published once in a legal newspaper of the municipality and take effect on the twentieth day after its publication. Any summary published under the provisions of this chapter shall contain a notification that the public may inspect the entire comprehensive plan or any part, adjunct, amendment, or additions to the comprehensive plan at the office of the city auditor or clerk during regular business hours.

Source: SL 1975, ch 116, § 12; SL 1992, ch 60, § 2; SL 1999, ch 65, § 15; SL 2012, ch 54, § 3.
S.D. Codified Laws § 11-7-84 — SD Code / Title 11 / Chapter 7 / Section 11-7-84
Modification of redevelopment plans--Consent of lessee or purchaser required
Status: in_force

A redevelopment plan may be modified at any time by the commission with the approval of the governing body of the municipality or the county, provided that if modified after the lease or sale of the redevelopment project or parts thereof, the modification must be consented to by the lessee or purchaser of the property affected by the proposed modification.

Source: SL 1950 (SS), ch 13, § 19, subdiv 4; SDC Supp 1960, § 45.3619 (4); SL 1968, ch 186, § 10.
S.D. Codified Laws § 11-3-4 — SD Code / Title 11 / Chapter 3 / Section 11-3-4
Certification, acknowledgment and recording of plats
Status: in_force

Every plat provided for in this chapter shall be certified by the registered land surveyor, who shall attach an official seal thereto as specified in § 36-18A-45 as being in all respects correct. The landowner, or the landowner's duly authorized agent, shall certify that the plat has been made at the request and under the direction of the landowner for the purposes indicated therein, that he or she is the owner of all the land included therein, and that development of this land shall conform to all existing applicable zoning, subdivision and erosion and sediment control regulations. The landowner certification shall be acknowledged before some officer authorized to take the acknowledgment of deeds and, with the certificate of such acknowledgment, shall be endorsed on or attached to the plat and be recorded as a part thereof in the office of the register of deeds of the proper county.

No such plat may be recorded until all the provisions of this section have been fully complied with, and upon certification and recordation shall be used as the legal description as provided by § 43-21-4 for all purposes, including constructive notice.

Source: SDC 1939, § 45.2804; SL 1967, ch 224, § 1; SL 1979, ch 93, § 5; SL 1981, ch 117; SL 1988, ch 127; SL 1997, ch 73, § 1.
S.D. Codified Laws § 11-8-40 — SD Code / Title 11 / Chapter 8 / Section 11-8-40
Urban renewal agency created--Finding and election required before exercise of powers
Status: in_force

There is hereby created in each municipality a public body corporate and politic to be known as the "urban renewal agency" of the municipality; provided, however, that such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has made the finding prescribed in § 11-8-8 and has elected to have the urban renewal powers exercised by an urban renewal agency as provided in §§ 11-8-38 and 11-8-39 .

Source: SL 1966, ch 149, § 17 (1).