S.D. Codified Laws § 11-6-18 — SD Code / Title 11 / Chapter 6 / Section 11-6-18
Vote required for adoption of plan--Notice and hearing--Reference to maps and descriptive matters--Signature of mayor--Ordinance subject to publication and protest provisions
Status: in_force

The adoption by the municipal council of the plan or any part, amendment or additions, shall, following the same type of notice and public hearing as required by § 11-6-17 , be by resolution carried by the affirmative votes of not less than a majority of all the members of the council. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the council to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof, by the identifying signature of the mayor of the municipality. If a zoning ordinance is included as an adjunct to the comprehensive plan, or any part, amendment or addition, that zoning ordinance shall be subject to the provisions of § 11-4-5 .

Source: SL 1949, ch 198, § 7; SDC Supp 1960, § 45.3307; SL 1966, ch 145; SL 1975, ch 116, § 11.
S.D. Codified Laws § 11-11-31 — SD Code / Title 11 / Chapter 11 / Section 11-11-31
Research and development
Status: in_force

The authority may conduct research and promote development in housing, building technology, and related fields.

Source: SL 1973, ch 180, § 12 (13); SDCL Supp, § 28-19-28; SL 2012, ch 78, § 14.
S.D. Codified Laws § 11-8-25 — SD Code / Title 11 / Chapter 8 / Section 11-8-25
Acquisition and demolition of property prior to approval of plan--Losses when property not incorporated in project
Status: in_force

Every municipality shall have the power, with the approval of the local governing body, prior to approval of an urban renewal plan, or approval of any modifications of the plan, to acquire real property in an urban renewal area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses; and to assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this section in the event that the real property is not made part of the urban renewal project.

Source: SL 1966, ch 149, § 8 (4).
S.D. Codified Laws § 11-7-21.1 — SD Code / Title 11 / Chapter 7 / Section 11-7-21.1
Power to manage subsidized housing projects
Status: in_force

A commission shall have further power to provide management services for federal or state subsidized housing projects irrespective of whether tenants in said projects qualify under subdivision 11-7-59(3).

Source: SL 1974, ch 113.
S.D. Codified Laws § 11-11-38 — SD Code / Title 11 / Chapter 11 / Section 11-11-38
Annual informational budget required--Inclusion in Governor's budget report
Status: in_force

In addition to the reporting requirements imposed by § 11-11-181 , the authority shall annually submit an informational budget to the Governor through the Bureau of Finance and Management in accordance with § 4-7-7.2 . The informational budget submitted by the authority shall be submitted to the Legislature by the Governor in the budget report required by § 4-7-9 .

Source: SL 1978, ch 213, § 1; SDCL Supp, § 28-19-34.1.
S.D. Codified Laws § 11-4-20 — SD Code / Title 11 / Chapter 4 / Section 11-4-20
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 shall file a certificate that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise 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 1927, ch 176, § 7; SDC 1939, § 45.2607; SL 2016, ch 71, § 8.
S.D. Codified Laws § 11-15-3 — SD Code / Title 11 / Chapter 15 / Section 11-15-3
Distribution of monies--Limitation
Status: in_force

The authority shall distribute monies from the South Dakota housing infrastructure fund, created in § 11-15-2 , as follows:

(1) Thirty percent for housing infrastructure in municipalities having a population of fifty thousand or more; and

(2) Seventy percent for housing infrastructure in all other areas of the state.

The authority may not provide both a grant and loan from the South Dakota housing infrastructure fund for the same housing infrastructure project located in a municipality having a population of fifty thousand or more.

Source: SL 2023, ch 41, § 10, eff. Feb. 1, 2023.
S.D. Codified Laws § 11-11-1 — SD Code / Title 11 / Chapter 11 / Section 11-11-1
Legislative findings
Status: in_force

It is hereby declared:

(1) That there exists within this state a serious shortage of sanitary, decent, and safe residential housing at prices or rentals which people of the state can afford; that this shortage has contributed to and will contribute to the creation and persistence of slums, blight, and substandard housing; that this shortage has been a major contributing factor to the deterioration of the quality of the environment and living conditions of large numbers of persons and families in this state and that this shortage is inimical to the health, welfare, and prosperity of the residents of this state;

(2) That it is imperative that the supply of residential housing for persons and families displaced by public actions or natural disaster be increased;

(3) That individual communities are often unable to meet local housing needs;

(4) That private enterprise and investment have been unable, without assistance, to produce the needed new construction or rehabilitation of sanitary, decent, and safe residential housing and to provide sufficient long - term mortgage financing for this purpose and for the purchase of existing residential housing by persons and families entering the housing market, when it becomes available;

(5) That private enterprise and investment be encouraged both to sponsor land development and build and rehabilitate residential housing and that private financing be supplemented by financing as provided in this chapter for the construction, rehabilitation, and purchase of such housing, in order to help prevent the creation and recurrence of slum conditions and substandard housing and to assist in their permanent elimination throughout South Dakota;

(6) That it is to the economic benefit of the state to encourage the availability of adequate housing for all levels of society;

(7) That there exists within this state a serious shortage of facilities providing for the group care and supervision of children, physically or mentally impaired adults and aged adults for short periods of time as a supplement to regular parental or other care at prices which people of the state can afford; that the shortage of such facilities has hindered job creation and the economic development of the state; that private enterprise and investment have been unable, without assistance, to produce the construction and rehabilitation of such facilities at affordable prices for the people of the state and provide the necessary financing at affordable rates; and that it is to the economic benefit of the state to facilitate such construction, rehabilitation, and financing.

Source: SL 1973, ch 180, § 1; SDCL Supp, § 28-19-1; SL 1983, ch 106, § 4A; SL 1995, ch 80, § 7.
S.D. Codified Laws § 11-7-102 — SD Code / Title 11 / Chapter 7 / Section 11-7-102
Investment in bonds authorized for public funds, financial institutions, trusts, and fiduciaries
Status: in_force

The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all personal representatives, guardians, trustees, and other fiduciaries may legally invest any moneys or funds belonging to them or within their control in any bonds or other obligations issued by a Housing and Redevelopment Commission created by or pursuant to this chapter, when such bonds or other obligations are secured by a pledge of annual contributions or other financial assistance to be paid by the United States government or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this chapter to authorize any of the foregoing to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing contained in this chapter shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities. The provisions of this chapter shall apply notwithstanding any restrictions on investments contained in other laws.

Source: SL 1950 (SS), ch 15; SDC Supp 1960, § 45.3629; SL 1968, ch 186, § 12.
S.D. Codified Laws § 11-4-26 — SD Code / Title 11 / Chapter 4 / Section 11-4-26
Writ of certiorari to review decision of board--Time of return--Restraining order to stay proceedings
Status: in_force

Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court.

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.

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2608.
S.D. Codified Laws § 11-4-4 — SD Code / Title 11 / Chapter 4 / Section 11-4-4
Notice and hearing of proposed zoning ordinance required
Status: in_force

The governing body may adopt a zoning ordinance. Before adoption or renewal of the ordinance, 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: SDC 1939, § 45.2604; SL 1949, ch 192; SL 1972, ch 72, § 2; SL 1982, ch 60, § 9; SL 1999, ch 65, § 11; SL 2000, ch 69, § 55.
S.D. Codified Laws § 11-7-4 — SD Code / Title 11 / Chapter 7 / Section 11-7-4
"Housing project" defined
Status: in_force

Unless the context clearly indicates otherwise, for the purpose of this chapter, "housing project" means any work or undertaking:

(1) To demolish, clear, or remove buildings from any slum area acquired by the commission; or

(2) To provide decent, safe, and sanitary urban or, in the case of municipalities so small as to be classified rural by federal legislation or regulations adopted thereunder, rural nonfarm dwellings, apartments, or other living accommodations for persons of low income, including veterans and servicemen, and their families; or

(3) To rehabilitate existing dwelling accommodations; or

(4) To accomplish a combination of the foregoing.

Such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, community, health, recreational, welfare, or other purposes. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements and all other work in connection therewith.

Source: SL 1950 (SS), ch 13, § 2; SDC Supp 1960, § 45.3602 (11); SL 1975, ch 118, § 1.
S.D. Codified Laws § 11-8-17 — SD Code / Title 11 / Chapter 8 / Section 11-8-17
Findings required for approval of urban renewal project in open area
Status: in_force

If the urban renewal area consists of an area of open land to be acquired by the municipality, such area shall not be so acquired unless:

(1) If it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or

(2) If it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this chapter, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography, or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.

Source: SL 1966, ch 149, § 7 (4).
S.D. Codified Laws § 11-8-56 — SD Code / Title 11 / Chapter 8 / Section 11-8-56
Property transferred as rapidly as feasible
Status: in_force

Real property acquired by a municipality which, in accordance with the provisions of the urban renewal plan, is to be transferred, shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan.

Source: SL 1966, ch 149, § 10 (1).
S.D. Codified Laws § 11-8-3 — SD Code / Title 11 / Chapter 8 / Section 11-8-3
"Blighted area" defined
Status: in_force

Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "blighted area" shall mean an area which by reason of the presence of a substantial number of slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other cause, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use: provided, that if such blighted area consists of open land the conditions contained in § 11-8-17 shall apply: and provided further, that any disaster area referred to in § 11-8-18 shall constitute a "blighted area."

Source: SL 1966, ch 149, § 2 (9).
S.D. Codified Laws § 11-11-36 — SD Code / Title 11 / Chapter 11 / Section 11-11-36
Execution of necessary instruments
Status: in_force

The authority may make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter.

Source: SL 1973, ch 180, § 12 (6); SDCL Supp, § 28-19-33; SL 2012, ch 78, § 19.
S.D. Codified Laws § 11-11-98 — SD Code / Title 11 / Chapter 11 / Section 11-11-98
Investment of authority funds
Status: in_force

The authority may, subject to any agreement with bondholders, invest moneys of the authority, including proceeds from the sale of any bonds, in:

(1) Direct obligations of or obligations guaranteed as to principal and interest by the United States of America or the State of South Dakota;

(2) Bonds, notes, or other obligations issued by the government national mortgage association, any federal land bank, bank for cooperatives, federal intermediate credit banks, or any or all of the federal farm credit banks, the federal home loan bank system, the federal home loan mortgage corporation, or the federal national mortgage association, or any other federal entity to which similar powers have been granted;

(3) Negotiable or nonnegotiable certificates of deposit issued by any bank as defined in subdivision 51A-1-2(2) or any federally chartered bank located within the state which is insured by the Federal Deposit Insurance Corporation, if then in existence;

(4) Any other obligations of the state or of the United States of America or any agency or instrumentality of either thereof which may then be purchased with funds belonging to the state or held in the state treasury; or

(5) Such securities and deposit accounts as are permissible for the investment of state public funds by the state investment officer under the provisions of § 4-5-26 .

Source: SL 1973, ch 180, § 12 (17); SDCL Supp, § 28-19-89; SL 1974, ch 195, § 1; SL 1979, ch 37, § 5; SL 2012, ch 78, § 60.
S.D. Codified Laws § 11-11-45 — SD Code / Title 11 / Chapter 11 / Section 11-11-45
Qualified private activity bonds--Maximum aggregate principal amount
Status: in_force

The authority may issue qualified private activity bonds at any time during a fiscal year in the aggregate principal amount as determined by the authority, and (except for bonds issued for the purpose of renewing, paying, or refunding outstanding bonds and interest pursuant to § 11-11-50 ) as approved by the Governor. However, the aggregate principal amount of qualified private activity bonds issued in or with respect to any calendar year under § 11-11-47 may not exceed the principal amount of the state ceiling for qualified private activity bonds applicable to the State of South Dakota for any calendar year and allocated to the authority for any such calendar year pursuant to § 1-7-8 and the applicable executive order of the Governor.

Source: SL 1980, ch 204, § 4; SDCL Supp, § 28-19-39.2; SL 1981, ch 221, § 1; SL 1982, ch 214; SL 1983, ch 106, § 1; SL 1984, ch 106, § 1; SL 1985, ch 103, § 1; SL 1986, ch 113; SL 1987, ch 118, § 2; SL 2012, ch 78, § 25.
S.D. Codified Laws § 11-7-23 — SD Code / Title 11 / Chapter 7 / Section 11-7-23
Power to lease or dispose of property--Contracts and instruments
Status: in_force

A commission shall have power to give, sell, transfer, convey, or otherwise dispose of real or personal property or any interest therein and to execute such leases, deeds, conveyances, negotiable instruments, purchase agreements, and other contracts or instruments, and take such action, as may be necessary or convenient to carry out the purposes of this chapter.

Source: SL 1950 (SS), ch 13, § 7, subdiv 1 (5); SDC Supp 1960, § 45.3607 (1) (e).
S.D. Codified Laws § 11-11-10 — SD Code / Title 11 / Chapter 11 / Section 11-11-10
Development authority established--Administrator of federal housing program
Status: in_force

There is hereby created and established a body politic and corporate with duties and powers as established in this chapter, to be known as the South Dakota Housing Development Authority to carry out the provisions of this chapter. The authority is hereby constituted an independent public instrumentality exercising essential public functions. Without limiting any other power or function of the authority established under this chapter, the authority shall be the sole, statewide designated state public housing agency authorized to administer the United States Department of Housing and Urban Renewal's Performance-Based Contract Administrator Program for the Administration of Project-Based Section 8 Housing Assistance Payments Contracts on a statewide basis throughout the state.

Source: SL 1973, ch 180, § 3; SDCL Supp, § 28-19-10; SL 2017, ch 67, § 1.
S.D. Codified Laws § 11-9-17.1 — SD Code / Title 11 / Chapter 9 / Section 11-9-17.1
Fiscal feasibility review--Independent review requirements
Status: in_force

For any district established after July 1, 2026, a governing body may not approve a project plan unless an independent fiscal feasibility review has been completed and submitted to all political subdivisions.

The review must be conducted by a third-party who is a municipal advisor registered with the Municipal Securities Rulemaking Board and the United States Securities and Exchange Commission pursuant to section 15B of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a to 78qq, inclusive (January 1, 2026), a licensed certified public accountant, or another independent third-party reviewer, including a nonprofit or research organization, or attorney, with demonstrated experience in municipal finance and tax increment financing, approved by the governing body.

The person conducting the review may be compensated for conducting the review but must be independent of any developer, obligated person, and private entity receiving financial assistance or reimbursement under the project plan. If the review is conducted:

(1) By a municipal advisor, the advisor must:

(a) Act in the capacity of municipal advisor to the governing body and may not act on behalf of any developer, underwriter, or other private party; and

(b) Acknowledge in writing that the advisor owes a fiduciary duty to the governing body with respect to any advice provided in the review;

(2) By a certified public accountant, the accountant:

(a) Must perform the review in accordance with applicable professional standards;

(b) May not prepare, or have prepared, any development feasibility analysis, financial projection, or valuation study for the developer or any affiliated entity relating to the district; and

(c) Must acknowledge in writing that the review is conducted for the benefit of the governing body; or

(3) By an independent third-party reviewer, including a nonprofit or research organization, or attorney, approved by the governing body, the third-party reviewer may not receive funding or compensation, other than compensation for conducting the review, from the governing body or any developer, underwriter, or other private entity involved in the project.

Source: SL 2026, ch 58, § 15.
S.D. Codified Laws § 11-11-37 — SD Code / Title 11 / Chapter 11 / Section 11-11-37
Acceptance of legislative appropriations--Purposes to which applied
Status: in_force

The authority may accept such moneys as may be appropriated from time to time by the Legislature for effectuating its corporate purposes including, without limitation, the payment of the expenses of administration and operation and the establishment of reserves or contingency funds to be available for the payment of the principal of and the interest on any bonds, notes, or other obligations of the authority.

Source: SL 1973, ch 180, § 49; SDCL Supp, § 28-19-34; SL 2012, ch 78, § 20.
S.D. Codified Laws § 11-8-10 — SD Code / Title 11 / Chapter 8 / Section 11-8-10
Maximum opportunity to private enterprise as objective--Objective considered in implementation of program
Status: in_force

A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this chapter, including the formulation of a workable program, the approval of urban renewal plans, community - wide plans or programs for urban renewal, and general neighborhood renewal plans consistent with the general plan of the municipality, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements.

Source: SL 1966, ch 149, § 4.
S.D. Codified Laws § 11-8-76 — SD Code / Title 11 / Chapter 8 / Section 11-8-76
Severability of chapter and applications
Status: in_force

If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

Source: SL 1966, ch 149, § 21.
S.D. Codified Laws § 11-6-36 — SD Code / Title 11 / Chapter 6 / Section 11-6-36
Approved plat required for street or utility work after attachment of platting jurisdiction
Status: in_force

From and after the time when the platting jurisdiction of any municipality has attached by virtue of the adoption of a major street plan as provided in § 11-6-26 , the municipality or other public authority may not, except as provided by § 11-6-37 , accept, lay out, open, improve, grade, pave, or light any street or lay or authorize the laying of water mains, sewers, connections, or other facilities or utilities in any street within the municipality unless such street has been accepted or opened as, or has otherwise received the legal status of, a public street prior to the adoption of a comprehensive plan, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the council or on a street plat made by the planning commission and adopted by the council or reviewed and approved in accordance with § 11-3-6 .

Source: SL 1949, ch 198, § 16; SDC Supp 1960, § 45.3316; SL 1966, ch 145; SL 1975, ch 116, § 20; SL 1999, ch 65, § 19.
S.D. Codified Laws § 11-2-61 — SD Code / Title 11 / Chapter 2 / Section 11-2-61
Petition to court contesting decision of board--Requirements
Status: in_force

Any person or persons, jointly or severally, or any officer, department, board, or bureau of the county, aggrieved by any decision of the board of adjustment may present to a court of record a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be a petition for writ of certiorari presented to the court within thirty days after the filing of the decision in the office of the board of adjustment. 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 appealed from.

Source: SL 2000, ch 69, § 31; SL 2003, ch 78, § 6; SL 2004, ch 101, § 6; SL 2016, ch 71, § 6; SL 2020, ch 41, § 11.
S.D. Codified Laws § 11-7-53.3 — SD Code / Title 11 / Chapter 7 / Section 11-7-53.3
Competitive bidding on construction of housing development project
Status: in_force

A commission need not require competitive bidding on the construction or development of a housing development project if:

(1) The project is financed with the proceeds of bonds issued under this chapter or from nongovernmental sources;

(2) The project is either located on land that is owned or is being acquired by the commission only for development purposes, or is not owned by the commission at the time the contract is entered into but the contract provides for conveyance or lease to the commission of the project or improvements upon completion of construction; and

(3) The commission finds and determines that elimination of the public bidding requirements is necessary in order for the housing development project to be economical and feasible.

Source: SL 1995, ch 80, § 4.
S.D. Codified Laws § 11-2-68 — SD Code / Title 11 / Chapter 2 / Section 11-2-68
Conditional use applications and appeals--Written notice to township officers--Timeframe
Status: in_force

A county shall provide to each township supervisor who has an oath filed in the office of the county auditor, pursuant to § 8-4-3 , written notice of any application for the conditional use of real property or any appeal filed pursuant to this chapter, for property located in the township, at least ten days before the board of adjustment or other approving authority holds a public hearing on the application or appeal.

Source: SL 2026, ch 57, § 1.
S.D. Codified Laws § 11-4-17 — SD Code / Title 11 / Chapter 4 / Section 11-4-17
Powers of board of adjustment
Status: in_force

The board of adjustment may:

(1) Hear and decide appeals where 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 such variance from terms of the ordinance 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: SDC 1939, § 45.2607; SL 2000, ch 69, § 62; SL 2015, ch 72, § 8; SL 2021, ch 55, § 6.
S.D. Codified Laws § 11-4-4.5 — SD Code / Title 11 / Chapter 4 / Section 11-4-4.5
Special permitted uses--Exceptions
Status: in_force

Any land use that meets the specified criteria for certification under any municipal zoning ordinance shall be considered a special permitted use. A special permitted use applicant is not subject to the requirements set forth in § 11-4-4.2 . A special permitted use is not subject to any public hearing or other requirements for review and approval of conditional uses. Upon adoption of certification provisions, the land use is a special permitted use subject to enforcement in the same manner as a permitted use.

Source: SL 2021, ch 55, § 4.
S.D. Codified Laws § 11-13-4 — SD Code / Title 11 / Chapter 13 / Section 11-13-4
Eligibility for funding
Status: in_force

Any for-profit entity, nonprofit entity, tribal government, housing authority, a political subdivision of this state or its agencies, or any agency of this state is eligible to apply for funding from the fund. No individual may apply for funding directly from the fund.

Source: SL 2013, ch 7, § 16, eff. Mar. 20, 2013.
S.D. Codified Laws § 11-2-37 — SD Code / Title 11 / Chapter 2 / Section 11-2-37
Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted
Status: in_force

If an area within a county and not within a municipality becomes so situated that a zoning ordinance or any other purpose or procedure set forth in this chapter is advisable, persons within the area may apply to the board to establish or enlarge the area as a special zoning area or the board may on its own initiative establish or enlarge the area as a special zoning area, pursuant to this chapter. No special zoning area may be formed in a county in which a county wide comprehensive plan and zoning ordinances have been adopted. The formation of a special zoning area is only valid in a county that has not adopted a county wide comprehensive plan and zoning ordinances. The board may establish or enlarge a special zoning area on its own initiative if the special zoning area comprises an area of at least five square miles.

Source: SL 1977, ch 104, § 7; SL 2000, ch 69, § 44; SL 2006, ch 63, § 1; SL 2011, ch 69, § 1.
S.D. Codified Laws § 11-11-134 — SD Code / Title 11 / Chapter 11 / Section 11-11-134
Purchase of federally insured housing mortgages
Status: in_force

The authority may make commitments to purchase, and purchase, service, and sell federally insured mortgages and make loans directly upon the security of any such mortgage, if the underlying mortgage loans have been made and continue to be used solely to finance or refinance the construction, rehabilitation, purchase, or leasing of residential housing in this state.

Source: SL 1973, ch 180, § 17 (3); SDCL Supp, § 28-19-115; SL 1983, ch 106, § 4Z; SL 2012, ch 78, § 85.
S.D. Codified Laws § 11-6-39 — SD Code / Title 11 / Chapter 6 / Section 11-6-39
Continuation of lawful uses existing when zoning ordinance adopted--If nonconforming use discontinued one year, subsequent use must conform
Status: in_force

The lawful use 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 nonconforming use is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall be in conformance with such regulation.

Source: SL 1975, ch 116, § 23; SL 2000, ch 69, § 67.
S.D. Codified Laws § 11-7-89 — SD Code / Title 11 / Chapter 7 / Section 11-7-89
Local public funds used for redevelopment only to extent not available from other sources
Status: in_force

Local public funds shall be provided for a redevelopment project only to the extent that funds are not available therefor from the federal government or other sources.

Source: SL 1950 (SS), ch 13, § 20, subdiv 3; SDC Supp 1960, § 45.3620 (3).
S.D. Codified Laws § 11-2-17.4 — SD Code / Title 11 / Chapter 2 / Section 11-2-17.4
Conditional use defined
Status: in_force

A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in § 11-2-17.3 . A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district.

Source: SL 2004, ch 103, § 4.
S.D. Codified Laws § 11-2-43 — SD Code / Title 11 / Chapter 2 / Section 11-2-43
Notice by publication and by posting
Status: in_force

The board shall give ten days' notice of the election by publication and by posting a copy of the notice at three of the most public places in the proposed special zoning area. In the case of a special zoning area that is proposed by the board, the board shall post such notice at least ten days before the meeting at which it will act on the establishment or enlargement of the special zoning area. In addition, if the board is proposing the establishment or enlargement of a special zoning area, the board shall publish notice in the official newspapers of the county at least ten days before the meeting at which it intends to act on the special zoning area. For a special zoning area proposed by the board, the published notice shall include a statement that the board will hold a public hearing on the proposed special zoning area; the location of the proposed special zoning area; the date, time, and location of the meeting at which the hearing will be held; and a statement that the board will take final action on the proposed special zoning area after the hearing is completed. The publication may be waived if a copy of the notice is mailed to every qualified voter within the proposed special zoning area, by first class mail or bulk mail, at least ten days before the election.

Source: SL 1977, ch 104, § 13; SL 2000, ch 69, § 48; SL 2006, ch 63, § 7; SL 2011, ch 69, § 7.
S.D. Codified Laws § 11-11-28 — SD Code / Title 11 / Chapter 11 / Section 11-11-28
Consolidation of processing for developments and projects
Status: in_force

The authority may provide, contract, or arrange for consolidated processing of any aspect of a housing development or housing project in order to avoid duplication thereof by either undertaking such processing in whole or in part on behalf of any department, agency, or instrumentality of the United States or of this state, or, in the alternative, may delegate such processing in whole or in part to any such department, agency, or instrumentality of the United States or of this state.

Source: SL 1973, ch 180, § 12 (11); SDCL Supp, § 28-19-25; SL 2012, ch 78, § 12.
S.D. Codified Laws § 11-9-39 — SD Code / Title 11 / Chapter 9 / Section 11-9-39
Other security and marketability provisions
Status: in_force

To increase the security and marketability of its tax increment bonds, a political subdivision may do either or both of the following:

(1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed by the bonds or the revenues from the bonds; or

(2) Make covenants and do any and all acts, not inconsistent with the South Dakota Constitution, necessary, convenient, or desirable in order to additionally secure bonds or to make the bonds more marketable according to the best judgment of the governing body, including the establishment of a reserve for the payment of principal and interest on the bonds funded from the proceeds of the bonds or other revenues, including tax increments, of the political subdivision.

Source: SL 1978, ch 91, § 25; SL 1983, ch 37, § 11; SL 2011, ch 73, § 16; SL 2018, ch 70, § 40; SL 2024, ch 45, § 17.
S.D. Codified Laws § 11-7-22.1 — SD Code / Title 11 / Chapter 7 / Section 11-7-22.1
Acquisition of private property by eminent domain for certain uses prohibited
Status: in_force

No county, municipality, or housing and redevelopment commission, as provided for in this chapter, may acquire private property by use of eminent domain:

(1) For transfer to any private person, nongovernmental entity, or other public-private business entity; or

(2) Primarily for enhancement of tax revenue.

Source: SL 2006, ch 66, § 1.
S.D. Codified Laws § 11-14-2 — SD Code / Title 11 / Chapter 14 / Section 11-14-2
Delegation of zoning administration and enforcement
Status: in_force

The governing body of any political subdivision adopting airport zoning regulations under chapter 50-10 may delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction. The administrative agency may not be or include any member of the board of appeals. The agency may not have or exercise any of the powers delegated to the board of appeals.

Source: SL 1943, ch 2, § 6 (2); SDC Supp 1960, § 2.0512; SL 2010, ch 227, § 61; SDCL § 50-10-14 ; SL 2019, ch. 203, §§ 30, 84.
S.D. Codified Laws § 11-8-35 — SD Code / Title 11 / Chapter 8 / Section 11-8-35
Municipal power to assist as public body
Status: in_force

For the purpose of aiding in the planning, undertaking, or carrying out of any urban renewal project and related activities of an urban renewal agency or a housing authority hereunder, a municipality may, in addition to its other powers and upon such terms, with or without consideration, as it may determine, do and perform any or all of the actions or things which, by the provisions of § 11-8-34 , a public body is authorized to do or perform, including the furnishing of financial and other assistance.

Source: SL 1966, ch 149, § 14 (3).
S.D. Codified Laws § 11-7-72 — SD Code / Title 11 / Chapter 7 / Section 11-7-72
Commission property exempt from taxes and special assessments--Exemption terminated on transfer to private ownership--Utility and service charges payable
Status: in_force

The properties of a commission are declared to be public properties used for essential public and governmental purposes, and the properties and the commission are exempt from all taxes and special assessments of the first or second class municipality, the county, the state, or any political subdivision of the state, and the exemption shall continue so long as there is outstanding:

(1) Any bond or other obligation issued by a commission which is secured by such properties or revenues therefrom; or

(2) Any agreement for payment of contributions by the federal government to the commission with respect to such properties.

For any property in the redevelopment project area, the tax exemption terminates if the commission sells, leases, or otherwise disposes of the property to a private individual or corporation for development or redevelopment. The low - rent public housing project properties, redevelopment project properties, and housing development project properties shall be separately categorized for exemption or nonexemption under the foregoing provisions. The commission shall in good faith proceed to discharge obligations outstanding against its properties. This section does not relieve a commission from payment of proper charges measured by the service rendered for utilities and special services such as charges for heat, water, electricity, gas, sewage disposal, or garbage removal.

Source: SL 1950 (SS), ch 13, § 28, subdiv 1; SDC Supp 1960, § 45.3628 (1); SL 1992, ch 60, § 2; SL 1995, ch 80, § 6.
S.D. Codified Laws § 11-8-12 — SD Code / Title 11 / Chapter 8 / Section 11-8-12
Master plan required before approval of urban renewal plans--Adoption of master plan
Status: in_force

The local governing body shall not approve an urban renewal plan until a master plan or parts of such plan for an area which would include an urban renewal area for the municipality have been prepared. For this purpose and other municipal purposes, authority is hereby vested in every municipal governing body to prepare to adopt, and to revise from time to time a master plan or parts thereof as defined in § 11-6-14 , for the physical development of the municipality as a whole and to make available and to appropriate necessary funds therefor.

Source: SL 1966, ch 149, § 7 (1).
S.D. Codified Laws § 11-8-68 — SD Code / Title 11 / Chapter 8 / Section 11-8-68
Resolution or ordinance authorizing bonds
Status: in_force

Bonds issued under § 11-8-66 may be authorized by resolution or ordinance of the local governing body as provided in chapter 6-8B .

Source: SL 1966, ch 149, § 11; SL 1974, ch 115; SL 1975, ch 47, § 10; SL 1983, ch 28, § 35; SL 1984, ch 43, § 102.
S.D. Codified Laws § 11-8-23 — SD Code / Title 11 / Chapter 8 / Section 11-8-23
Municipal power to make urban renewal inspections and surveys--Property powers
Status: in_force

Every municipality shall have the power, within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings, or test borings, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain, or otherwise, any real property, or personal property for its administrative purposes, together with any improvements thereon; to hold, improve, clear, or prepare for redevelopment any such property; to mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter: provided, however, that no statutory provision with respect to the acquisition, clearance, or disposition of property by public bodies shall restrict a municipality or other public body exercising powers hereunder, in the exercise of such functions with respect to an urban renewal project and related activities, unless the Legislature shall specifically so state.

Source: SL 1966, ch 149, § 8 (3).
S.D. Codified Laws § 11-4-13 — SD Code / Title 11 / Chapter 4 / Section 11-4-13
Board of adjustment to be provided--Planning and zoning commission as adjustment board--Power to grant variances
Status: in_force

Except as otherwise provided by § 11-4-24 , the governing body shall provide for the appointment of a board of adjustment, or for the planning and zoning commission to act as a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this chapter, shall provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances to the terms of the ordinance.

Source: SDC 1939, § 45.2607; SL 1975, ch 114, § 5; SL 2000, ch 69, § 60.
S.D. Codified Laws § 11-6-38 — SD Code / Title 11 / Chapter 6 / Section 11-6-38
Buildings prohibited on unapproved streets--Injunction action available
Status: in_force

From and after the time when the platting jurisdiction of any municipality has attached by reason of the adoption of a major street plan as provided in § 11-6-26 , no building permit may be issued for or no building may be erected on any lot within the territorial jurisdiction of the commission and council as provided in § 11-6-26 , unless the street giving access to the lot upon which the building is proposed to be placed is accepted as opened as, or has otherwise received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a recorded subdivision plat approved by the council or on a street plat made by the commission and adopted by the council or with a street located or accepted by the council, or, in the case of territory outside of the municipal corporation, by the governing body thereof, after submission to the commission, and, in case of the commission's disapproval, by the favorable vote required in § 11-6-37 . Any building erected in violation of this section is an unlawful structure, and the municipality or governing body may bring action to enjoin such erection or cause it to be vacated or removed.

Source: SL 1949, ch 198, § 17; SDC Supp 1960, § 45.3317; SL 1966, ch 145; SL 1975, ch 116, § 22; SL 1999, ch 65, § 21.
S.D. Codified Laws § 11-2-12 — SD Code / Title 11 / Chapter 2 / Section 11-2-12
Purposes of comprehensive county plan
Status: in_force

The comprehensive plan shall be for the purpose of protecting and guiding the physical, social, economic, and environmental development of the county; to protect the tax base; to encourage a distribution of population or mode of land utilization that will facilitate the economical and adequate provisions of transportation, roads, water supply, drainage, sanitation, education, recreation, or other public requirements; to lessen governmental expenditure; and to conserve and develop natural resources.

Source: SL 1941, ch 216, § 3; SDC Supp 1960, § 12.20A03; SL 1967, ch 20, § 2; SL 1975, ch 113, § 6.
S.D. Codified Laws § 11-8-31 — SD Code / Title 11 / Chapter 8 / Section 11-8-31
Investment of reserve and debt service funds--Redemption of bonds
Status: in_force

Every municipality shall have the power to invest any urban renewal funds held in reserves or debt service funds or any such funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redeem such bonds as have been issued pursuant to § 11-8-66 at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled.

Source: SL 1966, ch 149, § 8 (5).
S.D. Codified Laws § 11-7-29 — SD Code / Title 11 / Chapter 7 / Section 11-7-29
Compliance with conditions for federal aid--Conveyance to federal government on default
Status: in_force

A commission shall have further power to include in any contract for financial assistance with the federal government any conditions which the federal government may attach to its financial aid of a project, not inconsistent with the purposes of this chapter; and in any contract with the federal government for annual contributions to a commission, the commission may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the commission is subject; such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the commission the project as then constituted.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (4); SDC Supp 1960, § 45.3607 (3) (d).
S.D. Codified Laws § 11-3-1 — SD Code / Title 11 / Chapter 3 / Section 11-3-1
Townsite or subdivision survey and plat required--Contents
Status: in_force

When any person wishes to lay out a townsite or subdivision, he shall cause the same to be surveyed and platted, which shall particularly describe and set forth all the streets, commons, or public grounds, and all blocks, lots, parcels, or tracts within such third class municipality or subdivision, giving the names, width, courses, boundaries, and extent of all such streets.

Source: PolC 1877, ch 26, § 1; CL 1887, § 1095; RPolC 1903, § 1490; RC 1919, § 6537; SDC 1939, § 45.2801; SL 1979, ch 93, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-10-5 — SD Code / Title 11 / Chapter 10 / Section 11-10-5
New non-residential construction standards--Building code ordinance--Compliance with International Building Code--Modifications--Exclusions
Status: in_force

If the governing body of any local unit of government adopts any ordinance prescribing standards for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building other than a residential structure as defined in § 11-10-12 , the ordinance must comply with the 2024 edition of the International Building Code, as published by the International Code Council, Incorporated. The governing body may amend, modify, or delete any portion of the International Building Code before enacting the ordinance. Additional deletions, modifications, and amendments to the municipal ordinance may be made by the governing body and are effective upon their adoption and filing with the municipal finance officer. Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body and are effective upon their adoption and filing with the county auditor.

An ordinance may not apply to mobile or manufactured homes, as defined in chapter 32-7A , which are constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction. An ordinance may not require that any fire sprinkler be installed in a single family dwelling. An ordinance may 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 1986, ch 112, § 1; SL 1993, ch 107; SL 1995, ch 81, § 2; SL 1998, ch 77, § 1; SL 2001, ch 47, § 3; SL 2004, ch 104, § 1; SL 2007, ch 72, § 1; SL 2010, ch 73, § 1; SL 2012, ch 77, § 1; SL 2015, ch 73, § 1; SL 2018, ch 71, § 1; SL 2021, ch 59, § 1; SL 2022, ch 35, § 1; SL 2026, ch 59, § 1.
S.D. Codified Laws § 11-2-2 — SD Code / Title 11 / Chapter 2 / Section 11-2-2
Appointment of county planning commission--Number of members--Acting as zoning commission
Status: in_force

The board of county commissioners of each county in the state may appoint a commission of five or more members to be known as the county planning commission. If a county proposes to enact or implement any purpose set forth in this chapter then the board of county commissioners shall appoint a county planning commission. The total membership of the county planning commission shall always be an uneven number and at least one member shall be a member of the board of county commissioners. The county planning commission is also the county zoning commission.

Source: SL 1941, ch 216, § 4; SDC Supp 1960, § 12.20A04; SL 1966, ch 27; SL 1967, ch 20, § 2; SL 1968, ch 23; SL 1997, ch 72, § 2; SL 1999, ch 64, § 1.
S.D. Codified Laws § 11-8-4 — SD Code / Title 11 / Chapter 8 / Section 11-8-4
"Urban renewal area" defined
Status: in_force

Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "urban renewal area" means a slum area or a blighted area or a combination thereof which the local governing body designates as appropriate for an urban renewal project.

Source: SL 1966, ch 149, § 2 (11).
S.D. Codified Laws § 11-4-4.3 — SD Code / Title 11 / Chapter 4 / Section 11-4-4.3
Process for certification of special permitted uses upon meeting specified criteria
Status: in_force

A zoning ordinance adopted pursuant to this chapter may also establish a process for certification of special permitted uses upon meeting specified criteria for the use. A use certified as a special permitted use under the zoning ordinance shall be approved if the applicant demonstrates that all specified criteria are met.

Source: SL 2015, ch 72, § 6; SL 2021, ch 55, § 3.
S.D. Codified Laws § 11-11-101 — SD Code / Title 11 / Chapter 11 / Section 11-11-101
Exemption of authority from taxes, recording fees and transfer taxes
Status: in_force

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state, for their well being and prosperity and for the improvement of their social and economic conditions, and the authority shall not be required to pay any tax or assessment of any kind on any property owned by the authority under the provisions of this chapter or upon the income therefrom; nor shall the authority be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf.

Source: SL 1973, ch 180, § 50; SDCL Supp, § 28-19-92.
S.D. Codified Laws § 11-6-34 — SD Code / Title 11 / Chapter 6 / Section 11-6-34
Register of deeds not to record plat unless approved by city council or other designated official
Status: in_force

When any map, plan, plat, or replat is tendered for filing in the office of the register of deeds, the register of deeds or deputy shall determine whether such proposed map, plan, plat, or replat is or is not subject to the provisions of this chapter and whether the endorsements required by this chapter appear thereon. No register of deeds or deputy may accept for record, or record, any such map, plan, plat, or replat unless and until it has been approved by the city council of such municipality as required by § 11-6-26 or reviewed and approved in accordance with § 11-3-6 .

Source: SL 1949, ch 198, § 15; SDC Supp 1960, § 45.3315; SL 1966, ch 145; SL 1999, ch 65, § 18.
S.D. Codified Laws § 11-2-18 — SD Code / Title 11 / Chapter 2 / Section 11-2-18
Planning commission hearings--Notice--Recommendations
Status: in_force

The planning commission shall hold at least one public hearing on the respective comprehensive plan, zoning ordinance, or subdivision ordinance. Notice of the time and place of the hearings shall be given once at least ten days in advance by publication in a legal newspaper of the county. Following the public hearing, the planning commission shall submit its recommendation to the board.

Source: SL 1967, ch 20, § 3; SL 2000, ch 69, § 10.
S.D. Codified Laws § 11-7-107 — SD Code / Title 11 / Chapter 7 / Section 11-7-107
Investigations and examinations by auditor-general
Status: in_force

The auditor - general may investigate the affairs of commissions and their dealings, transactions, and relationships. He shall have the power to examine into the properties and records of commissions and to prescribe methods of accounting and the rendering of periodical reports in relation to projects undertaken by commissions, which accounts and reports shall not be inconsistent with any system of accounts or reports prescribed pursuant to any contract for federal financial assistance.

Source: SL 1950 (SS), ch 13, § 8; SDC Supp 1960, § 45.3608 (2).
S.D. Codified Laws § 11-11-80 — SD Code / Title 11 / Chapter 11 / Section 11-11-80
Refunding obligations authorized--Application of provisions applicable to original obligations
Status: in_force

The authority may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any corporate purpose of the authority. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the authority in respect of the same shall be governed by the provisions of this chapter which relate to the issuance of obligations, insofar as such provisions may be appropriate therefor.

Source: SL 1973, ch 180, § 42; SDCL Supp, § 28-19-71.
S.D. Codified Laws § 11-6-13.2 — SD Code / Title 11 / Chapter 6 / Section 11-6-13.2
Referendum applicable--Time of election on referred measures
Status: in_force

The referendum provisions of chapter 11-2 shall apply to such zoning ordinances, provided however, that notwithstanding the provisions of § 11-2-22 , if a referendum petition is filed with the county auditor, the question of adoption or rejection of the zoning ordinance shall be considered at a special election to be held for that purpose within sixty days after the filing of a petition; except that when such petition is filed within three months prior to the next primary or general election, whichever occurs first, such ordinance shall be submitted at such primary or general election if there is time to give notice thereof.

Source: SL 1975, ch 116, § 26.
S.D. Codified Laws § 11-13-6 — SD Code / Title 11 / Chapter 13 / Section 11-13-6
Geographic distribution guideline
Status: in_force

Each year, money from South Dakota housing opportunity fund shall be set aside as follows:

(1) Thirty percent shall be designated in municipalities that have a population of fifty thousand or more; and

(2) Seventy percent shall be designated for the other areas of the state.

If the approved applications for any area are less than the amount set aside, the remaining amount may be made available for qualified applications from the other areas. The geographic distribution guideline takes precedence over income targeting guideline during the evaluation of the applications.

Source: SL 2013, ch 7, § 18, eff. Mar. 20, 2013.
S.D. Codified Laws § 11-6-15 — SD Code / Title 11 / Chapter 6 / Section 11-6-15
Surveys and studies in preparation of comprehensive plan--Purposes of plan
Status: in_force

In the preparation of the comprehensive plan, the planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality and its environs. The plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality, which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.

Source: SL 1949, ch 198, § 6; SDC Supp 1960, § 45.3306; SL 1966, ch 145.
S.D. Codified Laws § 11-9-28 — SD Code / Title 11 / Chapter 9 / Section 11-9-28
Payment to political subdivision of allocable tax increment
Status: in_force

Notwithstanding any other provision of law, each officer charged by law to collect and pay over or retain local real property taxes shall first, on the next settlement date provided by law, pay over to the county treasurer or municipal finance officer, as applicable, out of all taxes collected, that portion that represents a tax increment allocable to the political subdivision.

Source: SL 1978, ch. 91, § 17; SL 2018, ch 70, § 30; SL 2024, ch 45, § 11.
S.D. Codified Laws § 11-7-18 — SD Code / Title 11 / Chapter 7 / Section 11-7-18
Commission power to sue and be sued--Seal--Perpetual succession--Rules and regulations
Status: in_force

A commission shall have power to sue and be sued, to have a seal, which shall be judicially noticed, and to alter the same at pleasure; to have perpetual succession; and to make, and from time to time amend and repeal, rules and regulations not inconsistent with this chapter.

Source: SL 1950 (SS), ch 13, § 7, subdiv 1 (1); SDC Supp 1960, § 45.3607 (1) (a).
S.D. Codified Laws § 11-11-115 — SD Code / Title 11 / Chapter 11 / Section 11-11-115
Applications--Signatures and certification required--Perjury
Status: in_force

Each application submitted to the authority shall be signed by the applicant and by an officer of the originating mortgage lender and shall certify under oath subject to penalties for perjury that all material facts have been disclosed to the best of the knowledge of the signatories. Allegations of perjury in such cases shall be referred by the authority to the attorney general for investigation and prosecution.

Source: SL 1980, ch 204, § 10; SDCL Supp, § 28-19-102.4.
S.D. Codified Laws § 11-7-63 — SD Code / Title 11 / Chapter 7 / Section 11-7-63
Preference in rentals to servicemembers and veterans
Status: in_force

As between applicants equally in need and eligible for occupancy of a dwelling and at the rent involved, preference shall be given, except as otherwise required pursuant to federal law in contracts for federal financial assistance, to families of servicemen (including families of servicemen who died in service) and to families of veterans as defined in § 33A-2-1 .

Source: SL 1950 (SS), ch 13, § 15; SDC Supp 1960, § 45.3615; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 11-15-1 — SD Code / Title 11 / Chapter 15 / Section 11-15-1
Definitions
Status: in_force

Terms used in this chapter mean:

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

(2) "Housing infrastructure," the installation, replacement, upgrade, or improvement of public infrastructure for the support of a single-family or multi-family housing project; and

(3) "Public infrastructure," a right of way, water distribution system, sanitary sewer system, storm sewer system, lift station, street, road, bridge, curb, gutter, sidewalk, traffic signal, or streetlight, which is or will be located in the state and is or will be owned, maintained, or provided by a political subdivision of this state or federally recognized Indian tribe; or excavation, necessary site work, compaction, or acquisition of land for support of a single family or multi-family housing project.

Source: SL 2023, ch 41, § 8, eff. Feb. 1, 2023; SL 2024, ch 46, § 1, eff. Jan. 31, 2024; SL 2026, ch 61, § 1.
S.D. Codified Laws § 11-7-66 — SD Code / Title 11 / Chapter 7 / Section 11-7-66
Conditions waived in admitting servicemembers and veterans to housing projects
Status: in_force

The requirement in subdivision 11-7-65(1) shall not be applicable in the case of the family of any serviceman or the family of any veteran as defined in § 33A-2-1 , or the family of any serviceman who died in the armed forces of the United States where application for admission to the project by such family is made within any time limit specified by federal law applicable to federal financial assistance for the project.

Source: SL 1950 (SS), ch 13, § 16, subdiv 1; SDC Supp 1960, § 45.3616 (1); SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 11-7-101 — SD Code / Title 11 / Chapter 7 / Section 11-7-101
Remedies conferred on bondholders by terms of bond
Status: in_force

A commission shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:

(1) To cause possession of any project or any part thereof to be surrendered to any such obligee;

(2) To obtain the appointment of a receiver of any project of said commission or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such project or any part thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said commission as the court shall direct;

(3) To require said commission and the commissioners, officers, agents, and employees thereof to account as if it and they were the trustees of an express trust.

Source: SL 1950 (SS), ch 13, § 25; SDC Supp 1960, § 45.3625.
S.D. Codified Laws § 11-2-58 — SD Code / Title 11 / Chapter 2 / Section 11-2-58
Decisions of board
Status: in_force

In exercising the powers mentioned in § 11-2-53 as to appeals, the board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may 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 has all the powers of the officer from whom the appeal is taken. As to all other decisions, the board of adjustment may make initial determinations as provided by statute and applicable zoning ordinance.

Source: SL 2000, ch 69, § 28; SL 2003, ch 78, § 3; SL 2004, ch 101, § 3; SL 2015, ch 72, § 4.
S.D. Codified Laws § 11-7-103 — SD Code / Title 11 / Chapter 7 / Section 11-7-103
Acceptance of federal loans and grants authorized--Compliance with conditions
Status: in_force

In addition to the powers conferred upon a housing commission by other provisions of this chapter, such commission is empowered to borrow money or accept contributions, grants, or other financial assistance from the federal government for or in aid of any project within its area of operation, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable and consistent with this chapter and the laws of this state.

Source: SL 1950 (SS), ch 13, § 26; SDC Supp 1960, § 45.3626.
S.D. Codified Laws § 11-11-67 — SD Code / Title 11 / Chapter 11 / Section 11-11-67
Continuing validity of signatures by commissioners or officers
Status: in_force

If any of the commissioners, executive director, or officers of the authority whose signatures appear on any bonds ceases to be such commissioners, executive director, or officers before the delivery of such bonds, such signatures are, nevertheless, valid and sufficient for all purposes, the same as if such directors or officers had remained in office until such delivery.

Source: SL 1973, ch 180, § 37; SDCL Supp, § 28-19-58; SL 2012, ch 78, § 40.
S.D. Codified Laws § 11-2-66 — SD Code / Title 11 / Chapter 2 / Section 11-2-66
Cement Plant Commission property zoned as private business
Status: in_force

All real property owned, leased, or otherwise held by the State of South Dakota by and through the South Dakota State Cement Plant Commission as of December 28, 2000, is hereby zoned to conform to its use as of December 28, 2000, as if it were owned, operated, and used by a private business, and all applicable municipal and county records shall be revised accordingly.

Source: SL 2000 (SS), ch 4, § 3.
S.D. Codified Laws § 11-6-17 — SD Code / Title 11 / Chapter 6 / Section 11-6-17
Public hearing required before recommendation of plan to council--Notice--Submission
Status: in_force

Before recommendation to the council of the comprehensive plan or part thereof, the planning commission 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. The planning commission shall submit the recommended comprehensive plan or part thereof to the municipal council.

Source: SL 1949, ch 198, § 7; SDC Supp 1960, § 45.3307; SL 1966, ch 145; SL 1975, ch 116, § 10; SL 1983, ch 105, § 4; SL 1992, ch 60, § 2; SL 1999, ch 65, § 14.
S.D. Codified Laws § 11-8-33 — SD Code / Title 11 / Chapter 8 / Section 11-8-33
Combination of powers exercised by municipality
Status: in_force

Every municipality shall have the power to exercise all or any part or combination of powers granted in §§ 11-8-21 to 11-8-32 , inclusive.

Source: SL 1966, ch 149, § 8 (12).
S.D. Codified Laws § 11-11-34 — SD Code / Title 11 / Chapter 11 / Section 11-11-34
Cooperation with federal and other governmental agencies
Status: in_force

The authority may enter into agreements or other transactions with, administer programs of, and accept grants and the cooperation of, the United States or any agency or instrumentality thereof or of the state or any agency or instrumentality thereof or of any other state or any agency or instrumentality thereof in furtherance of the purposes of this chapter and to do any and all things necessary in order to avail itself of such aid and cooperation.

Source: SL 1973, ch 180, § 12 (8); SDCL Supp, § 28-19-31; SL 2012, ch 78, § 17; SL 2014, ch 44, § 3.
S.D. Codified Laws § 11-6-18.3 — SD Code / Title 11 / Chapter 6 / Section 11-6-18.3
Referendum applicable to comprehensive plan--Revision of rejected plan--Adoption
Status: in_force

The referendum provisions of §§ 9-20-6 to 9-20-16 , inclusive, shall be applicable to the action of the city council. If the voters shall reject the proposed comprehensive plan, the city council may cause the planning and zoning commission to revise the plan or parts thereof and the council may adopt the same as revised and file and publish the same as required above.

Source: SL 1975, ch 116, § 12.
S.D. Codified Laws § 11-5-1 — SD Code / Title 11 / Chapter 5 / Section 11-5-1
Buildings, space requirements, and uses subject to regulation and restriction by declaration or contract of landowners in first or second class municipality
Status: in_force

It shall be lawful for the owner or owners of any real property situated in any first or second class municipality within this state to regulate and restrict by declaration or contract, as provided in § 11-5-2 , the height, number of stories, and size of buildings and other structures, and the nature of other improvements to be erected or made upon property belonging to such property owner or owners, and also to regulate and restrict as to such property the percentage of the lot or parcel that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industrial, residence, or other purposes, and to regulate and restrict upon such land the construction, reconstruction, alteration, repair, or use of buildings, structures, or land.

Source: SL 1925, ch 243, § 1; SDC 1939, § 45.2611; SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-12-5 — SD Code / Title 11 / Chapter 12 / Section 11-12-5
County or municipality may regulate certain adult oriented businesses
Status: in_force

Section 11-12-3 does not prohibit any county or municipality from enacting and enforcing any ordinance that regulates an adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, or nude model studio.

Source: SL 2008, ch 61, § 4.
S.D. Codified Laws § 11-2-32 — SD Code / Title 11 / Chapter 2 / Section 11-2-32
Municipal planning and zoning powers unimpaired--Area of joint zoning authority
Status: in_force

Nothing in this chapter may be construed to prevent or modify the powers of an incorporated municipality, with a duly authorized planning commission, from exercising planning and zoning jurisdiction within the corporate limits and from exercising jointly with the county planning commission the planning and zoning authority within a joint jurisdictional area beyond the municipal corporate limits, as provided in chapters 11-4 and 11-6 .

Source: SL 1967, ch 20, § 9; SL 2003, ch 77, § 1.
S.D. Codified Laws § 11-8-62 — SD Code / Title 11 / Chapter 8 / Section 11-8-62
Formalities waived in disposition of property acquired prior to approval of plan
Status: in_force

Any real property acquired pursuant to § 11-8-25 may be disposed of without regard to the provisions of §§ 11-8-55 to 11-8-61 , inclusive, if the local governing body has consented to the disposal.

Source: SL 1966, ch 149, § 10 (4).
S.D. Codified Laws § 11-7-60 — SD Code / Title 11 / Chapter 7 / Section 11-7-60
Noncitizens not accepted as tenants in housing projects
Status: in_force

A commission shall not accept as a tenant in any housing project any person who is not a citizen of the United States.

Source: SL 1950 (SS), ch 13, § 13, subdiv 2; SDC Supp 1960, § 45.3613 (2).
S.D. Codified Laws § 11-9-21 — SD Code / Title 11 / Chapter 9 / Section 11-9-21
Indication on assessment rolls of parcels within district
Status: in_force

The director of equalization shall indicate on the assessment roll required by §§ 10-3-28 and 10-6-153 each parcel of real property located within a district, including the name of the district the parcel is located in.

Source: SL 1978, ch 91, § 14; SL 2018, ch 70, § 23; SL 2021, ch 44, § 44.
S.D. Codified Laws § 11-5-8 — SD Code / Title 11 / Chapter 5 / Section 11-5-8
Flagpole--Display
Status: in_force

Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements, may erect a freestanding flagpole no more than twenty feet high on any portion of the homeowner's property, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display from that flagpole, one official United States flag, not larger than four and one-half feet by six feet, and may additionally display one official South Dakota State flag or official flag that represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or a POW MIA flag. The additional flag must be equal in size to or smaller than the official United States flag.

The flagpole specifications and display are subject to building codes imposed by this state or appropriate local governing body.

Source: SL 2021, ch 57, § 2.
S.D. Codified Laws § 11-3-20.3 — SD Code / Title 11 / Chapter 3 / Section 11-3-20.3
Information required for vacation and replatting
Status: in_force

Upon receipt of a plat, as described in § 11-3-20.2 , by the planning commission of any municipality or county, the planning commission shall require that the person seeking the vacation and replat provide the following information:

(1) The names and addresses of the record owner of the plat or part thereof sought to be vacated and the names and addresses of the record owners of property adjacent to or solely served by any streets, if any, included in the plat to be vacated,

(2) The legal description of the same,

(3) The names of the legal voters, residing upon the same,

(4) The character and use of the same,

(5) A description of any public highway located there,

(6) Any other facts pertinent to the application, including any facts necessary by municipal or county ordinance for the recordation of any plat.

Source: SL 1974, ch 109, § 5; SL 1979, ch 93, § 14.
S.D. Codified Laws § 11-13-1 — SD Code / Title 11 / Chapter 13 / Section 11-13-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Administering agency," the South Dakota Housing Development Authority shall act as the administrative agency for the South Dakota housing opportunity fund;

(2) "Affordable housing," housing is affordable if the total housing costs, which includes rent, utilities, mortgage, and related expenses, represents no more than thirty percent of gross household income;

(3) "Commissioner," a member appointed to the oversight commission;

(4) "Fund," the South Dakota housing opportunity fund;

(5) "Oversight commission," the commissioners that govern the South Dakota Housing Development Authority;

(6) "Single family home," any home built to the International Residential Code (IRC) or the United States Department of Housing and Urban Development (HUD) Building Code as of January 1, 2013, and located on a suitable site that is zoned properly for an IRC or HUD single family residence.

Source: SL 2013, ch 7, § 14, eff. Mar. 20, 2013.
S.D. Codified Laws § 11-14-6 — SD Code / Title 11 / Chapter 14 / Section 11-14-6
Stay of proceedings--Exception--Restraining order
Status: in_force

An appeal pursuant to § 11-14-3 shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the agency from which the appeal is taken and on due cause shown.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SL 2010, ch 227, § 63; SDCL § 50-10-18 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-7-59 — SD Code / Title 11 / Chapter 7 / Section 11-7-59
Income and accommodation standards in selection of tenants and rental of housing projects
Status: in_force

In the operation or management of housing projects, a commission shall at all times observe the following duties with respect to rentals and tenant admissions:

(1) It may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the financial reach of such persons of low income;

(2) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding; and

(3) A commission in its operations shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have, at the time of admission an aggregate annual net income, less an exemption of one hundred dollars for each minor member of the family other than the head of the family and his spouse, in excess of five times the annual rental of the quarters to be furnished such person or persons; in computing the rental for the purpose of admitting tenants, there shall be included in the rental the average annual cost (as determined by the commission) to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental;

Source: SL 1950 (SS), ch 13, § 13, subdiv 1; SDC Supp 1960, § 45.3613 (1).
S.D. Codified Laws § 11-2-30 — SD Code / Title 11 / Chapter 2 / Section 11-2-30
Adoption or rejection by board--Publication--Referendum provisions applicable
Status: in_force

After the hearing, the board shall by resolution or ordinance, as appropriate, either adopt or reject the amendment, supplement, change, modification, or repeal, with or without changes. Consideration of any changes to the proposed amendment, supplement, change, modification, or repeal may only be done if the time and place of the hearing is published at least ten days in advance in a legal newspaper of the county. If adopted, the board shall publish a notice of the fact of adoption once in a legal newspaper of the county and take effect on the twentieth day after publication. The provisions of § 11-2-22 are applicable to this section.

Source: SDC Supp 1960, § 12.20A06 as added by SL 1961, ch 37, § 2; SL 1967, ch 20, § 6; SL 1975, ch 113, § 18; SL 1999, ch 65, § 8; SL 2000, ch 69, § 41; SL 2016, ch 71, § 1.
S.D. Codified Laws § 11-3-20.4 — SD Code / Title 11 / Chapter 3 / Section 11-3-20.4
Recording of new plat on approval--Vacation of prior plats
Status: in_force

Upon approval of the final plat, submitted under the provisions of § 11-3-20.1 or 11-3-20.2 , by the governing body of the municipality or county, said plat shall be filed in the office of the register of deeds of the county wherein the property is located. The register of deeds shall record said plat and shall vacate all previous plats in the same manner as prescribed by § 11-3-18 .

Source: SL 1974, ch 109, § 6; SL 1979, ch 93, § 15.
S.D. Codified Laws § 11-8-48 — SD Code / Title 11 / Chapter 8 / Section 11-8-48
Accounts of urban renewal agency--Annual report to auditor-general and governing body
Status: in_force

Each agency shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually on or before March thirty - first, make a report thereof to the auditor - general, and to the governing body of the municipality, such reports to be in a form prescribed by the auditor - general for the period of the preceding year.

Source: SL 1966, ch 149, § 18.
S.D. Codified Laws § 11-9-26 — SD Code / Title 11 / Chapter 9 / Section 11-9-26
Tax increment defined
Status: in_force

For purposes of this chapter, the term, tax increment, is that amount obtained by multiplying the total county, municipal, school, and other local real property taxes levied on all taxable real property within a district in any year by a fraction having a numerator equal to that year's assessed value of all taxable real property in the district minus the tax increment base and a denominator equal to that year's assessed value of all taxable real property in the district. In any year, a tax increment is deemed positive if the tax increment base is less than the aggregate assessed value of taxable real property. A tax increment is deemed negative if the base exceeds the aggregate assessed value.

Source: SL 1978, ch 91, § 4; SL 2018, ch 70, § 28.
S.D. Codified Laws § 11-2-52 — SD Code / Title 11 / Chapter 2 / Section 11-2-52
Minutes of board meetings--Filing--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 of adjustment and are public records. However, the board of adjustment may destroy any record that the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historic value.

Source: SL 2000, ch 69, § 22.
S.D. Codified Laws § 11-9-40 — SD Code / Title 11 / Chapter 9 / Section 11-9-40
Sale of bonds
Status: in_force

Tax increment bonds may be sold at public or private sale at a price that the governing body deems in the best interests of the political subdivision.

Source: SL 1978, ch 91, § 23; SL 1983, ch 37, § 12; SL 2011, ch 73, § 18; SL 2018, ch 70, § 41; SL 2024, ch 45, § 18.
S.D. Codified Laws § 11-7-109 — SD Code / Title 11 / Chapter 7 / Section 11-7-109
Citation of chapter
Status: in_force

This chapter may be cited as the "County and Municipal Housing and Redevelopment Law."

Source: SL 1950 (SS), ch 13, § 1; SDC Supp 1960, § 45.3601; SL 1968, ch 186, § 1.
S.D. Codified Laws § 11-7-7 — SD Code / Title 11 / Chapter 7 / Section 11-7-7
Housing and redevelopment commissions created--Findings and declaration of need required before exercise of powers
Status: in_force

There is hereby created in each county and municipality in this state a public body corporate and politic, to be known as the housing and redevelopment commission, in and for that county and municipality. However, no commission may transact any business or exercise any powers until the governing body of the municipality or county, by resolution, finds that in the municipality or county:

(1) Slum or blighted areas exist;

(2) Insanitary or unsafe inhabited dwelling accommodations exist; or

(3) There is a shortage of decent, safe, and sanitary dwelling accommodations available to persons of low or moderate income, including veterans and servicemen, and their families at rentals or prices they can afford;

Source: SL 1950 (SS), ch 13, § 3; SDC Supp 1960, § 45.3603 (1); SL 1968, ch 186, § 3 (1); SL 1995, ch 80, § 5.
S.D. Codified Laws § 11-7-77 — SD Code / Title 11 / Chapter 7 / Section 11-7-77
Notice and hearing by governing body on redevelopment plan--Decision by governing body
Status: in_force

The governing body of the municipality or county as applicable shall hold a public hearing on any redevelopment plan recommended by the commission, after one publication of notice in a legal newspaper published in the county in which the commission is located. The publication shall describe the time, date, place and purpose of the hearing. Within thirty days after the receipt of a proposed redevelopment plan, the governing body shall give written notice to the commission of its decision with respect to the redevelopment plan.

Source: SL 1950 (SS), ch 13, § 18, subdiv 4; SDC Supp 1960, § 45.3618 (4); SL 1968, ch 186, § 9 (4); SL 1982, ch 60, § 11.
S.D. Codified Laws § 11-8-47 — SD Code / Title 11 / Chapter 8 / Section 11-8-47
Annual report by urban renewal agency to governing body--Contents--Publication of notice of filing
Status: in_force

An agency authorized to transact business and exercise powers under this chapter shall file, with the local governing body, on or before March thirty - first of each year a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expense as of the end of such calendar year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk and in the office of the agency.

Source: SL 1966, ch 149, § 17 (3).
S.D. Codified Laws § 11-11-183 — SD Code / Title 11 / Chapter 11 / Section 11-11-183
Chapter cumulative and supplemental to other laws
Status: in_force

Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, and this chapter is cumulative to any such powers. This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws.

Source: SL 1973, ch 180, § 51; SDCL Supp, § 28-19-160.
S.D. Codified Laws § 11-11-21 — SD Code / Title 11 / Chapter 11 / Section 11-11-21
Executive director--Appointment and duties--Other personnel
Status: in_force

The Governor shall appoint an executive director of the authority. The executive director shall serve at the pleasure of the Governor. The executive director is the secretary of the authority and shall administer, manage, and direct the affairs and business of the authority, subject to the policies, control, and direction of the commissioners. The commissioners may employ technical experts and such other officers, agents, and employees and fix their qualifications and duties. The commissioners may delegate to the executive director or to one or more of the authority's agents or employees such powers and duties as may be proper.

Source: SL 1973, ch 180, § 8; SDCL Supp, § 28-19-20; SL 1979, ch 351, § 34; SL 2012, ch 78, § 6.
S.D. Codified Laws § 11-8-18 — SD Code / Title 11 / Chapter 8 / Section 11-8-18
Requirements waived for rehabilitation of disaster area
Status: in_force

Notwithstanding any other provisions of this chapter, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under Public Law 875, Eighty - first Congress, or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of §§ 11-8-16 and 11-8-17 and the provisions of §§ 11-8-12 and 11-8-15 requiring a general plan for the municipality and a public hearing on the urban renewal project.

Source: SL 1966, ch 149, § 7 (7).
S.D. Codified Laws § 11-11-39 — SD Code / Title 11 / Chapter 11 / Section 11-11-39
Acceptance of grants and contributions--Purposes to which applied
Status: in_force

The authority may receive and accept aid or contributions, from any source, of money, property, labor, or other things of value, to be held, used, and applied to carry out the purposes of this chapter subject to such conditions upon which such grants and contributions may be made, including gifts or grants from any agency or instrumentality of the United States or of this state for payment of rent supplements to eligible persons or families or for the payment in whole or in part of the interest expense for a housing development or housing project or for any other purpose consistent with this chapter.

Source: SL 1973, ch 180, § 12 (10); SDCL Supp, § 28-19-35; SL 2012, ch 78, § 21.
S.D. Codified Laws § 11-9-6 — SD Code / Title 11 / Chapter 9 / Section 11-9-6
Districts with overlapping boundaries restricted
Status: in_force

Unless otherwise authorized by a joint resolution among the affected political subdivisions, a district established after July 1, 2026, may not overlap with any other existing district.

Source: SL 1978, ch 91, § 26; SL 2018, ch 70, § 12; SL 2026, ch 58, § 6.
S.D. Codified Laws § 11-6-9 — SD Code / Title 11 / Chapter 6 / Section 11-6-9
Expenditures of planning and zoning commission--Funds, equipment and accommodations
Status: in_force

The expenditures of the planning and zoning commission, exclusive of those made from funds received by gift, shall be within the amounts appropriated for the purpose by the municipal governing body. The municipal governing body shall provide the funds, equipment and accommodations necessary for the planning and zoning commission's work. The municipal governing body may include in such appropriation funds to provide compensation for members of the planning and zoning commission.

Source: SL 1949, ch 198, § 4; SDC Supp 1960, § 45.3304; SL 1966, ch 145; SL 1985, ch 100.
S.D. Codified Laws § 11-7-75 — SD Code / Title 11 / Chapter 7 / Section 11-7-75
Initiation of redevelopment plans--Submission to and recommendations by planning agency
Status: in_force

Any person may submit a redevelopment plan to a commission or the commission may prepare such a plan on its own initiative. Any redevelopment plan shall be transmitted by a commission to the planning agency, if one exists, of the municipality or the county in which the redevelopment project area is situated for its study and recommendations. The planning agency shall submit its written recommendations with respect to the proposed redevelopment plan, to the commission within thirty days after receipt of the plan for study.

Source: SL 1950 (SS), ch 13, § 18, subdiv 2; SDC Supp 1960, § 45.3618 (2); SL 1968, ch 186, § 9 (2).
S.D. Codified Laws § 11-3-24.1 — SD Code / Title 11 / Chapter 3 / Section 11-3-24.1
Filing and recording of decision
Status: in_force

The board of county commissioners shall file a certified copy of their decision in the office of the register of deeds. The register of deeds shall record such decision pursuant to § 11-3-18 .

Source: SL 1988, ch 128, § 4.
S.D. Codified Laws § 11-5-5 — SD Code / Title 11 / Chapter 5 / Section 11-5-5
Superior right of first or second class municipality to exercise zoning powers
Status: in_force

The authority granted by § 11-5-1 and any declaration or contract made thereunder, shall be subject to the right of the first or second class municipality to exercise the powers and authorities conferred under chapter 11-4 at any time the municipality may elect to exercise such authority.

Source: SDC 1939, § 45.2611; SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-6-26 — SD Code / Title 11 / Chapter 6 / Section 11-6-26
Subdivisions outside municipal corporate limits not approved pursuant to §11-3-6
Status: in_force

The following provisions apply to all subdivisions of land that are not approved pursuant to § 11-3-6 , and are located outside of municipal corporate limits:

(1) A municipality may elect to approve subdivision plats outside of but not exceeding three miles from its corporate limits, and not located in any other municipality;

(2) A municipality shall adopt a comprehensive plan and a major street plan that identifies the unincorporated area to be governed by municipal platting authority. A major street plan is defined as a document that consists of a map or written narrative, or both, of a municipality's future collector and arterial streets that are incorporated as a part of a municipality's comprehensive plan or as a stand-alone document that has been approved in accordance with the provisions of §§ 11-6-17 to 11-6-18.2 , inclusive;

(3) A copy of the adopted comprehensive plan and major street plan shall be forwarded to the county commissioners through the office of the county auditor or clerk in which the municipality is located;

(4) After the comprehensive plan and major street plan is adopted and before approving plats outside municipal limits, the municipality shall adopt a subdivision ordinance that will govern the area outside municipal limits. The ordinance shall be adopted according to the provisions of § 11-6-27 and shall incorporate a platting jurisdiction boundary map or text description of the area to be governed;

(5) Subdivision plats may not be filed or recorded unless the plat has the recommendation of the city planning and zoning commission within sixty days of submission, and the approval of the city council;

(6) For lands located outside of and within three miles of more than one municipality, the jurisdiction of each municipality terminates at a boundary line equidistant from the corporate limits of the municipalities unless otherwise agreed to by a majority vote of the governing body of each such municipality.

Source: SL 1949, ch 198, § 11; SDC Supp 1960, § 45.3311; SL 1966, ch 145; SL 1975, ch 116, § 16; SL 1992, ch 60, § 2; SL 2000, ch 69, § 65; SL 2011, ch 71, § 1; SL 2012, ch 54, § 4.
S.D. Codified Laws § 11-8-16 — SD Code / Title 11 / Chapter 8 / Section 11-8-16
Findings required for approval of urban renewal project by governing body
Status: in_force

Following such hearing, the local governing body may approve an urban renewal project and the plan therefor if it finds that:

(1) A feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families;

(2) The urban renewal plan conforms to the master plan of the municipality as a whole;

(3) The urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the plan; and

(4) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.

Source: SL 1966, ch 149, § 7 (4).
S.D. Codified Laws § 11-2-17 — SD Code / Title 11 / Chapter 2 / Section 11-2-17
Land development and subdivision regulations--Dedications for public purposes
Status: in_force

The board may adopt a subdivision ordinance which shall be made in accordance with the comprehensive plan. The regulations may establish standards and procedures to be employed in land development including subdividing of land and the approval of land plats and the preservation of streets and land for other public purposes requiring future dedication or acquisition and general design of physical improvements.

Source: SL 1967, ch 20, § 3 (5); SL 2000, ch 69, § 8.
S.D. Codified Laws § 11-3-20.2 — SD Code / Title 11 / Chapter 3 / Section 11-3-20.2
New plat vacating prior plats--References to prior plats
Status: in_force

The new plat shall specifically describe all previous plats sought to be vacated including the book and page or document number of all existing plats in the register of deeds office. The new plat shall specifically state that all previous plats so listed are to be vacated in whole or in part. The new plat shall comply with the public highway provisions of § 11-3-17 .

Source: SL 1974, ch 109, § 4; SL 1979, ch 93, § 13.
S.D. Codified Laws § 11-2-3.3 — SD Code / Title 11 / Chapter 2 / Section 11-2-3.3
Information furnished by public officials--Examinations and surveys--General powers of commission
Status: in_force

All public officials shall, upon request, furnish to the county planning commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its functions, may, after thirty days' written notice by certified mail to the landowner, enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the commission has all such powers necessary to enable it to fulfill and perform its functions, promote county planning and zoning, or carry out all the purposes of this chapter.

Source: SL 1999, ch 67, § 2.
S.D. Codified Laws § 11-11-49 — SD Code / Title 11 / Chapter 11 / Section 11-11-49
Public debt not created by authority obligations--Statement on face of obligations
Status: in_force

Obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any political subdivision thereof but shall be payable solely from the revenues or assets of the authority. Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.

Source: SL 1973, ch 180, § 46; SDCL Supp, § 28-19-40.
S.D. Codified Laws § 11-11-30 — SD Code / Title 11 / Chapter 11 / Section 11-11-30
Bylaws, rules, and regulations
Status: in_force

The authority may adopt and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority and the conduct of its business.

Source: SL 1973, ch 180, § 12 (5); SDCL Supp, § 28-19-27; SL 2012, ch 78, § 13.
S.D. Codified Laws § 11-15-5 — SD Code / Title 11 / Chapter 15 / Section 11-15-5
Housing infrastructure grants--Limitation--Administrative expenses
Status: in_force

The authority may award grants from the South Dakota housing infrastructure fund, created in § 11-15-2 , for housing infrastructure projects. The amount of the grant may not exceed one-third of the total cost of the housing infrastructure project. The authority may use up to one percent of the amount of a grant to offset the authority's expenses in administering the grant.

Source: SL 2023, ch 41, § 12, eff. Feb. 1, 2023.
S.D. Codified Laws § 11-5-4 — SD Code / Title 11 / Chapter 5 / Section 11-5-4
Duration of restrictions by declaration or contract
Status: in_force

The restrictions authorized by §§ 11-5-1 and 11-5-2 continue in force for a period as may be prescribed in a declaration or contract but not exceeding forty years from the date of such declaration or contract.

Source: SL 1925, ch 243, § 3; SDC 1939, § 45.2612; SL 2021, ch 56, § 1.
S.D. Codified Laws § 11-7A-6 — SD Code / Title 11 / Chapter 7A / Section 11-7A-6
Municipal acquisition of federal housing projects--Sources of funds used
Status: in_force

Any incorporated municipality of this state may acquire, through purchase or gift of the entire property ownership therein, any existing federally owned housing within the corporate boundaries of the municipality and own, operate, maintain, and dispose of such housing, provided that if acquisition be by purchase, the funds for such purchase shall be derived from either otherwise unappropriated, unbudgeted, and unexpended funds in the general fund or 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, and provided further that no such acquisition shall be made unless the federal government shall have signified an intention to terminate its operation of such housing within a period of one year in the future.

Source: SL 1950 (SS), ch 12; SDC Supp 1960, § 45.0207; SDCL, § 9-37-6.
S.D. Codified Laws § 11-7-39 — SD Code / Title 11 / Chapter 7 / Section 11-7-39
Power to obtain federal or state guaranty of bonds--Premiums
Status: in_force

A commission shall have further power to procure or agree to the procurement of federal or state government insurance or guaranties of the payment of any bonds or parts thereof issued by a commission, including the power to pay premiums on such insurance or guaranties.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (14); SDC Supp 1960, § 45.3607 (3) (n).
S.D. Codified Laws § 11-2-9 — SD Code / Title 11 / Chapter 2 / Section 11-2-9
Funds, equipment, and accommodations provided by county--Expenses of planning commission members
Status: in_force

The board of county commissioners shall provide the funds, equipment, and accommodations necessary for such planning activity as the board determines. Such appropriation may include payment for actual expenses of the members of the planning commission or payment on a per diem basis as determined by the board.

Source: SL 1967, ch 20, § 7.
S.D. Codified Laws § 11-2-28.2 — SD Code / Title 11 / Chapter 2 / Section 11-2-28.2
Petition by landowners--Filing--Presentation to commission--Planning commission hearing, recommendation--Board hearing, action
Status: in_force

A petition pursuant to § 11-2-28 or 11-2-28.1 must be filed with the office of the county auditor. The county auditor shall forward the petition to the commission, or a person designated by the commission, for consideration at its next regular or special meeting and provide a copy to the board, or a person designated by the board. Within forty-five days of the presentation, the commission shall hold a public hearing on the petition, subject to the requirements of § 11-2-29 , and make a recommendation on the petitioned request to the board.

Upon receipt of the commission's recommendation, the board must hold a public hearing, subject to the requirements of § 11-2-19 , and take action upon the petitioned request, pursuant to § 11-2-30 .

Source: SDCL, § 11-2-28 as added by SL 1975, ch 113, § 17; SL 2026, ch 56, § 1.
S.D. Codified Laws § 11-11-18 — SD Code / Title 11 / Chapter 11 / Section 11-11-18
Officers of commissioners
Status: in_force

The commissioners shall elect from among their number a chairman and a vice - chairman annually and such other officers as they may determine.

Source: SL 1973, ch 180, § 5; SDCL Supp, § 28-19-17.
S.D. Codified Laws § 11-11-25 — SD Code / Title 11 / Chapter 11 / Section 11-11-25
Powers of local commissions conferred upon authority--Approval by local governing body required--Cooperation with local commissions
Status: in_force

The authority shall, notwithstanding any section of chapter 11-7 , act as a housing and redevelopment commission for the state and be granted the same functions, rights, powers, duties, privileges, immunities, and limitations as conferred upon housing and redevelopment commissions and their commissioners by chapter 11-7 . However, the authority may operate as a housing and redevelopment commission in any municipality or county of the state, only on the condition that prior written approval of the governing body of the affected jurisdiction has been acquired. The authority may also cooperate with any existing municipal or county housing and redevelopment commission in securing additional housing through such means as each shall agree to be proper.

Source: SL 1973, ch 180, § 13; SDCL Supp, § 28-19-22; SL 1983, ch 106, § 4H; SL 2012, ch 78, § 9.
S.D. Codified Laws § 11-2-60 — SD Code / Title 11 / Chapter 2 / Section 11-2-60
County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote
Status: in_force

In lieu of appointing the board of adjustment provided by § 11-2-49 , the board of county commissioners having adopted and in effect a zoning ordinance may act as and perform all the duties and exercise the powers of the board of adjustment. When acting as the board of adjustment, the chair of the board of county commissioners is chair of the board of adjustment. The concurring vote of at least two-thirds of the members of the board is necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variation in the ordinance. Any initial conditional use determinations of the board shall be determined by the vote set forth in § 11-2-17.3 .

Source: SL 2000, ch 69, § 30; SL 2003, ch 78, § 5; SL 2004, ch 101, § 5; SL 2016, ch 71, § 5; SL 2020, ch 41, § 10.
S.D. Codified Laws § 11-2-61.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-61.1
Appeal of grant or denial of conditional use permit
Status: in_force

Any appeal of a decision of granting or denying a conditional use permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and, notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari standard regardless of the form of the approving authority. The court shall give deference to the decision of the approving authority in interpreting the authority's ordinances.

Source: SL 2018, ch 68, § 1; SL 2020, ch 41, § 12.
S.D. Codified Laws § 11-11-54 — SD Code / Title 11 / Chapter 11 / Section 11-11-54
Bond resolution provisions--Contracts with bondholders
Status: in_force

Any resolutions authorizing any bonds or any issue thereof may contain any of the following provisions, each of which shall be a part of the contracts with the holders thereof:

(1) Pledging all or any part of the revenues of the authority to secure the payment of the bonds or of any issue thereof, subject to such agreements with bondholders as may then exist;

(2) Pledging all or any part of the assets of the authority, including mortgages and obligations securing the same, to secure the payment of the bonds or of any issue of bonds, subject to such agreements with bondholders as may then exist;

(3) Limiting the purpose to which the proceeds of sale of bonds may be applied and pledging such proceeds to secure the payment of the bonds or of any issue thereof;

(4) Limiting the issuance of additional bonds; the terms upon which additional bonds may be issued and secured; and the refunding of outstanding or other bonds;

(5) Regarding the use and disposition of the gross income from mortgages owned by the authority and payment of principal of mortgages owned by the authority;

(6) Limiting the amount of moneys to be expended by the authority for operating expenses of the authority;

(7) Regarding the setting aside of reserves or sinking funds and the regulation and disposition thereof;

(8) Regarding 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;

(9) Vesting in a trustee such property, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers, and duties of such trustee;

(10) Defining the acts or omissions to act which constitute a default in the obligations and duties of the authority to the holders of the bonds and providing for the rights and remedies of the holders of the bonds in the event of such default, including as a matter of right the appointment of a receiver. However, the rights and remedies may not be inconsistent with the general laws of the state and the other provisions of this chapter; and

(11) Any other matters, of like or different character, which in any way affect the security or protection of the holders of the bonds.

Source: SL 1973, ch 180, § 30 (1); SDCL Supp, § 28-19-45; SL 2012, ch 78, § 29.
S.D. Codified Laws § 11-3-19 — SD Code / Title 11 / Chapter 3 / Section 11-3-19
Validation of prior vacations by instrument--Deadline for enforcing rights--Notice of pendency
Status: in_force

Any proceedings conducted before January 1, 1993, for the vacation of any plat, or any portion or part thereof, which plat was laid out pursuant to this chapter, whether the land included in the plat, or any portion or part thereof, is or was, at the time of the proceedings for vacation of the plat, or any portion or part thereof, within or without the boundaries of a municipality or improvement district, and which plat, or any portion or part thereof has, before January 1, 1993, in the proceedings, been vacated in accordance with § 11-3-16 or 11-3-17 is hereby declared to be, and to have been, a valid vacation of the plat, or any portion or part thereof, and the proprietors of the lots so vacated may inclose the streets, alleyways, common easements, and public grounds adjoining such vacated lots, and all public rights thereto divested.

If any person has any vested right in any property by reason of any plat vacation referred to in this section, if no action or proceeding to enforce such right was commenced prior to July 1, 1995, such right shall be forever barred. No action or proceeding so brought is of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1995, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10 .

Source: SL 1964, ch 230, § 1; SL 1980, ch 109; SL 1993, ch 106, § 3.
S.D. Codified Laws § 11-8-61 — SD Code / Title 11 / Chapter 8 / Section 11-8-61
Recording of urban renewal plan and contract for transfer of property
Status: in_force

Any contract for such transfer and the urban renewal plan, or such part or parts of such contract or plan as the municipality may determine, may be recorded in the land records of the county in such manner as to afford actual or constructive notice thereof.

Source: SL 1966, ch 149, § 10 (1).
S.D. Codified Laws § 11-8-52 — SD Code / Title 11 / Chapter 8 / Section 11-8-52
Voluntary acquisition of urban renewal property by commissioner or agency employee prohibited--Disclosure of involuntary acquisition--Violation as misconduct in office
Status: in_force

No public official or employee of a municipality, or board or commission thereof, and no commissioner or employee of a housing authority or urban renewal agency, which has been vested by a municipality with urban renewal powers under §§ 11-8-38 and 11-8-39 , shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body. Any violation of the provisions of this section shall constitute misconduct in office.

Source: SL 1966, ch 149, § 20.
S.D. Codified Laws § 11-7-99 — SD Code / Title 11 / Chapter 7 / Section 11-7-99
Tax exemption of bonds
Status: in_force

Bonds of a commission are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.

Source: SL 1950 (SS), ch 13, § 21; SDC Supp 1960, § 45.3621.
S.D. Codified Laws § 11-4-27 — SD Code / Title 11 / Chapter 4 / Section 11-4-27
Certified copies returned on certiorari--Contents of return
Status: in_force

The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified copies thereof, or of such portions thereof as may be called for by such 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 1927, ch 176, § 7; SDC 1939, § 45.2608.
S.D. Codified Laws § 11-8-39 — SD Code / Title 11 / Chapter 8 / Section 11-8-39
Powers reserved to governing body on delegation to urban renewal agency
Status: in_force

As used in § 11-8-38 , the term "urban renewal powers" shall include the rights, powers, functions, and duties of a municipality under this chapter, except the following:

(1) The power to determine an area to be a slum or blighted area or combination thereof and to designate such area as appropriate for an urban renewal project and to hold any public hearings required with respect thereto;

(2) The power to approve urban renewal plans and modifications thereof;

(3) The power to approve general neighborhood renewal plans and community - wide plans or programs for urban renewal;

(4) The power to approve the acquisition, demolition, removal, or disposal of property as provided in § 11-8-25 ;

(5) The power to establish a general plan for the locality as a whole;

(6) The power to formulate a workable program under § 11-8-9 ;

(7) The power to make the determinations and findings provided for in §§ 11-8-8 , 11-8-10 , 11-8-16 , and 11-8-17 ;

(8) The power to issue general obligation bonds under § 11-8-37 ;

(9) The power to assume the responsibility to bear loss as provided in § 11-8-25 ; and

(10) The power to appropriate funds, levy taxes and assessments, and to exercise other powers provided for in § 11-8-29 .

Source: SL 1966, ch 149, § 16.
S.D. Codified Laws § 11-2-20 — SD Code / Title 11 / Chapter 2 / Section 11-2-20
Action upon comprehensive plan by resolution or ordinance--Majority vote of board required
Status: in_force

Based on the results of the hearing or hearings, the action upon the comprehensive plan shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the board.

Based on the results of the hearing or hearings, the action upon the zoning regulations and the subdivision regulations shall be by ordinance carried by the affirmative votes of not less than a majority of all the members of the board.

Source: SL 1967, ch 20, § 4; SL 1970, ch 84, § 1; SL 1975, ch 113, § 8; SL 1977, ch 104, § 3; SL 2000, ch 69, § 12.
S.D. Codified Laws § 11-6-40.1 — SD Code / Title 11 / Chapter 6 / Section 11-6-40.1
Transfer of ownership plat
Status: in_force

Any municipality authorized under § 11-6-40 to require by ordinance that a parcel of land be platted before the sale or transfer of the land may also allow by ordinance for a transfer of ownership plat option that is only for the purpose to plat one larger piece of land to transfer from one owner to another. A transfer of ownership plat is not at a point that is eligible for building permits or incorporating new easements. The entire development process and updated plat is required before a building permit will be allowed.

Source: SL 2021, ch 58, § 1.
S.D. Codified Laws § 11-7-70 — SD Code / Title 11 / Chapter 7 / Section 11-7-70
Commission property exempt from judicial process--Mandamus to enforce payment of judgment--Rights of obligees preserved
Status: in_force

All property including funds of a commission shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against a commission be a charge or lien upon its property, but, if a commission refuses to pay a judgment entered against it in any court of competent jurisdiction, the circuit court for the county in which the commission is situated may, by writ of mandamus, direct the treasurer of the commission to pay the judgment; provided, however, that the provisions of this section and § 11-7-69 shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage or other security of a commission or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by a commission on its rents, fees, or revenues or the right of the federal government to pursue any remedies conferred upon it pursuant to the provisions of this chapter.

Source: SL 1950 (SS), ch 13, § 9; SDC Supp 1960, § 45.3609.
S.D. Codified Laws § 11-9-27 — SD Code / Title 11 / Chapter 9 / Section 11-9-27
Taxation of property in district
Status: in_force

With respect to the municipality, the county, school districts and any other local governmental body having the power to levy taxes on real property located within a district, the calculation of the assessed value of taxable real property in a district, for purposes of computing the dollar and cents rates of such taxing units, may not exceed the tax increment base of the district until the district is terminated. The dollar and cents rates of all taxing units shall be assessed and extended against all taxable real property in the district at its current assessed value. However, no change in the laws of this state affecting taxation of real property may result in a lesser rate for the tax increment base until the district is terminated pursuant to this chapter.

Source: SL 1978, ch 91, § 27; SL 1983, ch 37, § 8; SL 1989, ch 125, § 3; SL 2018, ch 70, § 29.
S.D. Codified Laws § 11-13-8 — SD Code / Title 11 / Chapter 13 / Section 11-13-8
Applications for award
Status: in_force

Awards from the fund shall be made through an application process. Each application shall be evaluated and scored based on criteria created by the administering agency and the oversight commission. Each applicant that is awarded money from the fund is encouraged to leverage the money for any project or program with other public and private dollars. Any program income or loan payments received shall be deposited into the account held by the South Dakota Housing Authority.

Source: SL 2013, ch 7, § 20, eff. Mar. 20, 2013; SL 2016, ch 4, § 3; SL 2018, ch 10, § 13.
S.D. Codified Laws § 11-3-23.1 — SD Code / Title 11 / Chapter 3 / Section 11-3-23.1
Grant of petition by board of county commissioners--Payment of property taxes
Status: in_force

If after the hearing required by § 11-3-22.1 , the board of county commissioners determines that the granting of the petition will not abridge or destroy any of the rights and privileges of other proprietors of such plat and will not authorize the closing or obstruction of any public highway laid out according to law, it may vacate the plat specified in the petition. All property taxes on such plat shall be paid before it may be vacated.

Source: SL 1988, ch 128, § 3.
S.D. Codified Laws § 11-7-35 — SD Code / Title 11 / Chapter 7 / Section 11-7-35
Power to prepare plan for municipal or county development
Status: in_force

A commission shall have further power to prepare or cause to be prepared a general plan for the development of the municipality as a whole or the county as applicable, when the municipality or county does not have a planning agency or such plan has not been prepared.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (10); SDC Supp 1960, § 45.3607 (3) (j); SL 1968, ch 186, § 5.
S.D. Codified Laws § 11-2-4 — SD Code / Title 11 / Chapter 2 / Section 11-2-4
Employment of planning staff--Contracts for planning services
Status: in_force

To carry out the purposes of this chapter, the board may employ a planning director and inspector or either of them and such staff as it deems necessary; or the board may contract with a planning agency, authority, or commission, or with planning consultants, or with other specialists for such services as it requires.

Source: SL 1967, ch 20, § 8.
S.D. Codified Laws § 11-11-71 — SD Code / Title 11 / Chapter 11 / Section 11-11-71
Amount required in capital reserve fund for each year
Status: in_force

For the purposes of §§ 11-11-72 to 11-11-75 , inclusive, the term "maximum capital reserve fund requirement" shall mean, as of any particular date of computation, an amount of money, if provided in the resolution or resolutions of the authority authorizing the bonds secured in whole or in part by such fund, such amount as may be provided therein, but not more than, the greatest of the respective amounts, for the current or any future fiscal year of the authority, of annual debt service on the bonds of the authority secured in whole or in part by such fund, such annual debt service for any fiscal year being the amount of money equal to the aggregate of:

(1) All interest payable during such fiscal year on all bonds secured in whole or in part by such fund outstanding on the date of computation, plus

(2) The principal amount of all such bonds outstanding on such date of computation which mature during such fiscal year, plus

(3) All amounts specified in any resolution of the authority authorizing any such bonds as payable during such fiscal year as an annual debt service fund payment with respect to any of such bonds which mature after such fiscal year.

Source: SL 1973, ch 180, § 38; SDCL Supp, § 28-19-62; SL 1974, ch 195, § 6.
S.D. Codified Laws § 11-2-50 — SD Code / Title 11 / Chapter 2 / Section 11-2-50
Board of adjustment--Composition--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 filed 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: SL 2000, ch 69, § 20.
S.D. Codified Laws § 11-8-36 — SD Code / Title 11 / Chapter 8 / Section 11-8-36
Appraisal and advertising not required before conveyance, lease or agreement by public body
Status: in_force

Any sale, conveyance, lease, or agreement provided for in § 11-8-34 may be made by a public body without appraisal, public notice, advertisement, or public bidding.

Source: SL 1966, ch 149, § 14 (2).
S.D. Codified Laws § 11-7-44 — SD Code / Title 11 / Chapter 7 / Section 11-7-44
Work contracts and purchases to be awarded on competitive bids
Status: in_force

Any construction work, and work of demolition or clearing, and any purchase of equipment, supplies, or materials, necessary in carrying out the purposes of this chapter, shall be awarded pursuant to the provisions of chapters 5-18A and 5-18B .

Source: SL 1950 (SS), ch 13, § 10; SDC Supp 1960, § 45.3610; SL 1978, ch 90; SL 1985, ch 101, § 1; SL 2011, ch 2, § 121.
S.D. Codified Laws § 11-6-4.1 — SD Code / Title 11 / Chapter 6 / Section 11-6-4.1
Temporary addition to planning commission of resident of affected outside area
Status: in_force

For the purpose of carrying out any of the provisions of §§ 11-6-26 to 11-6-38 , inclusive, the city council may temporarily add as a member of the city planning and zoning commission a resident of the area to be affected by proposed municipal zoning and subdivision ordinances outside the corporate limits of the municipality.

Source: SL 1975, ch 116, § 17; SL 2000, ch 69, § 64.
S.D. Codified Laws § 11-11-70 — SD Code / Title 11 / Chapter 11 / Section 11-11-70
Establishment of capital reserve funds--Moneys paid into funds
Status: in_force

The authority shall create and establish one or more special funds to be referred to in this chapter as capital reserve funds, and shall pay into each such capital reserve fund:

(1) Any moneys appropriated and made available by the state for the purpose of such fund;

(2) Any proceeds of sale of bonds, to the extent provided in the resolutions of the authority authorizing the issuance thereof; and

(3) Any other moneys which may be made available to the authority for the purpose of such fund from any other source or sources.

Source: SL 1973, ch 180, § 38; SDCL Supp, § 28-19-61; SL 2012, ch 78, § 42.
S.D. Codified Laws § 11-11-182 — SD Code / Title 11 / Chapter 11 / Section 11-11-182
Annual audit of authority
Status: in_force

Notwithstanding any other provision of law, the authority shall be audited annually by a certified public accountant approved by, and under the direction of, the auditor general and any such private audit shall be filed with the Department of Legislative Audit upon completion.

Source: SL 1978, ch 20, § 10; SDCL Supp, § 28-19-159.1; SL 2012, ch 78, § 116.
S.D. Codified Laws § 11-10-12 — SD Code / Title 11 / Chapter 10 / Section 11-10-12
Residential structures--Enactment of International Residential Code standards--Modifications--Sprinkler system requirements
Status: in_force

The governing body of a municipality may enact requirements for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of a residential structure by adopting the 2024 edition of the International Residential Code, as published by the International Code Council, Incorporated. The governing body may, at any time, amend any provision of the International Residential Code. The governing body may not require the installation of a sprinkler system in a residential structure or impose any requirements that are more stringent than the requirements in the 2024 edition of the International Residential Code.

For purposes of this section, "residential structure" means a detached one-family or two-family dwelling, and townhouses not more than three stories in height, with a separate means of egress and any accessory structure of the dwelling or townhouse.

Source: SL 2022, ch 35, § 3; SL 2026, ch 59, § 4.
S.D. Codified Laws § 11-9-34 — SD Code / Title 11 / Chapter 9 / Section 11-9-34
Bonds or contracts authorized by resolution
Status: in_force

Tax increment bonds, contracts, or agreements shall be authorized by resolution of the governing body without a requirement of voter approval.

Source: SL 1978, ch 91, § 22; SL 2011, ch 73, § 11; SL 2018, ch 70, § 35.
S.D. Codified Laws § 11-11-135 — SD Code / Title 11 / Chapter 11 / Section 11-11-135
Sale or transfer of mortgage loan or obligation
Status: in_force

The authority may sell or otherwise dispose of, at public or private sale, with or without public bidding, or assign or transfer, any mortgage loan or other obligation held by the authority, including, without limitation, the transfer of a mortgage loan or other obligation to any trust or other legal entity and the receipt of ownership interests therein.

Source: SL 1973, ch 180, § 17 (4); SDCL Supp, § 28-19-116; SL 2012, ch 78, § 86.
S.D. Codified Laws § 11-2-10 — SD Code / Title 11 / Chapter 2 / Section 11-2-10
Temporary zoning controls--Purpose--Notice and public hearing required--Duration of controls--Renewal
Status: in_force

If a county is conducting or in good faith intends to conduct studies within a reasonable time, or has held or is holding a hearing for the purpose of considering a comprehensive plan, the board in order to protect the public health, safety, and general welfare may adopt as emergency measures a temporary zoning ordinance and map and a temporary subdivision ordinance, the purposes of which are to classify and regulate uses and related matters as constitutes the emergency. Before adoption or renewal of the emergency measure or measures, the board 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 county. Any emergency measure is limited to one year from the date it becomes effective and may be renewed for one year. In no case may such a measure be in effect for more than two years.

Source: SL 1967, ch 20, § 10; SL 1975, ch 113, § 4; SL 1999, ch 65, § 1; SL 2000, ch 69, § 2.
S.D. Codified Laws § 11-11-20 — SD Code / Title 11 / Chapter 11 / Section 11-11-20
Compensation of commissioners
Status: in_force

Commissioners shall receive compensation for the performance of their duties hereunder as established by the Legislature in accordance with § 4-7-10.4 from the funds of the authority.

Source: SL 1973, ch 180, § 6; SDCL Supp, § 28-19-19; SL 1977, ch 227.
S.D. Codified Laws § 11-2-17.3 — SD Code / Title 11 / Chapter 2 / Section 11-2-17.3
Conditional use of real property--Ordinance--Content--Approval or disapproval
Status: in_force

A county zoning ordinance adopted under this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying approval of certain conditional uses. The approving authority shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and the relevant zoning districts when making a decision to approve or disapprove a conditional use request. Approval of a conditional use request requires the affirmative majority vote of the members of the approving authority who are present and voting.

Source: SL 2004, ch 103, § 3; SL 2015, ch 72, § 2; SL 2020, ch 41, § 2; SL 2023, ch 39, § 1.
S.D. Codified Laws § 11-7-31 — SD Code / Title 11 / Chapter 7 / Section 11-7-31
Power to invest reserve and debt service funds
Status: in_force

A commission shall have further power to invest any funds held in reserves or debt service funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (6); SDC Supp 1960, § 45.3607 (3) (f).
S.D. Codified Laws § 11-9-15 — SD Code / Title 11 / Chapter 9 / Section 11-9-15
Project costs enumerated
Status: in_force

For the purposes of this chapter, the term "project costs" means:

(1) Capital costs, including the actual costs of the construction of public works or improvements, buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and permanent fixtures; the acquisition of equipment; the clearing, over-excavation, and grading of land, including use of engineered fill and soil compaction; and the amount of interest payable on tax increment bonds issued pursuant to this chapter until the positive tax increments to be received from the district, as estimated by the project plan, are sufficient to pay the principal of and interest on the tax increment bonds when due;

(2) Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for project costs, any premium paid over the principal amount thereof because of the redemption of obligations prior to maturity, and a reserve for the payment of principal and interest on obligations in an amount determined by the governing body to be reasonably required for the marketability of obligations;

(3) Real property assembly costs, including the actual cost of the acquisition by a political subdivision of real or personal property within a district, less any proceeds to be received by the political subdivision from the sale, lease, or other disposition of property pursuant to a project plan;

(4) Professional service costs, including those costs incurred for architectural, planning, engineering, and legal services;

(5) Imputed administrative costs, including reasonable charges for the time spent by a municipal or county employee in connection with the implementation of a project plan;

(6) Relocation costs;

(7) Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing the public of the creation of a district and the implementation of project plans;

(8) Payments and grants made, at the discretion of the governing body, that are found to be necessary or convenient to the creation of a district, the implementation of project plans, or to stimulate and develop the general economic welfare and prosperity of the state, except:

(a) No payment or grant may be used for any residential structure pursuant to § 11-9-42 ; and

(b) A recipient for a grant made for a district shall enter into an agreement with the governing body specifying the only purposes for which a grant may be used; and

(9) Incidental costs diminished by any income, special assessments, or other revenues, other than tax increments, received, or reasonably expected to be received, by the political subdivision, in connection with the implementation of the plan.

Source: SL 1978, ch 91, § 3; SL 1983, ch 37, § 7; SL 2011, ch 73, § 6; SL 2018, ch 70, § 18; SL 2022, ch 34, § 1; SL 2024, ch 45, § 7; SL 2026, ch 58, § 11.
S.D. Codified Laws § 11-2-47 — SD Code / Title 11 / Chapter 2 / Section 11-2-47
Verified statement of number of ballots and votes--Hearing on board proposal--Order incorporating special zoning area
Status: in_force

After the vote is cast and canvassed, the judges shall make a verified statement showing the whole number of ballots cast, together with the number voting for and the number voting against establishment or enlargement, and shall return the statement to the board at its next session. If satisfied with the legality of the election, the board shall make an order declaring that the special zoning area has been incorporated by the name or number adopted. The order is conclusive of the fact of establishment or enlargement.

In the case of a special zoning area that is proposed by the board, the board shall hold a public hearing at a meeting of the board on the proposed special zoning area. The meeting shall be held as specified in the notice published pursuant to § 11-2-43 . After the public hearing, the board shall determine whether the special zoning area is to be established or enlarged. If the board decides to establish or enlarge the special zoning area, the board shall issue an order incorporating the special zoning area.

Source: SL 1977, ch 104, § 17; SL 2000, ch 69, § 51; SL 2006, ch 63, § 8; SL 2011, ch 69, § 9.
S.D. Codified Laws § 11-8-15 — SD Code / Title 11 / Chapter 8 / Section 11-8-15
Notice and hearing by governing body on urban renewal plan
Status: in_force

The local governing body shall hold a public hearing on an urban renewal plan after public notice thereof. Such notice shall be given by publication once each week for two consecutive weeks, not less than ten nor more than thirty days prior to the date of the hearing in a legal newspaper having a general circulation in the urban renewal area of the municipality and by mailing a notice of such hearing not less than ten days prior to the date of the hearing to the persons whose names appear on the county treasurer's tax roll as the owner or reputed owner of the property within such proposed area, at the address shown on the tax roll. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban renewal area affected and shall outline the general scope of the urban renewal plan under consideration.

Source: SL 1966, ch 149, § 7 (3).
S.D. Codified Laws § 11-11-23 — SD Code / Title 11 / Chapter 11 / Section 11-11-23
Benefits of state employees provided
Status: in_force

The executive director and employees of the authority shall be provided comparable employee benefits offered to state employees by chapters 3-6C , 3-6E , 3-10 , 3-11 , and 3-12C and for purposes of administration of this section, the executive director and employees of the authority shall be offered no other employee benefits. The compensation paid for terminated employees is limited to accrued vacation pay and sick leave as provided in chapter 3-6C .

For purposes of implementation of this section, the authority may grant a maximum of the vacation pay and sick pay consistent with what the employee would have earned had he been covered by chapter 3-6C since the start of employment with the authority.

Source: SL 1979, ch 185, § 2; SDCL Supp, § 28-19-20.2; SL 2012, ch 78, § 8.
S.D. Codified Laws § 11-6-1 — SD Code / Title 11 / Chapter 6 / Section 11-6-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

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

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

(3) "Council," the chief legislative body or governing body of the municipality;

(4) "Mayor," the chief executive of the municipality, whether the official designation of such official be mayor, city manager, or otherwise;

(5) "Municipality" or "city," any incorporated city or town;

(6) Deleted by SL 2000, ch 69, § 63;

(7) "Street," any street, avenue, boulevard, road, lane, alley, or other roadway;

(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 and 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 regulation applying to such tract, parcel, lot, or site;

(9) "Subdivision ordinance," any ordinance adopted by the municipality 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;

(9A) "Temporary zoning or subdivision ordinance," an ordinance adopted as an emergency measure for a limited duration;

(10) "Zoning map," any map adopted as an ordinance by the municipality that delineates the extent of each district or zone established in the zoning ordinance;

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

Source: SL 1949, ch 198, § 1; SDC Supp 1960, § 45.3301; SL 1966, ch 145; SL 1975, ch 116, § 1; SL 1975, ch 117; SL 2000, ch 69, § 63.