S.D. Codified Laws § 11-7-86 — SD Code / Title 11 / Chapter 7 / Section 11-7-86
Notice and forfeiture on failure of purchaser or lessee to carry out required development--Repossession and completion of work by commission
Status: in_force

If the commission finds that the redevelopment is not being carried out or maintained in accordance with the contract terms and conditions, or there is a failure to prosecute the work with such diligence, or to assure its completion on time, it shall notify the purchaser or lessee and, when one exists, the surety in writing of the noncompliance. Unless the purchaser or lessee complies with the terms of agreement within twenty days from the date of such notice, a forfeiture by the purchaser or lessee to the commission shall result, and the commission may take over the work and may cause such work to be done, and, if there be a surety, the cost of the work shall be paid by the surety. The commission may take possession of and utilize in completion of the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. Thereafter, the commission may operate, sell, or lease the completed premises on such terms as are agreeable with it.

Source: SL 1950 (SS), ch 13, § 19, subdiv 5; SDC Supp 1960, § 45.3619 (5).
S.D. Codified Laws § 11-2-46 — SD Code / Title 11 / Chapter 2 / Section 11-2-46
Form of ballot--Majority vote required
Status: in_force

The vote upon the question of establishing or enlarging a special zoning area shall be by ballot which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney. If a majority of those voting vote in favor of the establishment or enlargement, the territory is from that time a special zoning area by the name and style specified in the order of the board.

Source: SL 1977, ch 104, § 16; SL 2000, ch 69, § 50; SL 2006, ch 29, § 2; SL 2011, ch 69, § 8.
S.D. Codified Laws § 11-11-47 — SD Code / Title 11 / Chapter 11 / Section 11-11-47
Authority as state issuing agency and housing credit agency
Status: in_force

The authority is an agency of the state which is an issuing authority within the meaning of § 146 of the Internal Revenue Code of 1986 and the State Housing Credit Agency within the meaning of § 42(h)(7)(A) of the Internal Revenue Code of 1986. The authority may administer the provisions of § 42 of the Internal Revenue Code of 1986.

Source: SL 1981, ch 221, § 2; SDCL Supp, § 28-19-39.4; SL 1984, ch 106, § 2; SL 1987, ch 118, § 3; SL 2012, ch 78, § 26.
S.D. Codified Laws § 11-7-27 — SD Code / Title 11 / Chapter 7 / Section 11-7-27
Cooperation with federal government or state in carrying out projects
Status: in_force

A commission shall have further power to cooperate with or act as agent for the federal government, the state or any state public body, or any agency or instrumentality of the foregoing, in carrying out any of the provisions of this chapter or any other related federal, state, or local legislation.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (2); SDC Supp 1960, § 45.3607 (3) (b).
S.D. Codified Laws § 11-9-39.1 — SD Code / Title 11 / Chapter 9 / Section 11-9-39.1
State pledge not to alter rights vested in bondholders until bonds fully discharged
Status: in_force

The State of South Dakota does hereby pledge to and agree with the holders of any bonds issued under this chapter that the state will not alter the rights vested in the bondholders until such bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged.

Source: SL 1989, ch 125, § 4; SL 2011, ch 73, § 17.
S.D. Codified Laws § 11-2-51 — SD Code / Title 11 / Chapter 2 / Section 11-2-51
Meetings of board of adjustment--Powers of chair--Meetings public
Status: in_force

Meetings of the board of adjustment are held at the call of the chair and at such other times as the board of adjustment determines. The chair or, in the chair's absence, the acting chair may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment are open to the public.

Source: SL 2000, ch 69, § 21.
S.D. Codified Laws § 11-11-78 — SD Code / Title 11 / Chapter 11 / Section 11-11-78
Purchase of authority's own bonds--Cancellation--Resale
Status: in_force

The authority may, subject to any agreement with bondholders, purchase bonds of the authority out of any funds or money of the authority available therefor, and hold, cancel, or resell such bonds.

Source: SL 1973, ch 180, § 12 (19); SDCL Supp, § 28-19-69; SL 2012, ch 78, § 43.
S.D. Codified Laws § 11-8-57 — SD Code / Title 11 / Chapter 8 / Section 11-8-57
Fair value of property leased, transferred or retained--Factors considered in determining fair value
Status: in_force

Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, a municipality shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee or by the municipality retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas.

Source: SL 1966, ch 149, § 10 (1).
S.D. Codified Laws § 11-11-16 — SD Code / Title 11 / Chapter 11 / Section 11-11-16
Surety bonds of commissioners and executive director--Blanket bond--Payment of cost
Status: in_force

Before entering into a commissioner's duties, each commissioner of the authority shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars or, in lieu thereof, the chair of the authority shall execute a blanket bond or obtain an insurance policy covering each member, the executive director, and the employees or other officers of the authority, each surety bond and insurance policy to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company or insurance company authorized to transact business in this state and to be approved by the attorney general and filed in the office of the secretary of state. The cost of each such bond or insurance policy shall be paid by the authority.

Source: SL 1973, ch 180, § 10; SDCL Supp, § 28-19-15; SL 2012, ch 78, § 5.
S.D. Codified Laws § 11-7-42 — SD Code / Title 11 / Chapter 7 / Section 11-7-42
Exercise of combination of powers
Status: in_force

A commission may exercise all or any part or combination of the powers granted by this chapter within its area of operation.

Source: SL 1950 (SS), ch 13, § 7, subdiv 4; SDC Supp 1960, § 45.3607 (4).
S.D. Codified Laws § 11-11-150 — SD Code / Title 11 / Chapter 11 / Section 11-11-150
Amount and amortization of non-FHA loans
Status: in_force

In the case of a mortgage loan not insured by FHA the amount of the loan may not exceed one hundred percent of the total housing development cost as determined by the authority and the amortization period of such loan shall be determined in accordance with regulations formulated and published by the authority; but in no event may such amortization period exceed fifty years. If the mortgage loan provided by the authority is subordinated to mortgage loans made by other lenders to finance the multifamily residential housing project or day - care facility, the foregoing limitation shall be applied to the aggregate of mortgage financing provided from all sources.

Source: SL 1973, ch 180, § 19 (2); SDCL Supp, § 28-19-128; SL 1995, ch 80, § 20.
S.D. Codified Laws § 11-4-24 — SD Code / Title 11 / Chapter 4 / Section 11-4-24
Governing body acting as board of adjustment--Chairman of board--Vote required for reversal, exception or variance
Status: in_force

In lieu of appointing the board of adjustment provided by § 11-4-13 , the governing body of any municipality having adopted and effectuated a zoning ordinance may act as and perform all the duties and exercise the powers of such board of adjustment. Whenever the governing body is acting as the board of adjustment, the mayor or president of the board of trustees is chairman of the board of adjustment. The concurring vote of at least two - thirds of the members of such board shall be 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 such ordinance.

Source: SL 1941, ch 202; SDC Supp 1960, § 45.2607-1; SL 2021, ch 55, § 10.
S.D. Codified Laws § 11-14-4 — SD Code / Title 11 / Chapter 14 / Section 11-14-4
Promulgation of rules--Meetings--Witnesses--Record of proceedings
Status: in_force

The board established pursuant to § 11-14-3 shall adopt rules in accordance with the provisions of any ordinance adopted under chapter 50-10 . Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in the chair's absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be public. The board 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. The minutes shall immediately be filed in the office of the board and are a public record.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SL 2010, ch 227, § 62; SDCL § 50-10-16 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-11-82 — SD Code / Title 11 / Chapter 11 / Section 11-11-82
Compliance with certain other state laws not required
Status: in_force

The issuance of bonds and the refunding of bonds under the provisions of this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds or other obligations. Contracts for the construction and acquisition of any housing developments undertaken pursuant to this chapter need not comply with the provisions of any other state law applicable to contracts for the construction and acquisition of state owned property. No proceedings, notice, or approval are required for the issuance of any bonds or any instrument as security therefor, except as provided in this chapter.

Source: SL 1973, ch 180, § 51; SDCL Supp, § 28-19-73; SL 2012, ch 78, § 45.
S.D. Codified Laws § 11-7-67 — SD Code / Title 11 / Chapter 7 / Section 11-7-67
Families with increased income required to move from project
Status: in_force

If it is found upon any investigation pursuant to § 11-7-65 that the net incomes of any families have increased beyond the maximum income limits fixed pursuant to this chapter for continued occupancy in such housing, those families shall be required to move from the project.

Source: SL 1950 (SS), ch 13, § 16, subdiv 1; SDC Supp 1960, § 45.3616 (1).
S.D. Codified Laws § 11-7-11 — SD Code / Title 11 / Chapter 7 / Section 11-7-11
Composition of commission--Certain public officers and employees ineligible
Status: in_force

A commission shall consist of five commissioners, who, unless otherwise provided by ordinance, shall be residents of the area of operation of the commission, appointed after the resolution provided for in § 11-7-7 becomes finally effective. In municipalities of the first class, no public officer or employee of the municipality may serve as a commissioner. However, if the municipality employs a city manager, the governing body may, by resolution, constitute itself as the commission. In municipalities of the second and third class and in counties, the commission may be made up of members of the governing body, but may not include employees of the municipality or county. However, in municipalities of the second and third class and in counties, a majority of the commission may not be comprised of the governing body. A commissioner may be a notary public.

Source: SL 1950 (SS), ch 13, § 3, subdiv 4; SDC Supp 1960, § 45.3603 (4); SL 1968, ch 186, § 3 (4); SL 1991, ch 112; SL 1992, ch 104; SL 2002, ch 69, § 1.
S.D. Codified Laws § 11-7-37 — SD Code / Title 11 / Chapter 7 / Section 11-7-37
Power to hold, improve, lease, or dispose of property
Status: in_force

A commission shall have further power to own, hold, and improve real or personal property and to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (12); SDC Supp 1960, § 45.3607 (3) (1).
S.D. Codified Laws § 11-13-3 — SD Code / Title 11 / Chapter 13 / Section 11-13-3
Duties of administrative agency
Status: in_force

The administrative agency shall:

(1) Develop program guidelines;

(2) Market the fund to eligible applicants;

(3) Receive, review, and evaluate proposals;

(4) Submit funding proposal recommendations to the oversight commission;

(5) Administer annual monitoring and reporting on the fund;

(6) Create operating rules and guidelines for the oversight commission; and

(7) Perform all other activities necessary to support the administration of the fund.

Source: SL 2013, ch 7, § 15, eff. Mar. 20, 2013.
S.D. Codified Laws § 11-11-137 — SD Code / Title 11 / Chapter 11 / Section 11-11-137
Court actions to enforce loans or protect the public interest--Foreclosure
Status: in_force

The authority may institute any action or proceeding against any housing sponsor or persons and families receiving a loan pursuant to the provisions of this chapter, or owning any housing development or housing project pursuant to the provisions of this chapter in any court of competent jurisdiction in order to enforce the provisions of this chapter or the terms and provisions of any agreement or contract between the authority and such recipients of loans under the provisions of this chapter, or to foreclose its mortgage, or to protect the public interest, the occupants of the housing development, or the stockholders or creditors of such sponsor.

Source: SL 1973, ch 180, § 14 (5); SDCL Supp, § 28-19-118; SL 1983, ch 106, § 4AA; SL 2012, ch 78, § 88.
S.D. Codified Laws § 11-3-20 — SD Code / Title 11 / Chapter 3 / Section 11-3-20
General procedure for vacation of plats--Supplemental to vacation by instrument
Status: in_force

Sections 11-3-20.1 , 11-3-20.2 , 11-3-21.1 , 11-3-22.1 , 11-3-23.1 , and 11-3-24.1 , are prescribed as the procedures to be followed for the vacation of part or all of any recorded plat of the State of South Dakota. Said sections are intended as supplemental to § 11-3-16 and only direct the procedure to be followed where and when the facts and conditions, at the time of vacation, are other than as specifically set forth in § 11-3-16 .

Source: SL 1947, ch 212; SL 1953, ch 266, § 1; SDC Supp 1960, § 45.2815 (6); SL 1974, ch 109, § 1.
S.D. Codified Laws § 11-3-8.2 — SD Code / Title 11 / Chapter 3 / Section 11-3-8.2
Liability of developer for sewage pollution
Status: in_force

The developer of any plat approved pursuant to § 11-3-8.1 shall be liable for the execution of the provisions required by § 11-3-8.1 to protect such water from pollution and shall be liable for any pollution that occurs for failure to execute such provisions.

Source: SL 1992, ch 106, § 2A.
S.D. Codified Laws § 11-8-65 — SD Code / Title 11 / Chapter 8 / Section 11-8-65
Exemption from judicial process of urban renewal property--Remedies of obligees preserved
Status: in_force

All property of a municipality, including funds, owned or held by it for the purposes of this chapter 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 judgment against a municipality be a charge or lien upon such property: provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by a municipality on its rents, fees, grants, or revenues from urban renewal projects.

Source: SL 1966, ch 149, § 13.
S.D. Codified Laws § 11-8-38 — SD Code / Title 11 / Chapter 8 / Section 11-8-38
Municipal election to delegate powers to urban renewal agency--Exercise of powers through other officers
Status: in_force

A municipality may itself exercise its urban renewal powers, as defined in § 11-8-39 , or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency, created by § 11-8-40 , or by the housing authority, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all of the urban renewal powers in the same manner as though all such powers were conferred on such agency or authority instead of the municipality. If the local governing body does not elect to make such determination, the municipality in its discretion may exercise its urban renewal powers through a board or commissioner or through such officers of the municipality as the local governing body may by resolution determine.

Source: SL 1966, ch 149, § 16.
S.D. Codified Laws § 11-8-44 — SD Code / Title 11 / Chapter 8 / Section 11-8-44
Removal of commissioner from office--Notice and hearing
Status: in_force

For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he shall have been given a copy of the charges at least ten days prior to such hearing and have had an opportunity to be heard in person or by counsel.

Source: SL 1966, ch 149, § 17 (4).
S.D. Codified Laws § 11-8-20 — SD Code / Title 11 / Chapter 8 / Section 11-8-20
Plan or modification effective on approval by governing body
Status: in_force

Upon the approval by the local governing body of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area and the municipality may then cause such plan or modification to be carried out in accordance with its terms.

Source: SL 1966, ch 149, § 7 (6).
S.D. Codified Laws § 11-2-3 — SD Code / Title 11 / Chapter 2 / Section 11-2-3
Term of office of appointed commission members--Removal for cause--Ex officio members
Status: in_force

The term of each of the appointed members of the county planning commission shall be for three to five years as the board of county commissioners may provide. However, when the planning commission is first appointed, the lengths of the terms shall be varied so that no more than one - third of the terms shall expire in the same year. Any appointed member of the county planning commission may be removed for cause, after hearing prior to the expiration of the term by a majority vote of the elected members of the board of county commissioners. Administrative officials of the county may be appointed as ex officio members of the commission.

Source: SL 1967, ch 20, § 2; SL 1968, ch 23; SL 1974, ch 107; SL 1995, ch 78.
S.D. Codified Laws § 11-6-12.1 — SD Code / Title 11 / Chapter 6 / Section 11-6-12.1
Joint meeting to act on recommendations--County concurrence required for municipal extraterritorial powers--Petition for relinquishment of zoning jurisdiction
Status: in_force

Following notice and public hearing as required by §§ 11-2-19 and 11-4-4 , the board of county commissioners and the municipal governing body shall meet jointly and take action upon the recommendations from the two planning commissions. The zoning regulations that apply in the joint jurisdictional area shall be adopted by ordinance of each governing body. The notice and public hearing requirements of this section apply to any proposed amendments to the zoning regulations. Any change in the zoning of property is subject to the requirements of §§ 11-2-19 and 11-2-28.1 .

Source: SDCL, § 11-6-12 as added by SL 1975, ch 116, § 7; SL 1989, ch 124; SL 2003, ch 77, § 6.
S.D. Codified Laws § 11-14-9 — SD Code / Title 11 / Chapter 14 / Section 11-14-9
Board to decide by majority vote
Status: in_force

The concurring vote of a majority of the members of the board of appeals shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-21 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-8-24 — SD Code / Title 11 / Chapter 8 / Section 11-8-24
Municipal power to develop plans--Demonstration projects
Status: in_force

Every municipality shall have the power, within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this chapter and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify and amend such plans, which plans may include, but are not limited to:

(1) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;

(2) Plans for the enforcement of state and local laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and

(3) Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities;

Source: SL 1966, ch 149, § 8 (7).
S.D. Codified Laws § 11-3-2 — SD Code / Title 11 / Chapter 3 / Section 11-3-2
Corner markers to be planted--Marking on plat
Status: in_force

A registered land surveyor engaged by the owner shall at the time of surveying and laying out the property cause to be planted and firmly fixed in the ground at the corners of each block, lot, parcel, or tract, permanent markers constructed and placed in accordance with the rules adopted pursuant to § 43-20-7 . The point set shall be distinguished on the plat.

Source: PolC 1877, ch 26, § 3; CL 1887, § 1097; RPolC 1903, § 1492; RC 1919, § 6539; SDC 1939, § 45.2803; SL 1979, ch 93, § 3; SL 1986, ch 317, § 3; SL 2011, ch 70, § 1.
S.D. Codified Laws § 11-3-10 — SD Code / Title 11 / Chapter 3 / Section 11-3-10
Sizes of plats filed with register--Materials used
Status: in_force

Each plat filed with the register of deeds shall be fifteen by twenty - six inches, eleven by seventeen inches, or eight and one - half by fourteen inches. Each plat shall be drawn on drafting linen, matte film, or mylar, with waterproof black ink and each signature shall be made with permanent ink. No other plat may be recorded.

Source: SDC 1939, § 45.2804 as enacted by SL 1967, ch 224, § 1; SL 1970, ch 85; SL 1979, ch 93, § 10; SL 2001, ch 63, § 1.
S.D. Codified Laws § 11-13-9 — SD Code / Title 11 / Chapter 13 / Section 11-13-9
Annual report by oversight commission
Status: in_force

The oversight commission shall submit to the Governor and the Legislature an annual report which includes the activity and use of funds for the South Dakota housing opportunity fund.

Source: SL 2013, ch 7, § 21, eff. Mar. 20, 2013.
S.D. Codified Laws § 11-11-14 — SD Code / Title 11 / Chapter 11 / Section 11-11-14
Corporate officers and employees eligible as commissioners--Abstention on conflict of interests
Status: in_force

Notwithstanding any other law to the contrary it shall not be or constitute a conflict of interest for a director, officer, or employee of any financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any other firm, person, or corporation to serve as a member of the authority, provided such trustee, director, officer, or employee shall abstain from deliberation, action, and vote by the authority in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.

Source: SL 1973, ch 180, § 11; SDCL Supp, § 28-19-13.
S.D. Codified Laws § 11-11-95 — SD Code / Title 11 / Chapter 11 / Section 11-11-95
Negotiability of bonds
Status: in_force

Whether or not the bonds are of the form and character as to be negotiable instruments under the terms of the South Dakota Uniform Commercial Code, the bonds are hereby made negotiable instruments within the meaning of and for all the purposes of the South Dakota Uniform Commercial Code, subject only to the provisions of the bonds for registration.

Source: SL 1973, ch 180, § 36; SDCL Supp, § 28-19-86; SL 2012, ch 78, § 58.
S.D. Codified Laws § 11-6-30 — SD Code / Title 11 / Chapter 6 / Section 11-6-30
Special assessment provisions in lieu of bond for completion of subdivision work
Status: in_force

Subdivision regulations may provide in lieu of the completion of such work and installations previous to the final approval of a plat for an assessment or other method whereby the municipality is put in an assured position to do said work and make said installations at the cost of the owners of the property within the subdivision.

Source: SL 1949, ch 198, § 12; SDC Supp 1960, § 45.3312; SL 1966, ch 145.
S.D. Codified Laws § 11-7-9 — SD Code / Title 11 / Chapter 7 / Section 11-7-9
Publication of notice and hearing on resolution to activate housing and redevelopment commission--Publication as ordinance
Status: in_force

The governing body of a municipality or a county shall consider a resolution under § 11-7-7 only after a public hearing held thereon after one publication of notice in a legal newspaper, published in the county in which the commission is located. The notice shall describe the time and place of the hearing. Opportunity to be heard shall be granted to all residents of the municipality or the county as applicable and its environs and to all other interested persons. The resolution shall be published in the same manner in which ordinances are published in the municipality or the county.

Source: SL 1950 (SS), ch 13, § 3, subdiv 2; SDC Supp 1960, § 45.3603 (2); SL 1968, ch 186, § 3 (2); SL 1982, ch 60, § 10.
S.D. Codified Laws § 11-8-75 — SD Code / Title 11 / Chapter 8 / Section 11-8-75
Chapter controlling and supplemental to other laws
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling. The powers conferred by this chapter shall be held and construed as ancillary and supplemental to the powers conferred by any other law.

Source: SL 1966, ch 149, § 21.
S.D. Codified Laws § 11-7-30 — SD Code / Title 11 / Chapter 7 / Section 11-7-30
Power to issue evidences of indebtedness
Status: in_force

A commission shall have further power to issue bonds, notes, or other evidences of indebtedness, as hereinafter provided.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (5); SDC Supp 1960, § 45.3607 (3) (e).
S.D. Codified Laws § 11-9-45 — SD Code / Title 11 / Chapter 9 / Section 11-9-45
Disposition of funds remaining after payment of project costs and bonds
Status: in_force

After all project costs and all tax increment bonds of the district have been paid or provided for, subject to any agreement with bondholders, any moneys remaining in the fund must be paid to each taxing district in the amount belonging to each respectively, with due regard for what portion of the moneys, if any, represent tax increments not allocated to the political subdivision and what portion, if any, represents voluntary deposits of the political subdivision into the fund.

Source: SL 1978, ch 91, § 18; SL 2011, ch 73, § 20; SL 2018, ch 70, § 44; SL 2024, ch 45, § 19.
S.D. Codified Laws § 11-11-122 — SD Code / Title 11 / Chapter 11 / Section 11-11-122
Loans to mortgage lenders for new residential mortgages
Status: in_force

The authority may make loans to mortgage lenders under terms and conditions requiring the proceeds to be used by such mortgage lenders for the making of new residential mortgages.

Source: SL 1973, ch 180, § 17 (2); SDCL Supp, § 28-19-105; SL 2012, ch 78, § 76.
S.D. Codified Laws § 11-2-59 — SD Code / Title 11 / Chapter 2 / Section 11-2-59
Reversal--Two-thirds majority vote
Status: in_force

The concurring vote of two-thirds of the members of the board of adjustment is necessary to reverse any order, requirement, decision, or determination of any administrative official or to effect any variation in the ordinance. An initial conditional use determination of the board of adjustment shall be determined by the vote set forth in § 11-2-17.3 .

Source: SL 2000, ch 69, § 29; SL 2003, ch 78, § 4; SL 2004, ch 101, § 4; SL 2015, ch 72, § 5; SL 2016, ch 71, § 4; SL 2020, ch 41, § 9.
S.D. Codified Laws § 11-9-33 — SD Code / Title 11 / Chapter 9 / Section 11-9-33
Bonds authorized for payment of project costs
Status: in_force

For the purpose of paying project costs, the governing body may issue tax increment bonds payable out of positive tax increments.

Source: SL 1978, ch 91, § 21; SL 2011, ch 73, § 10; SL 2018, ch 70, § 34.
S.D. Codified Laws § 11-2-62 — SD Code / Title 11 / Chapter 2 / Section 11-2-62
Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order
Status: in_force

Upon the presentation of the petition, the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and shall prescribe the time within which a return must be made and served upon the relator's attorney, which may not be less than ten days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board of adjustment and on due cause shown, grant a restraining order.

Source: SL 2000, ch 69, § 32.
S.D. Codified Laws § 11-4-4.2 — SD Code / Title 11 / Chapter 4 / Section 11-4-4.2
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 § 11-4-4.1 . 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, § 2.
S.D. Codified Laws § 11-2-17.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-17.1
Permanent subdivision ordinances enacted by county commissioners--Counties with comprehensive plans exempted--Notice and hearing requirements
Status: in_force

The board may enact permanent subdivision ordinances as defined in subdivision 11-2-1(7). The board need not follow the procedures provided in this chapter pursuant to the comprehensive plan in implementing this section. This section does not apply to any county that has adopted a comprehensive plan. Before adoption of its subdivision ordinance or any amendment thereto, the 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 county. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment.

Source: SL 1979, ch 91; SL 1999, ch 65, § 3; SL 2000, ch 69, § 9.
S.D. Codified Laws § 11-7-105 — SD Code / Title 11 / Chapter 7 / Section 11-7-105
Commissioners not personally liable on bonds--Public debt not created--Debt limitations not applicable
Status: in_force

Neither the commissioners of a commission nor any person executing the bonds is liable personally on the bonds by reason of the issuance of the bonds. The bonds and other obligations of a commission (and such bonds and obligations shall so state on their face) are not a debt of the first or second class municipality, the state, or any other political subdivision of the state and neither the municipality nor the state or any other political subdivision is liable for the bonds. Except as may be provided pursuant to subdivision 11-7A-2(8), the bonds or obligations are not payable out of any funds or properties other than those of the commission. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

Source: SL 1950 (SS), ch 13, § 21; SDC Supp 1960, § 45.3621; SL 1992, ch 60, § 2; SL 1996, ch 93, § 1.
S.D. Codified Laws § 11-10-9 — SD Code / Title 11 / Chapter 10 / Section 11-10-9
Alternative disclosure of information required by federal law
Status: in_force

If the new residential building is subject to both the National Manufactured Housing Construction and the Safety Standards Act pursuant to the United States Code, title 42 section 5403 and the Federal Trade Commission regulation on labeling and advertising of home insulation pursuant to 16 C.F.R. section 460.16, both as in effect on January 1, 2009, the builder or seller may disclose, instead of the information required by § 11-10-8 , the information regarding the new residential building that is required to be disclosed pursuant to the federal act and regulation.

Source: SL 2009, ch 63, § 3.
S.D. Codified Laws § 11-11-149 — SD Code / Title 11 / Chapter 11 / Section 11-11-149
Amount and amortization period of FHA loans
Status: in_force

The ratio of loan to total housing development cost and the amortization period of loans made under this chapter which are insured by the Federal Housing Administration (FHA) shall be governed by the FHA mortgage insurance commitment for each housing development; but in no event shall such amortization period exceed fifty years.

Source: SL 1973, ch 180, § 19 (2); SDCL Supp, § 28-19-127.
S.D. Codified Laws § 11-14-1 — SD Code / Title 11 / Chapter 14 / Section 11-14-1
Adoption or change of zoning regulations by local governing body--Public hearing--Notice
Status: in_force

No airport zoning regulations may be adopted, amended, or changed under chapter 50-10 except by action of the governing body of the political subdivision in question after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice of the hearing shall be given at least fifteen days prior to the date of the hearing by publication of a notice of the time and place of holding the hearing in a legal newspaper or a newspaper of general circulation published in the political subdivision or subdivisions in which is located the airport hazard to be zoned. However, if there be no such newspaper, the notice shall be published in the nearest legal newspaper or newspaper of general circulation.

Source: SL 1943, ch 2, § 6 (1); SL 1949, ch 8, § 4; SDC Supp 1960, § 2.0511; SL 2010, ch 227, § 60; SDCL § 50-10-13 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-2-31 — SD Code / Title 11 / Chapter 2 / Section 11-2-31
Preparation by county commission of municipal plans and ordinances--Adoption by municipality
Status: in_force

The governing body of any municipality may request a county planning commission to submit to the municipal governing body a comprehensive plan for the municipality setting forth such provisions as the county planning commission deems applicable to the municipality for its best interests, or to prepare zoning or subdivision ordinances to apply to the area within the municipality. Notwithstanding the adoption of the comprehensive plan and recommendations for the municipality, the plan and recommendations are not binding until zoning or subdivision ordinances are adopted by the municipality in accordance with the plan.

Source: SL 1967, ch 20, § 9; SL 1975, ch 113, § 19; SL 2000, ch 69, § 42.
S.D. Codified Laws § 11-8-26 — SD Code / Title 11 / Chapter 8 / Section 11-8-26
Relocation assistance and payments to persons displaced from urban renewal area
Status: in_force

Every municipality shall have the power to prepare plans for and assist in the relocation of persons, including individuals, families, business concerns, nonprofit organizations and others, displaced from an urban renewal area, and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government.

Source: SL 1966, ch 149, § 8 (8).
S.D. Codified Laws § 11-4-3 — SD Code / Title 11 / Chapter 4 / Section 11-4-3
Comprehensive plan required--Purposes of plan--Factors considered in regulations
Status: in_force

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

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

Source: SL 1927, ch 176, § 3; SDC 1939, § 45.2603.
S.D. Codified Laws § 11-9-44 — SD Code / Title 11 / Chapter 9 / Section 11-9-44
Notice to purchaser or lessee and surety of noncompliance with contract--Taking possession of work site
Status: in_force

If the governing body finds that the redevelopment is not being carried out or maintained in accordance with the contract terms and conditions, or there is a failure to perform the work with diligence, or to assume the work's completion on time, the governing body shall notify the purchaser or lessee and the surety in writing of the noncompliance. Unless the purchaser or lessee complies with the terms of the agreement within twenty days from the date of the notice, the governing body may take over the work and may cause the work to be done, and the cost of the work shall be paid by the surety. The governing body may take possession of the site of the work and utilize in completion of the work the materials, appliances, and plant on the site of the work and necessary to complete the work.

Source: SL 1978, ch 91, § 9; SL 2018, ch 70, § 43.
S.D. Codified Laws § 11-7-61 — SD Code / Title 11 / Chapter 7 / Section 11-7-61
Religious and political discrimination prohibited in selection of tenants
Status: in_force

There shall be no discrimination in the selection of tenants because of religious, political, or other affiliations.

Source: SL 1950 (SS), ch 13, § 14; SDC Supp 1960, § 45.3614.
S.D. Codified Laws § 11-8-63 — SD Code / Title 11 / Chapter 8 / Section 11-8-63
Disposition of urban renewal property for resale by public body or nonprofit corporation--Purchaser or lessee required to develop
Status: in_force

Notwithstanding any other provisions of this chapter, where the municipality is situated in an area designated as a redevelopment area under the Federal Area Redevelopment Act (Public Law 87-27) or succeeding law, land in an urban renewal project area designated under the urban renewal plan for industrial or commercial uses may be disposed of to any public body or nonprofit corporation for subsequent disposition as promptly as practicable by the public body or corporation for redevelopment in accordance with the urban renewal plan, and only the purchaser from or lessee of the public body or corporation, and their assignees, shall be required to assume the obligation of beginning the building of improvements within a reasonable time. Any disposition of land to a public body or corporation under this section shall be made at its fair value for uses in accordance with the urban renewal plan.

Source: SL 1966, ch 149, § 10 (5).
S.D. Codified Laws § 11-5-10 — SD Code / Title 11 / Chapter 5 / Section 11-5-10
Online management and communication platform permitted
Status: in_force

It is lawful for the owner of real property exercising the power conferred by § 11-5-1 to use an online management and communication platform for the purpose of voting online notwithstanding the provisions of chapters 47-22 and 47-23 .

Source: SL 2024, ch 43, § 1.
S.D. Codified Laws § 11-15-6 — SD Code / Title 11 / Chapter 15 / Section 11-15-6
Promulgation of rules
Status: in_force

The authority shall promulgate rules, pursuant to chapter 1-26 , specifying the criteria and process for the application, approval, and disbursement of:

(1) Loans and grants provided in accordance with §§ 11-15-1 to 11-15-5 , inclusive, and § 11-15-7 ;

(2) Loans provided in accordance with § 11-15-8 ; and

(3) Loans provided in accordance with § 11-15-9 .

Source: SL 2023, ch 41, § 13, eff. Feb. 1, 2023; SL 2025, ch 56, § 1; SL 2026, ch 62, § 1.
S.D. Codified Laws § 11-7-76 — SD Code / Title 11 / Chapter 7 / Section 11-7-76
Recommendation of redevelopment plan to governing body--Statements to accompany redevelopment plan
Status: in_force

Upon receipt of the recommendations of the planning agency, or if no planning agency exists, without such recommendations the commission may recommend a redevelopment plan to the governing board of the municipality or the county as applicable for approval. The recommendation shall be accompanied by the redevelopment plan, a statement of the method proposed for financing the redevelopment project, and a statement of a feasible method for the temporary relocation of families to be displaced from the redevelopment project area, and of the availability or future provision in the redevelopment project area or in other areas not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families displaced from the project area, of decent, safe, and sanitary dwellings equal in number to the number of such displaced families and reasonably accessible to their places of employment.

Source: SL 1950 (SS), ch 13, § 18, subdiv 3; SDC Supp 1960, § 45.3618 (3); SL 1968, ch 186, § 9 (3).
S.D. Codified Laws § 11-2-65 — SD Code / Title 11 / Chapter 2 / Section 11-2-65
Court may reverse or affirm decision of board--Costs
Status: in_force

The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. On motion, the court may award reasonable attorneys' fees and costs of the action in an action brought to the court under this chapter against any non-prevailing party relative to the petition for writ of certiorari.

Costs and attorneys' fees are not allowed against the board of adjustment unless the court determines that the board of adjustment acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

Source: SL 2000, ch 69, § 35; SL 2020, ch 41, § 14.
S.D. Codified Laws § 11-2-38 — SD Code / Title 11 / Chapter 2 / Section 11-2-38
Survey and map of territory to be zoned--Affidavit
Status: in_force

Persons making application for the establishment or enlargement of a special zoning area, or the board if it is proposing the establishment of a special zoning area, shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of the special zoning area, showing the boundaries and area of the proposed special zoning area. The accuracy of the survey and map shall be verified by the affidavit of the surveyor.

Source: SL 1977, ch 104, § 8; SL 2000, ch 69, § 45; SL 2006, ch 63, § 2; SL 2011, ch 69, § 2.
S.D. Codified Laws § 11-6-16 — SD Code / Title 11 / Chapter 6 / Section 11-6-16
Plan proposed as a whole or in part
Status: in_force

The planning commission shall propose to the council the comprehensive plan as a whole by a single resolution, or, as the work of making the whole comprehensive plan progresses, may from time to time propose a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan.

Source: SL 1949, ch 198, § 7; SDC Supp 1960, § 45.3307; SL 1966, ch 145; SL 1975, ch 116, § 9.
S.D. Codified Laws § 11-11-141 — SD Code / Title 11 / Chapter 11 / Section 11-11-141
Promulgation of rules regarding borrowers, admission of occupants, and ancillary commercial facilities
Status: in_force

The authority may promulgate rules pursuant to this chapter, regarding the definition of persons and families of low and moderate income, the regulation of borrowers, the admission of occupants to housing developments pursuant to this chapter, and the construction of ancillary commercial facilities.

Source: SL 1973, ch 180, § 14 (3); SDCL Supp, § 28-19-122; SL 1985, ch 103, § 2; SL 2012, ch 78, § 89.
S.D. Codified Laws § 11-7-1 — SD Code / Title 11 / Chapter 7 / Section 11-7-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Area of operation," in the case of a commission created in and for a municipality or county, the area within the territorial boundaries of that municipality or that county;

(2) "Bonds," any bonds, including refunding bonds, notes, interim certificates, debentures, or other obligations issued by a commission pursuant to this chapter;

(3) "Clerk," the auditor of a first or second class municipality or clerk of a third class municipality, or county auditor;

(4) "Commission," a municipal housing and redevelopment commission created by this chapter;

(5) "Federal government," includes the United States of America, the housing and home finance agency, the public housing administration, or any other department, agency, or instrumentality, corporate or otherwise, of the United States of America;

(6) "Federal legislation," includes the "United States Housing Act of 1937," the "Housing Act of 1949," any act in amendment thereof or in addition thereto, and any other legislation of the Congress of the United States relating to federal assistance for clearance of substandard or decadent areas, land assembly, redevelopment projects, or housing;

(7) "Governing body," the board of commissioners, common council, board of trustees, or other body charged with governing any municipality;

(7A) "Housing development project," any work or undertaking to provide housing for persons of moderate income and their families. This work or undertaking may include the planning of building and improvements, the acquisition of real property which may be needed immediately or in the future for housing purposes, the construction, reconstruction, alteration and repair of new or existing buildings and the provisions of all equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, utilities, site preparation, landscaping, administrative, community health, recreation, or welfare, or other purposes;

(8) "Mayor," the mayor or president of the board of trustees of a municipality, or the officer of the municipality charged with the duties customarily imposed on the mayor or executive head of the municipality;

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

(10) "Obligee of the commission" or "obligee," includes any bondholder, agents or trustees for any bondholder, and the federal government if it is a party to any contract with the commission;

(11) "Person," any individual, firm, partnership, limited liability company, corporation, company association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof;

(12) "Persons of low income," persons or families who lack the amount of income which is necessary (as determined by the commission undertaking a project in accordance with the provisions of this chapter) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding;

(12A) "Persons of moderate income and their families," persons and families whose income is not adequate to cause private enterprise to provide without governmental assistance a substantial supply of decent, safe, and sanitary housing at rents or prices within their financial means;

(13) "Project," a housing project or redevelopment project (as defined in §§ 11-7-4 and 11-7-5 ) or both or a housing development project. The term also may be applied to all real and personal property, assets, cash, or other funds, held or used in connection with the development or operation of the housing project or redevelopment project, as the case may be;

(14) "Real property," includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years;

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

Source: SL 1950 (SS), ch 13, § 2; SDC Supp 1960, § 45.3602; SL 1968, ch 186, § 2; SL 1992, ch 60, § 2; SL 1994, ch 351, § 29; SL 1995, ch 80, § 1.
S.D. Codified Laws § 11-6-35 — SD Code / Title 11 / Chapter 6 / Section 11-6-35
Sale, transfer, or negotiation to sell lots before approval and recording of plat as petty offense--Injunction
Status: in_force

It is a petty offense for the owner or agent of the owner of the land located within the platting jurisdiction of any municipality as described in § 11-6-26 , knowingly or with intent to defraud, to transfer or sell, to agree to sell, or to negotiate to sell such land by reference to or exhibition of or by other use of a subdivision of such land before the plat has been approved by the council and recorded in the office of the register of deeds, for each lot so transferred or sold or agreed or negotiated to be sold. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties. A municipality may enjoin such transfer or sale or agreement by action for injunction.

Source: SL 1949, ch 198, § 15; SDC Supp 1960, § 45.3315; SL 1966, ch 145; SL 1982, ch 86, § 78.
S.D. Codified Laws § 11-14-10 — SD Code / Title 11 / Chapter 14 / Section 11-14-10
Appeal to circuit court from board of appeals--Petition--Time for petition
Status: in_force

Any person aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, may present to the circuit court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the decision is filed in the office of the board.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (1); SDCL § 50-10-22 ; SL 2019, ch. 203, § 84.
S.D. Codified Laws § 11-7-21 — SD Code / Title 11 / Chapter 7 / Section 11-7-21
Power to undertake, carry out, operate, construct, and repair projects
Status: in_force

A commission shall have power within its area of operation to undertake, prepare, carry out, and operate projects and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any project or part thereof.

Source: SL 1950 (SS), ch 13, § 7, subdiv 1 (4); SDC Supp 1960, § 45.3607 (1) (d).
S.D. Codified Laws § 11-7-74 — SD Code / Title 11 / Chapter 7 / Section 11-7-74
General development plan required before recommendation of redevelopment plan
Status: in_force

A commission shall not recommend a redevelopment plan to the governing body of the municipality or the county as applicable until a general plan for the development of the municipality or the county as a whole has been prepared.

Source: SL 1950 (SS), ch 13, § 18, subdiv 1; SDC Supp 1960, § 45.3618 (1); SL 1968, ch 186, § 9 (1).
S.D. Codified Laws § 11-2-44 — SD Code / Title 11 / Chapter 2 / Section 11-2-44
Voting hours
Status: in_force

At all elections held under this chapter, the polls shall be kept open from 7:00 a.m. until 7:00 p.m.

Source: SL 1977, ch 104, § 14; SL 2006, ch 28, § 7.
S.D. Codified Laws § 11-7-83 — SD Code / Title 11 / Chapter 7 / Section 11-7-83
Commission consent required for grant or assignment of lessee's or purchaser's interest in redevelopment property--Agreements required of grantee or assignee
Status: in_force

Until the commission certifies that all building construction and other physical improvements specified to be done and made by the purchaser or lessee of real property in a redevelopment project area have been completed, the purchaser or lessee shall have no power to convey or assign the real property, any part thereof or interest therein, without the consent of the commission, and no such consent shall be given unless the grantee or assignee of the purchaser or lessee obligates itself or himself by written instrument to the commission to carry out that portion of the redevelopment plan relating to such property, and also that the grantee, his or its heirs, representatives, successors, and assigns, shall have no right or power to convey, lease, or assign the property, any part thereof or interest therein, or erect or use any building or structure erected thereon, free from the obligation and requirement to conform to the approved redevelopment plan or approved modifications thereof.

Source: SL 1950 (SS), ch 13, § 19, subdiv 3; SDC Supp 1960, § 45.3619 (3).
S.D. Codified Laws § 11-7-36 — SD Code / Title 11 / Chapter 7 / Section 11-7-36
Power to rent accommodations, buildings, and facilities
Status: in_force

A commission shall have further power to lease or rent any dwellings, accommodations, lands, buildings, structures, or facilities embraced in any project and (subject to the limitations contained in this chapter with respect to the rental of dwellings in housing projects) to establish and revise the rents or charges therefor.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (11); SDC Supp 1960, § 45.3607 (3) (k).
S.D. Codified Laws § 11-6-33 — SD Code / Title 11 / Chapter 6 / Section 11-6-33
Dedication not accepted by approval of plat
Status: in_force

The approval of a plat by the council shall not be deemed to constitute or effect an acceptance by the municipality or public of the dedication of any street or other ground shown on the plat.

Source: SL 1949, ch 198, § 14; SDC Supp 1960, § 45.3314; SL 1966, ch 145.
S.D. Codified Laws § 11-9-8 — SD Code / Title 11 / Chapter 9 / Section 11-9-8
Creation of district--Governing body resolution--Required findings
Status: in_force

The resolution required by § 11-9-5 must contain the following findings:

(1) Not less than fifty percent, by area, of the real property within the district is a blighted area or not less than fifty percent, by area, of the real property within the district will stimulate and develop the general economic welfare and prosperity of the state through the promotion and advancement of industrial, commercial, manufacturing, agricultural, or natural resources development; and

(2) The improvement of the area is likely to significantly enhance the value of substantially all other real property in the district.

It is not necessary to identify the specific parcels meeting the criteria.

Source: SL 1978, ch 91, § 7 (4) (a), (b); SL 1991, ch 114, § 2; SL 1992, ch 60, § 2; SL 2004, ch 126, § 2; SL 2011, ch 73, § 3; SL 2018, ch 70, § 14; SL 2026, ch 58, § 7.
S.D. Codified Laws § 11-6-25 — SD Code / Title 11 / Chapter 6 / Section 11-6-25
Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply
Status: in_force

The city council may provide for a board of adjustment, or may authorize the planning and zoning commission to serve as a board of adjustment to make special exceptions or grant variances to the regulations adopted under § 11-6-24 in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided. The provisions of §§ 11-4-13 to 11-4-29 , inclusive, shall apply to any actions under this section.

Source: SL 1949, ch 198, § 10; SDC Supp 1960, § 45.3310; SL 1966, ch 145; SL 1975, ch 116, § 15.
S.D. Codified Laws § 11-15-7 — SD Code / Title 11 / Chapter 15 / Section 11-15-7
Reporting
Status: in_force

On or before August first of each year, the authority shall submit a report to the special committee, created by § 4-8A-2 , detailing the number, amounts, and recipients of loans and grants provided by the South Dakota housing infrastructure fund created in § 11-15-2 and other relevant information pertaining to the fund or program as requested by the committee.

Source: SL 2023, ch 41, § 14, eff. Feb. 1, 2023.
S.D. Codified Laws § 11-7A-5 — SD Code / Title 11 / Chapter 7A / Section 11-7A-5
Short title of law
Status: in_force

Sections 11-7A-1 to 11-7A-5 , inclusive, may be referred to as the "housing and redevelopment cooperation law."

Source: SL 1950 (SS), ch 14, § 1; SDC Supp 1960, § 45.3701; SDCL, § 9-37-5.
S.D. Codified Laws § 11-6-3 — SD Code / Title 11 / Chapter 6 / Section 11-6-3
Contract for county planning and zoning services--Fees--Powers of county commission--Designation of planning commission--Contracts for special services
Status: in_force

The governing body of any municipality may contract with the board of county commissioners for planning and zoning services to be provided by the county, and the contract may provide that the municipality shall pay such fees as are agreed for the services performed. Under the provisions of the contract the municipal governing body may authorize the county planning and zoning commission, on behalf of the municipality, to exercise any of the powers otherwise granted to municipal planning and zoning commissions under this chapter and chapter 11-4 . The contract between the governing body of the municipality and the county may provide among other things for joint county - municipal planning activities, or it may designate the county planning commission as the planning commission for the municipality. The municipality may also contract with a planning agency, authority or commission, or with planning consultants, or with other specialists for such services as it requires.

Source: SDCL, § 11-6-3 as enacted by SL 1975, ch 116, § 3; SL 1992, ch 60, § 2; SL 1998, ch 76, § 1.
S.D. Codified Laws § 11-7-13 — SD Code / Title 11 / Chapter 7 / Section 11-7-13
Tenure of commissioners--Certificate of appointment
Status: in_force

Commissioners shall hold office until their successors have been appointed and qualified. A certificate of appointment of each commissioner shall be filed with the clerk. Whenever the membership of a commission is changed by reason of a new appointment, a certificate of that appointment shall be promptly so filed. A certificate so filed shall be conclusive evidence of appointment or change in membership. Commissioners are likewise referred to in this chapter as "members" of a commission.

Source: SL 1950 (SS), ch 13, § 3, subdiv 6; SDC Supp 1960, § 45.3603 (6).
S.D. Codified Laws § 11-4-23 — SD Code / Title 11 / Chapter 4 / Section 11-4-23
Vote required
Status: in_force

The concurring vote of at least two-thirds of the members of the board of adjustment is necessary to reverse any order, requirement, decision, or determination of the administrative officer, or to effect any variation in an ordinance. An initial conditional use determination of the board of adjustment shall be determined by the vote set forth in § 11-4-4.1 .

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2607; SL 1975, ch 114, § 7; SL 2006, ch 65, § 1; SL 2015, ch 72, § 10; SL 2021, ch 55, § 9.
S.D. Codified Laws § 11-7-69 — SD Code / Title 11 / Chapter 7 / Section 11-7-69
Commission liable in contract or tort--Personal liability of commission members
Status: in_force

A commission shall be liable in contract or in tort in the same manner as a private corporation. The members of a commission shall not be personally liable as such on its contracts, or for torts not committed or directly authorized by them.

Source: SL 1950 (SS), ch 13, § 9; SDC Supp 1960, § 45.3609.
S.D. Codified Laws § 11-11-48 — SD Code / Title 11 / Chapter 11 / Section 11-11-48
Compliance with federal conditions for qualified mortgage bonds
Status: in_force

The authority may enter into all agreements and take any actions necessary to comply with all conditions set forth in § 143 of the Internal Revenue Code of 1986, for the issuance of qualified mortgage bonds as therein defined.

Source: SL 1981, ch 221, § 3; SDCL Supp, § 28-19-39.5; SL 1995, ch 80, § 13; SL 2012, ch 78, § 27.
S.D. Codified Laws § 11-4-19 — SD Code / Title 11 / Chapter 4 / Section 11-4-19
Appeal to board of adjustment--Notice of appeal--Records transmitted--Expedited process
Status: in_force

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer to grant or deny the permit. No other appeal such as any relating to a ministerial act or other preliminary act to bring an application or matter before the board for hearing and a final decision on the merits is authorized by the section. Such appeal shall be taken within a reasonable time, as provided by the rules of such board, but not to exceed twenty-one days, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. All appeals relating to a particular action or property shall be consolidated and heard on an expedited basis.

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2607; SL 2016, ch 71, § 7; SL 2021, ch 55, § 7.
S.D. Codified Laws § 11-2-17.8 — SD Code / Title 11 / Chapter 2 / Section 11-2-17.8
Zoning determination--Well
Status: in_force

When a well is at issue in making a determination for the implementation of a zoning ordinance requirement, the zoning authority must determine whether the well is an established well that has not been abandoned.

A well that is either abandoned or not established, or both, must not be used as a basis for denial of the zoning determination.

Terms used in this section mean:

(1) "Abandoned well," a well in such a state of disrepair that its original purpose cannot reasonably be achieved or that has not been used for water production in the past two calendar years;

(2) "Established well," a well for which:

(a) A well completion report is on file with the Department of Agriculture and Natural Resources; or

(b) The owner of the well files a sworn affidavit with the register of deeds on the legal description of the property in the county in which the well is located affirming that the well has been used for water production for more than one week in each of the two calendar years preceding submission of the sworn affidavit; and

(3) "Well," an artificial excavation or opening in the ground, made by means of digging, boring, drilling, jetting, or by any other artificial method, for the purpose of obtaining groundwater.

Source: SL 2024, ch 41, § 1.
S.D. Codified Laws § 11-2-37.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-37.1
Proposed special zoning area defined
Status: in_force

For the purposes of §§ 11-2-37 to 11-2-38 , inclusive, the term, proposed special zoning area, means the area proposed for the establishment of the district or the area to be added to an existing special zoning area if it is a proposed enlargement.

Source: SL 2011, ch 69, § 12.
S.D. Codified Laws § 11-7A-7 — SD Code / Title 11 / Chapter 7A / Section 11-7A-7
Approval required for municipal projects
Status: in_force

Nothing in this chapter authorizes a state public body to undertake, construct, or operate a project within a municipality, without approval from the governing body or voters of that municipality.

Source: SL 1996, ch 93, § 5.
S.D. Codified Laws § 11-8-19 — SD Code / Title 11 / Chapter 8 / Section 11-8-19
Modification of urban renewal plan--Rights of lessee or purchaser protected
Status: in_force

An urban renewal plan may be modified at any time by the governing body: provided that if modified after the lease or sale by the municipality of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee, or successor in interest as the municipality may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert.

Source: SL 1966, ch 149, § 7 (5).
S.D. Codified Laws § 11-12-4 — SD Code / Title 11 / Chapter 12 / Section 11-12-4
County or municipality may regulate location
Status: in_force

Section 11-12-2 does not prohibit any county or municipality from enacting and enforcing any ordinance that regulates the location of an adult oriented business.

Source: SL 2008, ch 61, § 3.
S.D. Codified Laws § 11-7-16 — SD Code / Title 11 / Chapter 7 / Section 11-7-16
Expenses of commissioners--Per diem
Status: in_force

Each commissioner may be reimbursed for expenses, including traveling expenses, incurred in the performance of the commissioner's duties. In addition, each commissioner may receive per diem as established by the governing body for each day of actual service for attending meetings or hearings.

Source: SL 1950 (SS), 13, § 6; SDC Supp 1960, § 45.3606; SL 1999, ch 68, § 1; SL 2018, ch 69, § 1.
S.D. Codified Laws § 11-14-3 — SD Code / Title 11 / Chapter 14 / Section 11-14-3
Board of appeals--Duties
Status: in_force

Airport zoning regulations adopted under chapter 50-10 shall provide for the appointment of a board of appeals to:

(1) Hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of chapter 50-10 or of any ordinance adopted under chapter 50-10 ; and

(2) Hear and decide special exceptions to the terms of the ordinance upon which the board may be required to pass under the ordinance.

If a zoning board of appeals or adjustment already exists, it may be appointed as the board of appeals. The board of appeals shall consist of five members, each appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-15 ; SL 2019, ch. 203, §§ 31, 84.
S.D. Codified Laws § 11-9-14 — SD Code / Title 11 / Chapter 9 / Section 11-9-14
Project costs--General definition
Status: in_force

For the purposes of this chapter, the term "project costs" are any expenditures made or estimated to be made, or monetary obligations incurred or estimated to be incurred, by a political subdivision, which are listed in a project plan as grants or costs of public works or improvements within a district.

Source: SL 1978, ch 91, § 3; SL 2011, ch 73, § 5; SL 2018, ch 70, § 17; SL 2024, ch 45, § 6; SL 2026, ch 58, § 10.
S.D. Codified Laws § 11-9-30 — SD Code / Title 11 / Chapter 9 / Section 11-9-30
Methods of paying project costs
Status: in_force

Payment of project costs may be made by any of the following methods or by any combination of methods:

(1) Payment by the political subdivision from the special fund of the district;

(2) Payment out of the funds of the political subdivision;

(3) Payment out of the proceeds of the sale of municipal bonds issued by the municipality under chapter 10-52 or 10-52A , or both;

(4) Payment out of the proceeds of revenue bonds issued by the political subdivision under chapter 9-54 ; or

(5) Payment out of the proceeds of the sale of tax increment bonds issued by the political subdivision under this chapter.

Source: SL 1978, ch 91, § 20; SL 2011, ch 73, § 8; SL 2018, ch 70, § 31; SL 2024, ch 45, § 12.
S.D. Codified Laws § 11-3-12 — SD Code / Title 11 / Chapter 3 / Section 11-3-12
Recorded plat as conveyance of dedications and grants marked on plat--General warranty--Use of land intended for streets and other public uses--Opening, improvement or maintenance not required
Status: in_force

When the plat or map shall have been made out, certified, acknowledged, and recorded as provided in this chapter, every donation or grant to the public, or any individual, religious society, corporation, or body politic, marked or noted as such on such plat or map, shall be deemed a sufficient conveyance to vest the fee simple title of all such parcel or parcels of land as are therein expressed, and shall be considered to all intents and purposes a general warranty against the donor, his heirs, and representatives, to the donee or grantee, his heirs or representatives, for the uses and purposes therein expressed and intended, and no other use and purpose whatever. The land intended to be used for the streets, alleys, ways, commons, or other public uses shall be held in trust to and for the uses and purposes expressed or intended. No governing body shall be required to open, improve, or maintain any such dedicated streets, alleys, ways, commons, or other public ground solely by virtue of having approved a plat or having partially accepted any such dedication, donation or grant.

Source: PolC 1877, ch 26, § 5; CL 1887, § 1099; RPolC 1903, § 1494; RC 1919, § 6541; SDC 1939, § 45.2805; SL 1980, ch 107.
S.D. Codified Laws § 11-7-22 — SD Code / Title 11 / Chapter 7 / Section 11-7-22
Power to acquire property--Eminent domain power
Status: in_force

A commission shall have power within its area of operation to acquire real or personal property or any interest therein by gift, grant, purchase, exchange, lease, transfer, bequest, devise, or otherwise, and by the exercise of the power of eminent domain, in the manner provided by chapter 21-35 , to acquire real property which it may deem necessary for its purposes under this chapter, after the adoption by it of a resolution declaring that the acquisition of the real property is necessary for such purposes.

Source: SL 1950 (SS), ch 13, § 7, subdiv 1 (6); SDC Supp 1960, § 45.3607 (1) (f).
S.D. Codified Laws § 11-11-22 — SD Code / Title 11 / Chapter 11 / Section 11-11-22
Salaries
Status: in_force

The Governor shall set the salary of the executive director, who shall be paid from funds provided by the authority. The salaries of the other employees shall be approved by the executive director.

Source: SL 1979, ch 351, § 34; SDCL Supp, § 28-19-20.1; SL 2012, ch 78, § 7.
S.D. Codified Laws § 11-7-78 — SD Code / Title 11 / Chapter 7 / Section 11-7-78
Findings of governing body required for approval of redevelopment plan
Status: in_force

The commission shall not proceed with the redevelopment project unless the governing body of the municipality or the county as applicable approves the redevelopment plan and finds, by resolution:

(1) That the redevelopment project area is a slum area (as defined in § 11-7-2 ) or that all the following conditions exist:

(a) That the redevelopment project area is a blighted area (as defined in § 11-7-3 );

(b) That a shortage of housing of sound standards and design adequate for family life exists in the municipality or the county;

(c) That the need for housing accommodations has been or will be increased as a result of the demolition of residential units in slum areas under redevelopment plans;

(d) That the conditions of blight in the area and the shortage of decent, safe, and sanitary housing in the municipality or the county cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, and welfare; and

(e) That development of the blighted area for predominantly residential uses is an integral part of and essential to the program of the municipality or the county for the elimination of slum areas;

(2) That the redevelopment plan will afford maximum opportunity consistent with the sound needs of the municipality or the county as a whole for the redevelopment of the redevelopment project area by private enterprise;

(3) That the redevelopment plan conforms to the general plan for the development of the municipality or the county as a whole; and

(4) That federal assistance is necessary to enable the redevelopment project area to be redeveloped in accordance with the redevelopment plan and funds will be available for the municipality's or the county's share of the cost as required by the Housing Act of 1949 or other federal acts providing federal financial assistance, or that federal financial assistance is not necessary and all funds will be available from other sources.

Source: SL 1950 (SS), ch 13, § 18, subdiv 5; SDC Supp 1960, § 45.3618 (5); SL 1968, ch 186, § 9 (5).
S.D. Codified Laws § 11-11-184 — SD Code / Title 11 / Chapter 11 / Section 11-11-184
Chapter controlling over other laws
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter shall be controlling.

Source: SL 1973, ch 180, § 52; SDCL Supp, § 28-19-161.
S.D. Codified Laws § 11-8-46 — SD Code / Title 11 / Chapter 8 / Section 11-8-46
Chairman and vice-chairman of urban renewal agency--Employment of director and personnel--Legal assistance
Status: in_force

The mayor shall designate a chairman and vice - chairman from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it may require, and determine their qualifications, duties and compensation. For such legal service as it may require, an agency may employ or retain its own counsel and legal staff.

Source: SL 1966, ch 149, § 17 (3).
S.D. Codified Laws § 11-15-10 — SD Code / Title 11 / Chapter 15 / Section 11-15-10
Major metropolitan airport loan--Terms
Status: in_force

A loan made pursuant to § 11-15-9 must:

(1) Bear interest payable at the rate of two percent per year;

(2) Be unsecured;

(3) Require equal annual payments based on a twenty-year amortization;

(4) Require that the first payment be due one year from the date of the funding of the loan; and

(5) Be closed and funded on or before June 30, 2030.

Source: SL 2026, ch 62, § 3.
S.D. Codified Laws § 11-8-73 — SD Code / Title 11 / Chapter 8 / Section 11-8-73
Recital in bond conclusive of purpose and validity
Status: in_force

In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project, as herein defined, shall be conclusively deemed to have been issued for such purpose and for such project, shall be conclusively deemed to have been planned, located, and carried out in accordance with the provisions of this chapter.

Source: SL 1966, ch 149, § 11.
S.D. Codified Laws § 11-9-20 — SD Code / Title 11 / Chapter 9 / Section 11-9-20
Determination of tax increment base of district
Status: in_force

Upon receiving an application by the county auditor or municipal finance officer, as applicable, on a form prescribed by the department, the department must determine the aggregate assessed value of the taxable property in the district, which aggregate assessed value, on certification to the county auditor or the municipal finance officer, as applicable, is the tax increment base of the district. The application must be accompanied by a detailed parcel list of the included legal descriptions, property ownership, and value, as provided by the director of equalization office, of the affected corresponding county. Except as provided in § 11-9-20.1 , the department shall use the values, as last previously certified by the department, adjusted for the value to the date the district was created, for any completed buildings or additions and without regard to any reduction pursuant to §§ 1-19A-20 , 10-6-137 , 10-6-137.1 , and 10-6-144 .

Source: SL 1978, ch 91, § 11; SL 1991, ch 115, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2018, ch 70, § 22; SL 2020, ch 39, § 14; SL 2020, ch 43, § 1; SL 2021, ch 44, § 44; SL 2022, ch 29, § 6; SL 2024, ch 45, § 10.
S.D. Codified Laws § 11-7-2 — SD Code / Title 11 / Chapter 7 / Section 11-7-2
"Slum area" defined
Status: in_force

Unless the context clearly indicates otherwise, for the purpose of this chapter, "slum area" means an area in which there is a predominance of buildings or improvements which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, sanitation, or open spaces, high density of population and overcrowding, or any combination of such factors, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, injuriously affect the entire area, and are detrimental to the public health, safety, morals, or welfare.

Source: SL 1950 (SS), ch 13, § 2; SDC Supp 1960, § 45.3602 (10).
S.D. Codified Laws § 11-6-2 — SD Code / Title 11 / Chapter 6 / Section 11-6-2
Planning and zoning commission required in municipality--Comprehensive plan to be effected
Status: in_force

For the purpose of promoting the health, safety, and general welfare of the municipality, each municipality of the state shall provide by ordinance for a planning and zoning commission, including the appropriation of money to a fund for the expenditures of such commission and to provide by ordinance the qualifications of the members, mode of appointment, tenure of office, compensation, powers, duties of and rules governing such board. Municipalities shall, as soon as possible, make, adopt, amend, extend, add to or carry out a general municipal plan of development, such plan to be referred to as the comprehensive plan.

Source: SDCL, § 11-6-2 as enacted by SL 1975, ch 116, § 2; SL 1995, ch 49, § 21.
S.D. Codified Laws § 11-2-22.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-22.1
Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters
Status: in_force

If the voters reject the proposed comprehensive plan, zoning ordinance, or subdivision ordinance, the board may cause the planning commission to revise the plan or regulations and adopt the same as revised, and file and publish the same as required by § 11-2-21 .

Source: SL 1967, ch 20, § 4; SDCL 1967, § 11-2-22 ; repealed by omission from SL 1970, ch 84, § 3; re - enacted SL 1972, ch 73, § 2; SL 1975, ch 113, § 11; SL 2000, ch 69, § 15.
S.D. Codified Laws § 11-3-20.1 — SD Code / Title 11 / Chapter 3 / Section 11-3-20.1
Vacation procedure within planning commission jurisdiction
Status: in_force

If a plat sought to be vacated lies within the platting jurisdiction of a municipality or county which has in existence a statutory planning commission, said plat may be vacated pursuant to the procedures outlined in §§ 11-3-20.2 to 11-3-20.4 , inclusive.

Source: SL 1974, ch 109, § 3; SL 1979, ch 93, § 12.
S.D. Codified Laws § 11-7-98 — SD Code / Title 11 / Chapter 7 / Section 11-7-98
Validity of signatures on bonds--Negotiable investment securities
Status: in_force

If any of the commissioners or officers of the commission whose signatures appear on any bonds or coupons cease to be commissioners or officers before the delivery of the bonds, their signatures shall be valid for all purposes. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be negotiable investment securities within the meaning of chapter 57A-8 .

Source: SL 1950 (SS), ch 13, § 22; SDC Supp 1960, § 45.3622; SL 1984, ch 43, § 100.
S.D. Codified Laws § 11-7-91 — SD Code / Title 11 / Chapter 7 / Section 11-7-91
Provision for project revenues to be placed in debt service funds
Status: in_force

The commission may in its discretion provide that all revenues received from its redevelopment projects be placed in a debt service fund for the payment of interest and principal on all bonds issued for any redevelopment project, and the revenue from all such projects shall be paid into the debt service fund until all outstanding bonds have been fully paid. This same power shall exist with regard to housing projects.

Source: SL 1950 (SS), ch 13, § 20, subdiv 5; SDC Supp 1960, § 45.3620 (5).
S.D. Codified Laws § 11-11-138 — SD Code / Title 11 / Chapter 11 / Section 11-11-138
Receiver appointed to safeguard authority's loan
Status: in_force

In connection with any action or proceeding pursuant to § 11-11-137 , the authority may apply for the appointment of a receiver to take over, manage, operate, and maintain the affairs of such housing sponsor, and the authority through such agent as it shall designate is hereby authorized to accept the appointment of such receiver of any such sponsor when so appointed by a court of competent jurisdiction.

Source: SL 1973, ch 180, § 14 (5); SDCL Supp, § 28-19-119.
S.D. Codified Laws § 11-8-8 — SD Code / Title 11 / Chapter 8 / Section 11-8-8
Findings and declaration of necessity required of governing body before exercise of authority
Status: in_force

No municipality shall exercise the authority conferred upon municipalities by this chapter until after the local governing body shall have adopted a resolution finding that: one or more slum or blighted areas exist in such municipality; and the rehabilitation, conservation, redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality.

Source: SL 1966, ch 149, § 6.
S.D. Codified Laws § 11-3-16 — SD Code / Title 11 / Chapter 3 / Section 11-3-16
Vacation of plat before sale of lots--Recording of instrument--Vacation by joinder of owners of lots sold
Status: in_force

Any plat of any municipality or improvement district, or addition thereto, or any subdivision of land therein, may be vacated by the proprietor at any time before the sale of any lots therein, by a written instrument declaring the plat to be vacated, duly executed, acknowledged, or proved, and recorded in the office with the plat to be vacated. The executing and recording of such writing shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, commons, and public grounds laid out as described in such plat. The register of deeds shall notify the affected municipality or improvement district of the vacation within ten days of filing for a vacation of a plat.

If any lots have been sold, the plat may be vacated by all the owners of lots in such plat joining in the execution of the writing aforesaid.

Source: SL 1887, ch 109, § 1; CL 1887, § 1109; RPolC 1903, § 1503; RC 1919, § 6550; SDC 1939, § 45.2811; SL 1990, ch 101; SL 1993, ch 106, § 2.
S.D. Codified Laws § 11-2-35 — SD Code / Title 11 / Chapter 2 / Section 11-2-35
Mandamus proceedings instituted by taxpayer
Status: in_force

Any taxpayer of the county may institute mandamus proceedings in circuit court to compel specific performance by the proper official or officials of any duty required by this chapter and by any ordinance adopted thereunder.

Source: SL 1967, ch 20, § 13.
S.D. Codified Laws § 11-11-94 — SD Code / Title 11 / Chapter 11 / Section 11-11-94
Commissioners and executive director not personally liable
Status: in_force

Neither the commissioners or executive director of the authority nor any other person executing such bonds is subject to any personal liability or accountability by reason of the issuance of such bonds.

Source: SL 1973, ch 180, § 32; SDCL Supp, § 28-19-85; SL 2012, ch 78, § 57.
S.D. Codified Laws § 11-5-2 — SD Code / Title 11 / Chapter 5 / Section 11-5-2
Execution, filing and recording of declaration or contract of landowners--Homestead
Status: in_force

Any property owner desiring to exercise the powers conferred by § 11-5-1 shall enter into a declaration or contract in writing specifying the regulations and restrictions which the property owner may desire to impose upon the property owned by him. The declaration or contract shall be signed by the property owner executing the same and acknowledged by the property owner who shall, within thirty days after the execution and acknowledgment of the declaration or contract, record the same in the office of the register of deeds of the county in which the land affected is situated. If required by the municipal governing body, within thirty days after the recording, a copy, certified by the register of deeds, shall be filed with the auditor of the first or second class municipality in which the land is situated. Any declaration or contract covering a homestead shall be executed and acknowledged by both the owner and the spouse of the owner.

Source: SL 1925, ch 243, § 2; SDC 1939, § 45.2612; SL 1980, ch 108; SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-3-21.1 — SD Code / Title 11 / Chapter 3 / Section 11-3-21.1
Filing of petition for vacation of plat--Contents
Status: in_force

Any person interested in the vacation of part or all of any recorded plat that lies outside a municipality may file a petition in the office of the county auditor for the county where the platted property is situated containing:

(1) The names and addresses of the record owner of the plat or part thereof sought to be vacated;

(2) The legal description of the plat;

(3) The names of the legal voters residing upon the plat;

(4) The character and use of the plat;

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

(6) Any other facts pertinent to the application.

Source: SL 1988, ch 128, § 1.
S.D. Codified Laws § 11-13-5 — SD Code / Title 11 / Chapter 13 / Section 11-13-5
Eligible fund activities
Status: in_force

The South Dakota housing opportunity fund may be used to provide a grant, loan, loan guarantee, loan subsidy and other financial assistance to an eligible applicant. Money from the fund may be used to build, buy, and or rehabilitate affordable housing for rent or home ownership, including single family and multifamily housing. The eligible fund activities include affordable housing projects that consist of new construction or the purchase of rental or home ownership housing, substantial or moderate rehabilitation of rental or home ownership housing, housing preservation, including home repair grants and grants to make homes more accessible to individuals with disabilities, homelessness prevention activities, as well as a community land trust. No more than ten percent of the funds awarded may be used for the administrative costs of the South Dakota Housing Development Authority or any entity that receives funding from the fund.

Source: SL 2013, ch 7, § 17, eff. Mar. 20, 2013; SL 2016, ch 4, § 2.
S.D. Codified Laws § 11-4-11 — SD Code / Title 11 / Chapter 4 / Section 11-4-11
Appointment of planning and zoning commission--Same as city planning and zoning commission
Status: in_force

In order to avail itself of the powers conferred by this chapter, the governing body shall appoint a commission to be known as the planning and zoning commission to recommend the boundaries of the zoning districts and appropriate regulations to be enforced therein.

The planning and zoning commission provided herein shall be the same planning and zoning commission provided under the provisions of chapter 11-6 .

Source: SL 1927, ch 176, § 6; SDC 1939, § 45.2606; SL 1975, ch 114, § 3.
S.D. Codified Laws § 11-4-10 — SD Code / Title 11 / Chapter 4 / Section 11-4-10
Referendum and protests against changes in zoning ordinance
Status: in_force

The referendum and the right of protest may be invoked against an ordinance making changes in the zoning ordinance in like manner as against the original ordinance.

Source: SL 1927, ch 176, § 5; SL 1927 (SS), ch 18, § 2; SDC 1939, § 45.2605; SL 1941, ch 201.
S.D. Codified Laws § 11-7-57 — SD Code / Title 11 / Chapter 7 / Section 11-7-57
Conditions required for purchase or lease of existing buildings for housing project
Status: in_force

Before proceeding with a project under § 11-7-56 a commission shall make an analysis demonstrating:

(1) The buildings to be acquired shall be in such condition that it is feasible to remodel, repair, or reconstruct them and the buildings, when rehabilitated will provide decent, safe, and sanitary housing;

(2) The rehabilitation of the buildings comprising the project will prevent or arrest the spread of blight so as to protect the neighborhood in which the buildings are located;

(3) The rehabilitated buildings will provide low - rent housing and will otherwise accomplish the purposes of this chapter.

Source: SL 1950 (SS), ch 13, § 17; SDC Supp 1960, § 45.3617.
S.D. Codified Laws § 11-10-11 — SD Code / Title 11 / Chapter 10 / Section 11-10-11
Property maintenance--Enactment of International Property Maintenance Code standards--Modifications--Limitations
Status: in_force

If the governing body of any local unit of government adopts any ordinance prescribing standards for maintenance of existing structures and premises, the ordinance must comply with the 2024 edition of the International Property Maintenance Code, as published by the International Code Council, Incorporated. The governing body may amend, modify, or delete any portion of the International Property Maintenance 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 impose standards that conflict with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction for manufactured homes as defined in chapter 32-7A .

Source: SL 2014, ch 68, § 1; SL 2015, ch 73, § 3; SL 2018, ch 71, § 3; SL 2021, ch 59, § 3; SL 2026, ch 59, § 3.
S.D. Codified Laws § 11-11-43 — SD Code / Title 11 / Chapter 11 / Section 11-11-43
Issuance of notes and bonds--Purposes for which used
Status: in_force

The authority may issue from time to time its negotiable notes and bonds in such principal amount as the authority shall determine to be necessary to provide sufficient funds for achieving its corporate purposes, including the payment of interest on notes and bonds of the authority, establishment of reserves to secure such notes and bonds including the reserve funds created pursuant to § 11-11-70 , and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers.

Source: SL 1973, ch 180, § 26; SDCL Supp, § 28-19-39; SL 1978, ch 20, § 8; SL 1979, ch 185, § 1; SL 1980, ch 204, § 3; SL 1987, ch 118, § 1.
S.D. Codified Laws § 11-4-30 — SD Code / Title 11 / Chapter 4 / Section 11-4-30
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, § 4.
S.D. Codified Laws § 11-11-120 — SD Code / Title 11 / Chapter 11 / Section 11-11-120
Purchase of securities from mortgage lenders
Status: in_force

The authority may, pursuant to this section but not subject to other provisions of this chapter, purchase or commit to purchase securities from mortgage lenders if:

(1) Payment of the securities are guaranteed or insured by an agency or instrumentality of the United States government, subject to any limit on the amount of the beneficial interest of any single entity which is so guaranteed or insured under federal law or regulation, or insured by an insurance company qualified to write such insurance in the state, insuring not less than twenty percent of the security evidencing an interest in mortgage loans; and

(2)(a) The securities evidence an interest in, or are payable from, mortgage loans for residential housing; or

(b) The securities are a debt obligation of the mortgage lenders and the proceeds of the securities or their equivalent are required to be reinvested in mortgage loans for residential housing, or invested in short term obligations pending the reinvestment in such mortgage loans.

Source: SL 1974, ch 195, § 4; SDCL Supp, § 28-19-104.1; SL 1983, ch 106, § 2.
S.D. Codified Laws § 11-8-6 — SD Code / Title 11 / Chapter 8 / Section 11-8-6
"Urban renewal plan" defined
Status: in_force

Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "urban renewal plan" means a plan as it exists for an urban renewal project, which plan:

(1) Shall conform to the master plan or parts thereof for municipality as a whole; and

(2) Shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation, as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives, respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

Source: SL 1966, ch 149, § 2 (12).
S.D. Codified Laws § 11-2-55 — SD Code / Title 11 / Chapter 2 / Section 11-2-55
Appeals--Notice--Records transmitted--Expedited process
Status: in_force

An appeal to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the county adversely affected by any decision of the administrative officer to grant or deny the permit. No other appeal such as any relating to a ministerial act or other preliminary act to bring an application or matter before the board for hearing and a final decision is authorized by this section. The appeal shall be taken within a reasonable time not to exceed twenty-one days, as provided by the rules of the board of adjustment, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds of the appeal. The officer from whom the appeal is taken shall transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. All appeals relating to a particular action or property shall be consolidated and heard on an expedited basis.

Source: SL 2000, ch 69, § 25; SL 2016, ch 71, § 2; SL 2020, ch 41, § 7.
S.D. Codified Laws § 11-5-3 — SD Code / Title 11 / Chapter 5 / Section 11-5-3
Remedies for enforcement of declaration or contract--Action maintained by first or second class municipality
Status: in_force

After the execution, recording, and filing of any declaration or contract executed pursuant to §§ 11-5-1 and 11-5-2 , the terms and conditions of the same may be enforced by action at law or by suit in equity brought by any person possessing any interest in the land affected by such declaration or contract or in any part of such land, or such action or suit may be maintained by the first or second class municipality within which such land is situated.

Source: SL 1925, ch 243, § 5; SDC 1939, § 45.2614; SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-11-27 — SD Code / Title 11 / Chapter 11 / Section 11-11-27
Power to sue and be sued--Seal--Perpetual succession--Office
Status: in_force

The authority may:

(1) Sue and be sued in its own name;

(2) Have an official seal and alter the same at pleasure;

(3) Have perpetual succession; and

(4) Maintain an office at such place or places within this state as it may designate.

Source: SL 1973, ch 180, § 12 (1) to (4); SDCL Supp, § 28-19-24; SL 2012, ch 78, § 11.
S.D. Codified Laws § 11-8-42 — SD Code / Title 11 / Chapter 8 / Section 11-8-42
Commissioners and urban renewal officers not to hold other public office
Status: in_force

No commissioner or other officer of any housing authority, urban renewal agency, board, or commission exercising powers pursuant to this chapter shall hold any other public office under the municipality other than his commissionership or office with respect to such housing authority, urban renewal agency, board, or commission. Any violation of the provisions of this section shall constitute misconduct in office.

Source: SL 1966, ch 149, § 20.
S.D. Codified Laws § 11-11-40 — SD Code / Title 11 / Chapter 11 / Section 11-11-40
Residual powers of authority
Status: in_force

The authority shall have the power to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter.

Source: SL 1973, ch 180, § 12 (29); SDCL Supp, § 28-19-36.
S.D. Codified Laws § 11-7-53.2 — SD Code / Title 11 / Chapter 7 / Section 11-7-53.2
Approval of housing development project plan required before issuance of bonds or obligations
Status: in_force

Before the issuance of bonds or obligations for a housing development project proposed by a commission under § 11-7-53.1 , the commission shall prepare and submit for the governing body's approval a plan addressing the following requirements:

(1) The housing needs of the municipality and the data demonstrating those needs;

(2) The plan of the municipality to meet identified housing needs, and the specific methods to be used to carry out the plan;

(3) Target areas, if any, of the municipality for each method; and

(4) A general description of the program or programs to be implemented to meet the housing needs identified in the plan.

Source: SL 1995, ch 80, § 3.
S.D. Codified Laws § 11-2-24 — SD Code / Title 11 / Chapter 2 / Section 11-2-24
Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval
Status: in_force

If a board has adopted the comprehensive plan or any part thereof, no street, road, park, or other public way, ground, place, space, public building or structure, public utility, whether publicly or privately owned, if covered by the comprehensive plan or any adopted part thereof, may be constructed or authorized in the county or within its subdivision jurisdiction, until the location and extent thereof has been submitted to and approved by the planning commission. In case of disapproval, the commission shall communicate its reasons to the board. By majority vote of the board members elect, a board may overrule the disapproval.

Source: SL 1967, ch 20, § 5; SL 1975, ch 113, § 13; SL 1979, ch 92; SL 2000, ch 69, § 17.
S.D. Codified Laws § 11-7-40 — SD Code / Title 11 / Chapter 7 / Section 11-7-40
Power to contract for services and facilities of other agencies--Enforcement of federal labor standard requirements
Status: in_force

A commission shall have further power to arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities, for, or in connection with its projects; and to agree to conditions, not inconsistent with the purposes of this chapter, attached to federal financial assistance pursuant to federal law relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects, and to include in any contract awarded or entered into in connection with a project, stipulations requiring that the contractor and all subcontractors comply with requirements as to minimum salaries or wages, maximum hours of labor, and other labor standards as may be required for federal aid and are consistent with the purposes of this chapter.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (15); SDC Supp 1960, § 45.3607 (3) (o).
S.D. Codified Laws § 11-2-64 — SD Code / Title 11 / Chapter 2 / Section 11-2-64
Court may take evidence
Status: in_force

If upon the hearing it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take such evidence as it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which constitute a part of the proceedings upon which the determination of the court is made.

Source: SL 2000, ch 69, § 34.
S.D. Codified Laws § 11-6-12 — SD Code / Title 11 / Chapter 6 / Section 11-6-12
Zoning regulations in joint jurisdictional areas--Public hearing--Recommendation of each planning commission
Status: in_force

Following adoption of a comprehensive plan by the governing bodies, the city and county planning commissions may prepare zoning regulations for all property in the joint jurisdictional area consistent with the comprehensive plan. The regulations shall delineate the authority of the governing bodies over all zoning matters pertaining to the joint jurisdictional area. Such regulations may include relinquishment by the county of some or all of its zoning authority within the joint jurisdictional area. In those instances where a county has granted to a municipality sole zoning authority beyond said municipality's existing corporate limits, the notice and public hearing requirements of chapter 11-4 shall apply.

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

Source: SDC Supp 1960, § 45.3319 as enacted by SL 1966, ch 145; SL 1975, ch 116, § 7; SL 1992, ch 60, § 2; SL 2003, ch 77, § 5.
S.D. Codified Laws § 11-9-13 — SD Code / Title 11 / Chapter 9 / Section 11-9-13
Project plan for each district--Contents
Status: in_force

The planning commission shall adopt a project plan for each district and submit the plan to the governing body. The plan shall include:

(1) The kind, number, and location of all proposed public works or improvements within the district;

(2) An economic feasibility study;

(3) A detailed list of estimated project costs;

(4) A fiscal impact statement that shows the impact of the district, both until and after the bonds are repaid, on all entities levying taxes on property in the district; and

(5) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred.

No expenditure may be provided for in the plan more than five years after a district is created unless an amendment is adopted by the governing body pursuant to § 11-9-23 .

Source: SL 1978, ch 91, § 7 (5); SL 2011, ch 73, § 4; SL 2018, ch 70, § 16.
S.D. Codified Laws § 11-8-50 — SD Code / Title 11 / Chapter 8 / Section 11-8-50
Eminent domain power for urban renewal--Property devoted to prior public use
Status: in_force

A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project and related activities under this chapter. A municipality may exercise the power of eminent domain in the manner provided in chapter 21-35 , or it may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner; provided, that no real property belonging to the United States, the state, or any political subdivision of the state, may be acquired without its consent.

Source: SL 1966, ch 149, § 9.
S.D. Codified Laws § 11-3-26 — SD Code / Title 11 / Chapter 3 / Section 11-3-26
Replatting after vacation of plat
Status: in_force

The owner of any land within any plat vacated pursuant to this chapter may cause the same to be again platted in the manner provided for the original platting of townsites, additions, and subdivisions.

Source: SL 1887, ch 109, § 5; CL 1887, § 1113; RPolC 1903, § 1507; RC 1919, § 6554; SDC 1939, § 45.2814.
S.D. Codified Laws § 11-4-9 — SD Code / Title 11 / Chapter 4 / Section 11-4-9
Requiring consent of landowners to change in zoning ordinance
Status: in_force

The governing body may by ordinance require as a condition precedent to the introduction of any ordinance proposing changes in the zoning ordinance that there be first filed with the city auditor, finance officer, or clerk the written consent of the owners of not exceeding sixty percent of the aggregate area having the right of protest against such proposed ordinance if adopted, determined as provided by § 11-4-5 .

Source: SDC 1939, § 45.2605 as added by SL 1941, ch 201; SL 2000, ch 69, § 58.
S.D. Codified Laws § 11-7-12 — SD Code / Title 11 / Chapter 7 / Section 11-7-12
Appointment and terms of commissioners--Vacancies
Status: in_force

The commissioners constituting a commission shall be appointed by the mayor or the chairman of the board of county commissioners, with the approval of the governing body. Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively. Thereafter all commissioners shall be appointed for five - year terms. Each vacancy in an unexpired term shall be filled in the same manner in which the original appointment was made.

Source: SL 1950 (SS), ch 13, § 3, subdiv 5; SDC Supp 1960, § 45.3603 (5); SL 1968, ch 186, § 3 (5).
S.D. Codified Laws § 11-4-1 — SD Code / Title 11 / Chapter 4 / Section 11-4-1
Regulatory powers of municipality
Status: in_force

For the purpose of promoting health, safety, or the general welfare of the community the governing body of any municipality may regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of the yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, flood plain, or other purposes. A municipality may enter into an agreement with any landowner specifying the conditions under which the landowner's property may be developed.

Source: SDC 1939, § 45.2601; SL 1974, ch 111; SL 1982, ch 55, § 2; SL 2000, ch 69, § 53; SL 2004, ch 102, § 1.
S.D. Codified Laws § 11-7-32 — SD Code / Title 11 / Chapter 7 / Section 11-7-32
Power to determine slum and blighted areas
Status: in_force

A commission shall have further power within its area of operation to determine where slum or blighted areas exist or where there is unsafe, insanitary, or overcrowded housing.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (7); SDC Supp 1960, § 45.3607 (3) (g).
S.D. Codified Laws § 11-11-81 — SD Code / Title 11 / Chapter 11 / Section 11-11-81
Sale or exchange of refunding obligations--Investment of proceeds pending redemption of original obligations
Status: in_force

Refunding obligations issued as provided in § 11-11-80 may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing the same, to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by the United States of America which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

Source: SL 1973, ch 180, § 43; SDCL Supp, § 28-19-72.
S.D. Codified Laws § 11-9-31 — SD Code / Title 11 / Chapter 9 / Section 11-9-31
Tax increments deposited in special fund--Appropriations to fund--Investment of moneys in fund
Status: in_force

The county treasurer or municipal finance officer, as applicable, shall deposit all tax increments received in a district into a special fund for the district. The county treasurer or municipal finance officer, as applicable, may deposit additional moneys into the fund pursuant to an appropriation by the governing body. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision.

Source: SL 1978, ch 91, § 18; SL 2018, ch 70, § 32; SL 2024, ch 45, § 13.
S.D. Codified Laws § 11-11-75 — SD Code / Title 11 / Chapter 11 / Section 11-11-75
Deposit in reserve fund of bond proceeds necessary to maintain required amount
Status: in_force

The authority shall not at any time issue bonds secured in whole or in part by a capital reserve fund if upon the issuance of such bonds, the amount in such capital reserve fund will be less than the maximum capital reserve fund requirement for such fund, unless the authority at the time of issuance of such bonds shall deposit in such fund from the proceeds of the bonds so to be issued, or from other sources, an amount which together with the amount then in such fund, will not be less than the maximum capital reserve requirement for such fund.

Source: SL 1973, ch 180, § 38; SDCL Supp, § 28-19-66.
S.D. Codified Laws § 11-11-179 — SD Code / Title 11 / Chapter 11 / Section 11-11-179
Retirement and redemption of investments in sponsor of multifamily units and day-care facilities
Status: in_force

The authority shall have the power, in the supervision of housing sponsors of multifamily residential housing units and day - care facilities and their real and personal property, to regulate the retirement of any capital investment or the redemption of stock where any such retirement or redemption when added to any dividend or other distribution shall exceed in any one fiscal year such percentage as may be determined by rules and regulations of the authority or as specified in the agreement between the authority and the housing sponsor of the original face amount of any investment or equity in any housing sponsor. Projects whose rents or income limits applicable to project residents are established, subsidized or regulated by federal law, or whose loans are insured or guaranteed by the federal government shall be subject to an agreement between the authority and the housing sponsor which will subject said sponsor and its principals or stockholders, if any, to those limitations established by federal law, or such lower limitation as shall be prescribed by the authority, in regulating the retirement of any capital investment or the redemption of stock of the original face amount of any investment or equity in any housing sponsor.

Source: SL 1973, ch 180, § 18 (8); SDCL Supp, § 28-19-157; SL 1992, ch 105, § 4; SL 1995, ch 80, § 39; SL 2021, ch 60, § 1.
S.D. Codified Laws § 11-11-24 — SD Code / Title 11 / Chapter 11 / Section 11-11-24
Records maintained by secretary--Certified copies--Publication of resolutions
Status: in_force

The secretary shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority and of its minute book and seal. He shall have authority to cause to be made copies of all minutes and other records and documents of the authority and to give certificates under the seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely upon such certificates. Resolutions of the authority need not be published or posted unless the authority shall so direct.

Source: SL 1973, ch 180, §§ 5, 9; SDCL Supp, § 28-19-21.
S.D. Codified Laws § 11-9-4 — SD Code / Title 11 / Chapter 9 / Section 11-9-4
Creation of district--Planning commission recommendation--Designation of boundaries
Status: in_force

The planning commission shall designate the boundaries of a district that the planning commission recommends be created. The planning commission shall submit the recommendation to the governing body. The boundaries of a district may not split a whole unit of property that is being used for a single purpose.

Source: SL 1978, ch 91, § 7 (2); SL 2018, ch 70, § 10; SL 2026, ch 58, § 4.
S.D. Codified Laws § 11-4-22 — SD Code / Title 11 / Chapter 4 / Section 11-4-22
Decisions of board
Status: in_force

In exercising the powers mentioned in § 11-4-17 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 shall have 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 1927, ch 176, § 7; SDC 1939, § 45.2607; SL 2015, ch 72, § 9.
S.D. Codified Laws § 11-7-15 — SD Code / Title 11 / Chapter 7 / Section 11-7-15
Quorum of commission--Officers--Rules--Meetings open to public
Status: in_force

The powers of each commission shall be vested in the commissioners thereof in office at any time; a majority of whom shall constitute a quorum for all purposes. Each commission shall select a chairman, a secretary, and a treasurer from among its commissioners and shall adopt such bylaws and other rules for the conduct of its affairs as it deems appropriate. The regular meetings of a commission shall be held in a fixed place and shall be open to the public.

Source: SL 1950 (SS), ch 13, § 6; SDC Supp 1960, § 45.3606.
S.D. Codified Laws § 11-10-15 — SD Code / Title 11 / Chapter 10 / Section 11-10-15
No building permit for certain repairs, replacements--Compliance--Exception
Status: in_force

Notwithstanding any authority granted to a county, municipality, or township to prescribe building codes or standards or to issue building permits, a county, municipality, or township may not require a building permit for the repair or substantially similar replacement of any of the following existing exterior parts of a detached single-family owner-occupied residential structure:

(1) Door, if the dimensions remain the same;

(2) Downspout;

(3) Fascia,

(4) Fencing panel or post;

(5) Gutter;

(6) Siding, if nonstructural;

(7) Soffit; and

(8) Window, if the dimensions remain the same.

Nothing in this section relieves a homeowner from compliance with any other applicable building code or ordinance.

A county, municipality, or township may require building permits for repairs pursuant to this section or substantially similar replacements for exterior parts of any designated historical property as authorized under chapter 1-19B .

Source: SL 2026, ch 60, § 1.
S.D. Codified Laws § 11-4-25.1 — SD Code / Title 11 / Chapter 4 / Section 11-4-25.1
Appeal of grant or denial of conditional use permit
Status: in_force

Any appeal of a decision 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, § 2; SL 2021, ch 55, § 12.
S.D. Codified Laws § 11-4-12 — SD Code / Title 11 / Chapter 4 / Section 11-4-12
Planning and zoning commission--Hearings and notice--Final recommendation
Status: in_force

The planning and zoning commission, when appointed, shall hold public hearings, subject to the same notice requirements as provided in § 11-4-4 , before submitting its recommendation, and the governing body may not hold its public hearings or take action until it has received the recommendation of the commission.

Source: SDC 1939, § 45.2606; SL 1975, ch 114, § 4; SL 2000, ch 69, § 59.
S.D. Codified Laws § 11-8-21 — SD Code / Title 11 / Chapter 8 / Section 11-8-21
Necessary powers granted to municipality
Status: in_force

Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the powers granted by §§ 11-8-22 to 11-8-33 , inclusive, in addition to others herein granted.

Source: SL 1966, ch 149, § 8.
S.D. Codified Laws § 11-3-8.1 — SD Code / Title 11 / Chapter 3 / Section 11-3-8.1
Protection of water from subdivision sewage
Status: in_force

No board of county commissioners may accept a plat for any new subdivision or a change in any plat for an enlargement of any existing subdivision which is adjacent to or includes any of the waters of the state within such county unless such plat includes provisions that are binding upon the developer of such subdivision which protects such body of water from pollution from sewage from such subdivision.

Source: SL 1992, ch 106, § 1.
S.D. Codified Laws § 11-8-49 — SD Code / Title 11 / Chapter 8 / Section 11-8-49
Investigations and examinations by auditor-general--Enforcement of compliance by attorney general
Status: in_force

The auditor - general may investigate the affairs of agencies and their dealings, transactions, and relationships. He shall have the power to examine into the properties and records of agencies and to prescribe methods of accounting and the rendering of periodic reports in relation to projects undertaken by agencies, which accounts and reports shall not be inconsistent with any system of accounts or reports prescribed pursuant to any contract for federal financial assistance. Compliance with this chapter and the rules and regulations adopted by the auditor - general may be enforced by the attorney general by writ of mandamus or other appropriate proceedings.

Source: SL 1966, ch 149, § 18.
S.D. Codified Laws § 11-11-140 — SD Code / Title 11 / Chapter 11 / Section 11-11-140
Notice to authority before sale of real property on judgment against housing sponsor--Protective steps taken by authority
Status: in_force

In the event of a judgment against any housing sponsor in any action not pertaining to the foreclosure of a mortgage, there shall be no sale of any of the real property included in any housing development hereunder of such housing sponsor except upon sixty days' written notice to the authority. Upon receipt of such notice the authority shall take such steps as in its judgment may be necessary to protect the rights of all parties.

Source: SL 1973, ch 180, § 16; SDCL Supp, § 28-19-121.
S.D. Codified Laws § 11-8-45 — SD Code / Title 11 / Chapter 8 / Section 11-8-45
Urban renewal agency powers exercised by commissioners--Quorum--Majority required for action--Residence of commissioners
Status: in_force

The powers of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws shall require a larger number. Any persons may be appointed as commissioners if they reside within the area of operation of the agency, which shall be coterminous with the area of operation of the municipality, and are otherwise eligible for such appointments under this chapter.

Source: SL 1966, ch 149, § 17 (3).
S.D. Codified Laws § 11-2-17.5 — SD Code / Title 11 / Chapter 2 / Section 11-2-17.5
Special permitted uses
Status: in_force

A zoning ordinance adopted under 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, § 1; SL 2020, ch 41, § 3; SL 2023, ch 39, § 2.
S.D. Codified Laws § 11-2-47.3 — SD Code / Title 11 / Chapter 2 / Section 11-2-47.3
Special zoning area commission member appointment--Terms--Removal
Status: in_force

The term of each of the appointed members of the special zoning area commission shall be for three to five years as the board of county commissioners may provide. However, when the special zoning area commission is first appointed, the lengths of the terms shall be varied so that no more than one-third of the terms expire in the same year. Any appointed member of the special zoning area commission may be removed for cause, after hearing prior to the expiration of the term by a majority vote of the elected members of the board of county commissioners. Administrative officials of the county may be appointed as ex officio members of the special zoning area commission.

Source: SL 2011, ch 69, § 14.
S.D. Codified Laws § 11-11-33 — SD Code / Title 11 / Chapter 11 / Section 11-11-33
Advice and technical assistance to developments, projects and residents
Status: in_force

The authority may provide advice, technical information, training and educational services, including assistance in obtaining federal and state aid, to assist the planning, construction, rehabilitation, and operation of housing developments and housing projects, including assistance in community development and organization, home management and advisory services for the residents of housing developments and housing projects and to encourage community organizations to assist in developing same.

Source: SL 1973, ch 180, § 12 (12); SDCL Supp, § 28-19-30; SL 1983, ch 106, § 4J; SL 2012, ch 78, § 16.
S.D. Codified Laws § 11-11-65 — SD Code / Title 11 / Chapter 11 / Section 11-11-65
Trust indenture to secure bonds--Contents--Expenses of trust indenture--Separate trustee not authorized
Status: in_force

In the discretion of the authority, the bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the exercise of its corporate powers and the custody, safeguarding, and application of all moneys. The authority may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of the authority. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.

Source: SL 1973, ch 180, § 35; SDCL Supp, § 28-19-56.
S.D. Codified Laws § 11-15-4 — SD Code / Title 11 / Chapter 15 / Section 11-15-4
Housing infrastructure loans--Limitation--Administrative expenses
Status: in_force

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

Source: SL 2023, ch 41, § 11, eff. Feb. 1, 2023; SL 2026, ch 61, § 2.
S.D. Codified Laws § 11-2-25 — SD Code / Title 11 / Chapter 2 / Section 11-2-25
Enforcement provided by county commissioners
Status: in_force

The board shall provide for the enforcement of the provisions of this chapter and of ordinances, resolutions, and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county.

Source: SL 1941, ch 216, § 9; SDC Supp 1960, § 12.20A09; SL 1967, ch 20, § 13.
S.D. Codified Laws § 11-5-7 — SD Code / Title 11 / Chapter 5 / Section 11-5-7
Flag--Display
Status: in_force

Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements may display one portable, removable official United States flag, not larger than four and one-half feet by six feet and may additionally display the official South Dakota State flag or one portable, removable official flag, not larger than four and one-half feet by six feet, 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.

Source: SL 2021, ch 57, § 1.
S.D. Codified Laws § 11-6-31 — SD Code / Title 11 / Chapter 6 / Section 11-6-31
Subdivision plats or replats to be submitted to planning commission--Recommendation to council
Status: in_force

Any subdivision of land containing two or more lots, no matter how described, shall be platted or replatted, and must be submitted to the planning commission for their consideration and recommendation to the council for approval or rejection or reviewed and approved in accordance with § 11-3-6 .

Source: SL 1949, ch 198, § 13; SDC Supp 1960, § 45.3313; SL 1966, ch 145; SL 1975, ch 116, § 18; SL 1999, ch 65, § 17.
S.D. Codified Laws § 11-3-1.1 — SD Code / Title 11 / Chapter 3 / Section 11-3-1.1
Definition of terms
Status: in_force

Terms used in this chapter mean:

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

(2) "Improvement district," an improvement district constituted under authority of chapter 7-25A ;

(3) "Municipality," an incorporated city or town;

(4) "Planning commission," a planning commission constituted under authority of chapters 11-2 , 11-4 , and 11-6 ;

(5) "Plat," a map, or representation on paper, of a piece of land subdivided into lots, parcels, tracts, or blocks, including streets, commons, and public grounds, if any, all drawn to scale;

(6) "Registered land surveyor," a registered land surveyor, registered in good standing and legally authorized to practice land surveying under the provisions of § 36-18-6;

(7) "Streets," streets, avenues, boulevards, roads, lanes, alleys, or other ways.

Source: SL 1979, ch 93, § 1; SL 1993, ch 106, § 1.
S.D. Codified Laws § 11-2-21 — SD Code / Title 11 / Chapter 2 / Section 11-2-21
Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection
Status: in_force

The action of the board on the plan shall be filed with the county auditor. A notice of fact of the adoption shall be published once in a legal newspaper of the county and take effect on the twentieth day after its publication unless the referendum is invoked. Any notice of fact of adoption published under the provisions of this chapter shall contain a notification that the public may inspect the entire comprehensive plan at the office of the county auditor during regular business hours.

If such a zoning or subdivision ordinance is adopted, the ordinance is subject to the provisions of § 7-18A-5 as a comprehensive regulation unless the referendum is invoked.

Source: SL 1970, ch 84, § 2; SL 1975, ch 113, § 9; SL 1977, ch 104, § 4; SL 1983, ch 105, § 2; SL 1999, ch 65, § 5; SL 2000, ch 69, § 13.
S.D. Codified Laws § 11-7-43 — SD Code / Title 11 / Chapter 7 / Section 11-7-43
Projects subject to zoning, sanitary, and building regulations
Status: in_force

All projects of a commission shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated.

Source: SL 1950 (SS), ch 13, § 7, subdiv 5; SDC Supp 1960, § 45.3607 (5).
S.D. Codified Laws § 11-2-19 — SD Code / Title 11 / Chapter 2 / Section 11-2-19
Publication of notice of hearing
Status: in_force

After receiving the recommendation of the planning commission the board 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.

Source: SL 1941, ch 216, § 5; SDC Supp 1960, § 12.20A05; SL 1961, ch 37, § 1; SL 1967, ch 20, § 4; SL 1972, ch 72, § 1; SL 1977, ch 104, § 2; SL 1983, ch 105, § 1; SL 1999, ch 65, § 4; SL 2000, ch 69, § 11.
S.D. Codified Laws § 11-11-15 — SD Code / Title 11 / Chapter 11 / Section 11-11-15
Terms of office of commissioners--Vacancy--Restrictions on reappointment
Status: in_force

The commissioners shall serve five - year terms, with no more than two commissioners appointed to any one term, with each term beginning July first and ending on June thirtieth. Each commissioner shall be appointed for a term ending five years from the date of expiration of the term for which his predecessor was appointed, except that a person appointed to fill a vacancy prior to the expiration of such a term shall be appointed for the remainder of the term. No commissioner appointed pursuant to this chapter by the Governor shall serve more than two consecutive full terms. Each commissioner shall hold office for the term of his appointment and until his successor shall have been appointed and qualified.

Source: SL 1973, ch 180, § 4; SDCL Supp, § 28-19-14; SL 1975, ch 186, § 2.
S.D. Codified Laws § 11-4-4.6 — SD Code / Title 11 / Chapter 4 / Section 11-4-4.6
Conditional use application--Impact on neighboring land
Status: in_force

Any conditional use permit granted pursuant to chapter 11-4 shall be considered a lawful use. No conditional use will be prohibited due to changes on neighboring land which occurred after the application for the conditional use is received. No conditional use shall be made nonconforming due to changes on neighboring land which occurred after the application for the conditional use is granted pursuant to chapter 11-4 unless the conditional use is not pursued by the applicant for a period of more than one year.

Source: SL 2021, ch 55, § 5.
S.D. Codified Laws § 11-9-43 — SD Code / Title 11 / Chapter 9 / Section 11-9-43
Performance bond required of purchaser or lessee of property
Status: in_force

As security for its fulfillment of the agreement with the governing body, a purchaser or lessee of redevelopment property shall furnish a performance bond, with such surety and in such form and amount as the governing body may approve or make such other guaranty as the governing body may deem necessary in the public interest.

Source: SL 1978, ch 91, § 9.
S.D. Codified Laws § 11-11-118 — SD Code / Title 11 / Chapter 11 / Section 11-11-118
Additional lending powers of authority
Status: in_force

The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the powers set forth in §§ 11-11-119 to 11-11-135 , inclusive, in addition to others herein granted.

Source: SL 1973, ch 180, § 17; SDCL Supp, § 28-19-103.
S.D. Codified Laws § 11-2-22 — SD Code / Title 11 / Chapter 2 / Section 11-2-22
Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed
Status: in_force

The comprehensive plan, zoning ordinance, and subdivision ordinance may be referred to a vote of the qualified voters of the county pursuant to §§ 7-18A-15 to 7-18A-24 , inclusive. The effective date of the comprehensive plan, zoning ordinance, or subdivision ordinance on which a referendum is to be held shall be suspended by the filing of a referendum petition until the referendum process is completed. However, if a comprehensive plan, zoning ordinance, or subdivision ordinance is referred to a referendum vote, no land uses that are inconsistent with the plan or ordinance may be established between the time of adoption of the resolution or ordinance by the board, as provided in § 11-2-20 , and the time of the referendum vote.

Source: SL 1970, ch 84, § 3; SL 1972, ch 73, § 1; SL 1975, ch 113, § 10; SL 1981, ch 116; SL 1982, ch 122; SL 1987, ch 115, § 1; SL 2000, ch 69, § 14.
S.D. Codified Laws § 11-2-47.2 — SD Code / Title 11 / Chapter 2 / Section 11-2-47.2
Special zoning area commission or planning and zoning commission to have jurisdiction
Status: in_force

If a special zoning area is established or enlarged pursuant to this chapter, the board of county commissioners may appoint a commission of five or more members to be known as the special zoning area commission or the board may designate the planning and zoning commission to have jurisdiction over the special zoning area. The total membership of the special zoning area commission shall always be an uneven number and at least one member shall be a member of the board of county commissioners. The special zoning area commission members appointed by the board shall reside within the special zoning area. The special zoning area commission may exercise any of the powers granted to county planning and zoning commission under this chapter.

Source: SL 2011, ch 69, § 13.
S.D. Codified Laws § 11-11-96 — SD Code / Title 11 / Chapter 11 / Section 11-11-96
Securities regulation--Bonds treated as securities of state instrumentality
Status: in_force

For the purposes of chapter 47-31B , bonds issued by the authority are deemed to be securities issued by a public instrumentality of the State of South Dakota.

Source: SL 1973, ch 180, § 50; SDCL Supp, § 28-19-87; SL 1989, ch 30, § 33; SL 2004, ch 278, § 59.
S.D. Codified Laws § 11-8-67 — SD Code / Title 11 / Chapter 8 / Section 11-8-67
Income and revenues from which bonds payable--Additional security for payment of bonds
Status: in_force

Bonds issued pursuant to § 11-8-66 shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under this chapter: provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution from the federal government or other source, in aid of any urban renewal projects of the municipality under this chapter, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.

Source: SL 1966, ch 149, § 11.
S.D. Codified Laws § 11-7-3 — SD Code / Title 11 / Chapter 7 / Section 11-7-3
"Blighted area" defined
Status: in_force

Unless the context clearly indicates otherwise, for the purpose of this chapter, "blighted area" means an area (other than a slum area as defined in § 11-7-2 ) where by reason of the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, or other insanitary or unsafe conditions, deterioration of site improvements, diversity of ownership, tax delinquency, defective or unusual conditions of title, improper subdivision or obsolete platting, or any combination of such reasons, development of such blighted area (which may include some incidental buildings or improvements) into predominantly housing uses is being prevented.

Source: SL 1950 (SS), ch 13, § 2; SDC Supp 1960, § 45.3602 (10).
S.D. Codified Laws § 11-8-37 — SD Code / Title 11 / Chapter 8 / Section 11-8-37
General obligation bonds issued by municipality to aid urban renewal project--Laws applicable
Status: in_force

For the purposes of §§ 11-8-34 to 11-8-36 , inclusive, or for the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project and related activities of a municipality, the municipality may in addition to any authority to issue bonds pursuant to § 11-8-66 , issue and sell its general obligation bonds. All bonds issued by a municipality pursuant to this section shall be authorized, issued, and sold as provided in chapter 6-8B . Nothing in this section or §§ 11-8-34 to 11-8-36 , inclusive, may limit or otherwise adversely affect any other section of this chapter.

Source: SL 1966, ch 149, § 14 (4); SL 1984, ch 43, § 101.
S.D. Codified Laws § 11-5-6 — SD Code / Title 11 / Chapter 5 / Section 11-5-6
Revocation of declaration or contract--Execution by successor in interest required--Approval by municipal governing body required
Status: in_force

Any declaration or contract made pursuant to §§ 11-5-1 and 11-5-2 may be revoked and canceled only by the execution by the persons executing the same of a deed of revocation, which deed of revocation shall be acknowledged and recorded in the office of the register of deeds and a copy thereof filed in the office of the city auditor as provided in case of the original declaration or contract. In case any property owner signing such declaration or contract shall have died or shall have parted with his interest in the real property affected or any part thereof, such deed of revocation shall not be valid until executed by all persons having an interest in such real property as successors in interest to the person or persons executing such declaration or contract, and such deed of revocation shall not go into force or effect until after the same shall have been approved by a resolution duly adopted by the governing body of the first or second class municipality within which such land is situated.

Source: SL 1925, ch 243, § 4; SDC 1939, § 45.2613; SL 1992, ch 60, § 2.
S.D. Codified Laws § 11-11-9 — SD Code / Title 11 / Chapter 11 / Section 11-11-9
Costs covered by chapter
Status: in_force

As used in this chapter, unless the context otherwise requires, "housing development costs" means the sum total of all costs incurred in the development of a housing development or housing project which are approved by the authority as reasonable and necessary and which costs shall include, but are not necessarily limited to:

(1) Cost of land acquisition and any buildings thereon, including payments for options, deposits, or contracts to purchase properties on the proposed housing project or housing development site or payments for the purchase of such properties;

(2) Cost of site preparation, demolition, and development;

(3) Architectural, engineering, legal, accounting, authority, and other fees paid or payable in connection with the planning, execution, and financing of the housing development and the finding of an eligible mortgagee or mortgagees for such housing development;

(4) Costs of necessary studies, surveys, plans, and permits;

(5) Insurance, interest, financing, tax, and assessment costs and other operating and carrying costs during construction;

(6) Cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery, apparatus, and similar facilities related to the real property;

(7) Cost of land improvements, including without limitation, landscaping and offsite improvements, whether or not such costs have been paid in cash or in a form other than cash;

(8) Necessary expenses in connection with initial occupancy of the housing development or housing project;

(9) A reasonable profit and risk fee in addition to job overhead to the general contractor and if applicable, to a limited profit or limited dividend housing sponsor;

(10) An allowance established by the authority for working capital and contingency reserves, and reserves for any anticipated operating deficits during the first two years of occupancy; and

(11) The cost of such other items, including tenant relocation, as the authority shall determine to be reasonable and necessary for the development of the housing development or housing project, less any and all net rents and other net revenues received from the operation of the real and personal property on the development site during construction.

Source: SL 1973, ch 180, § 2 (7); SDCL Supp, § 28-19-9.
S.D. Codified Laws § 11-3-17 — SD Code / Title 11 / Chapter 3 / Section 11-3-17
Vacation of part of plat--Closing of public highways not authorized--Inclosure of public grounds adjoining lots
Status: in_force

Any part of a plat may be vacated under the provisions and subject to the conditions of this chapter if such does not abridge or destroy any of the rights and privileges of other proprietors in such plat.

Nothing contained in this section shall authorize the closing or obstructing of any public highways laid out according to law.

When any part of a plat shall be vacated as aforesaid, the proprietors of the lots so vacated may inclose the streets, alleys, and public grounds adjoining such lots in equal proportion.

Source: SL 1887, ch 109, §§ 2, 3; CL 1887, §§ 1110, 1111; RPolC 1903, §§ 1504, 1505; RC 1919, §§ 6551, 6552; SDC 1939, § 45.2812.
S.D. Codified Laws § 11-11-100 — SD Code / Title 11 / Chapter 11 / Section 11-11-100
Acquisition and disposition of property
Status: in_force

The authority may acquire real or personal property, or any interest therein, on either a temporary or long-term basis in the authority's own name by gift, purchase, transfer, foreclosure, lease, or otherwise, including rights or easements in real property; hold, sell, assign, lease, encumber, mortgage, or otherwise dispose of any real or personal property or any interest therein; hold, sell, assign, or otherwise dispose of any mortgage lien interest owned by the authority or under the authority's control, custody, or in the authority's possession; and release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by the authority and do any of the foregoing by public or private sale, with or without public bidding, notwithstanding the provisions of any other law.

Source: SL 1973, ch 180, § 12 (7); SDCL Supp, § 28-19-91; SL 2012, ch 78, § 62.
S.D. Codified Laws § 11-7-81 — SD Code / Title 11 / Chapter 7 / Section 11-7-81
Retention of redevelopment property for housing project--Housing funds transferred to redevelopment funds
Status: in_force

The commission may retain real property for use for a housing project if such use be in conformity with the redevelopment plan. In such case, there shall be transferred to the redevelopment project funds from the housing project funds, the amount determined to be the fair value of such property for use in accordance with the redevelopment plan.

Source: SL 1950 (SS), ch 13, § 19, subdiv 1; SDC Supp 1960, § 45.3619 (1).
S.D. Codified Laws § 11-4-3.1 — SD Code / Title 11 / Chapter 4 / Section 11-4-3.1
Temporary zoning ordinance--Adoption--Purpose--Hearing and notice--Duration and renewal
Status: in_force

If a municipality 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 city council 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, 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 emergency ordinance is limited to one year from the date it becomes effective and may be renewed for one year. In no case may the ordinance be in effect for more than two years.

Source: SL 1975, ch 114, § 2; SL 1999, ch 65, § 10; SL 2000, ch 69, § 54.
S.D. Codified Laws § 11-11-19 — SD Code / Title 11 / Chapter 11 / Section 11-11-19
Meetings of commissioners--Quorum--Majority required for action
Status: in_force

Meetings shall be held at the call of the chairman or whenever two commissioners so request. Four commissioners of the authority shall constitute a quorum and any action taken by the authority under the provisions of this chapter may be authorized by resolution approved by a majority but not less than four of the commissioners present at any regular or special meeting. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

Source: SL 1973, ch 180, § 5; SDCL Supp, § 28-19-18; SL 1975, ch 186, § 3.
S.D. Codified Laws § 11-7-49.1 — SD Code / Title 11 / Chapter 7 / Section 11-7-49.1
Construction of low-rent housing project by housing and redevelopment commission upon approval
Status: in_force

If the governing body of the municipality or county as applicable has approved a specific project pursuant to § 11-7-53 , the housing and redevelopment commission of that municipality or county may initiate, construct, and carry on such public low - rent housing project. If such governing body does not so give its approval, then the housing and redevelopment commission may not initiate such low - rent housing project in the municipality or county as applicable.

Source: SDC Supp 1960, § 45.3611 (2) as enacted by SL 1969, ch 184, § 2; SL 1987, ch 117, § 2.
S.D. Codified Laws § 11-6-14 — SD Code / Title 11 / Chapter 6 / Section 11-6-14
Preparation of comprehensive plan for municipal development--Contents of plan--Changes or additions
Status: in_force

It shall be a function and duty of the planning commission to propose a plan for the physical development of the municipality, including any areas outside the boundary and within its planning jurisdiction which, in the commission's judgment bear relation to the planning of the municipality. The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendations for the said physical development and may include, among other things, the general location, character, and extent of streets, bridges, viaducts, parks, parkways, waterways and waterfront developments, playgrounds, airports, and other public ways, grounds, places and spaces; the general location of public schools, of public buildings and other public property; a zoning ordinance for the regulation of the height, area, bulk, location, and use of private and public structures and premises, and of population density as may be provided by law may be included as an adjunct to the comprehensive plan; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication, and other purposes; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, or terminals; the general location, character, layout, and extent of community centers and neighborhood units, and the general character, extent, and layout of the replanning of blighted districts and slum areas. The commission may from time to time propose amendments, extensions, or additions to the plan or carry any of the subject matter into greater detail.

Source: SL 1949, ch 198, § 5; SDC Supp 1960, § 45.3305; SL 1966, ch 145; SL 1975, ch 116, § 8.
S.D. Codified Laws § 11-11-139 — SD Code / Title 11 / Chapter 11 / Section 11-11-139
Reorganization of housing sponsor subject to control by authority
Status: in_force

In the event of the reorganization of any housing sponsor, such reorganization shall be subject to the supervision and control of the authority, and no such reorganization shall be had without the prior written consent of the authority.

Source: SL 1973, ch 180, § 15; SDCL Supp, § 28-19-120.
S.D. Codified Laws § 11-2-10.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-10.1
Injunction available against temporary zoning control--Grounds for injunction
Status: in_force

Any person who is aggrieved by the adoption of an emergency temporary zoning ordinance pursuant to § 11-2-10 or any other emergency ordinance, zoning map, or other official control authorized pursuant to this chapter may seek an injunction against it in any court of appropriate jurisdiction based on the grounds that the emergency temporary zoning ordinance or other emergency ordinance, zoning map, or official control authorized pursuant to this chapter is not necessary to protect the public health, safety, and public welfare. If the court finds that the emergency temporary zoning ordinance or other emergency ordinance, zoning map, or official control authorized pursuant to this chapter is not necessary to protect the public health, safety, and general welfare, the court shall declare the ordinance or other emergency ordinance, zoning map, or official control authorized pursuant to this chapter null and void.

Source: SL 1999, ch 66, § 1.
S.D. Codified Laws § 11-11-74 — SD Code / Title 11 / Chapter 11 / Section 11-11-74
Purposes to which moneys in reserve funds applied--Maintenance of required amount
Status: in_force

All moneys held in any capital reserve fund, except as provided in § 11-11-73 , shall be used, as required, solely for the payment of the principal of bonds secured in whole or in part by such fund or of the debt service fund payments hereinafter mentioned with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds, or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; provided, however, that moneys in any such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the maximum capital reserve requirement established for such fund as provided by § 11-11-71 except for the purpose of making with respect to bonds secured in whole or in part by such fund payments, when due, of principal, interest, redemption premiums, and the debt service fund payments mentioned in § 11-11-71 for the payment of which other moneys of the authority are not available.

Source: SL 1973, ch 180, § 38; SDCL Supp, § 28-19-65.
S.D. Codified Laws § 11-4-29.1 — SD Code / Title 11 / Chapter 4 / Section 11-4-29.1
Special permitted use, conditional use, variance--Expiration
Status: in_force

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

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

Source: SL 2021, ch 55, § 14.
S.D. Codified Laws § 11-6-7 — SD Code / Title 11 / Chapter 6 / Section 11-6-7
Employees appointed by city council--Contracts for special services
Status: in_force

The city council may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law, including civil service regulations, as govern other corresponding civil employees of the municipality. The city council may also contract with city planners, engineers, architects, and other consultants as well as federal, state, and local agencies for such services as it may require.

Source: SL 1949, ch 198, § 4; SDC Supp 1960, § 45.3304; SL 1966, ch 145; SL 1975, ch 116, § 4.
S.D. Codified Laws § 11-3-9 — SD Code / Title 11 / Chapter 3 / Section 11-3-9
Director of equalization to receive copy of plat--Treasurer's certificate of tax payment to be attached
Status: in_force

Plats specified in §§ 11-3-6 and 11-3-8 shall not be entitled to record or be recorded unless the same bear a copy of the certificate of the county director of equalization that he has received a copy of such plat. There shall also be endorsed thereon or attached to every plat provided for in this chapter the certificate of the county treasurer that all taxes which are liens upon any land included in such plat, as shown by the records of his office, have been fully paid. No such plat shall be recorded until all the provisions of this section have been fully complied with.

Source: PolC 1877, ch 26, § 4; CL 1887, § 1098; RPolC 1903, § 1493; SL 1913, ch 342; RC 1919, § 6540; SDC 1939, § 45.2804; SL 1959, ch 272, § 3; SDC Supp 1960, § 45.2806-2.
S.D. Codified Laws § 11-7-104 — SD Code / Title 11 / Chapter 7 / Section 11-7-104
Mandamus available to obligee of commission--Injunction
Status: in_force

An obligee of a commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

(1) By mandamus, or other appropriate proceedings to compel said commission and the commissioners, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of said commission with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said commission and the fulfillment of all duties imposed upon said commission by this chapter;

(2) To enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said commission.

Source: SL 1950 (SS), ch 13, § 24; SDC Supp 1960, § 45.3624.
S.D. Codified Laws § 11-9-37 — SD Code / Title 11 / Chapter 9 / Section 11-9-37
Pledge of special fund to bonds--Restrictions on use of fund--Lien
Status: in_force

The governing body shall irrevocably pledge all or a stated percentage of the special fund created under § 11-9-31 to the payment of the bonds. The special fund or designated part may be used only for the payment of the bonds and interest until the bonds have been fully paid, and any holder of the bonds or of any coupons related thereto shall have a lien against the special fund for payment of the bonds and interest and may either at law or in equity protect and enforce the lien.

Source: SL 1978, ch 91, § 24; SL 2011, ch 73, § 14; SL 2018, ch 70, § 38.
S.D. Codified Laws § 11-15-2 — SD Code / Title 11 / Chapter 15 / Section 11-15-2
Creation--Purpose--Continuous appropriation--Payment
Status: in_force

There is hereby created the South Dakota housing infrastructure fund, to be administered by the authority, for the purpose of making loans and grants for housing infrastructure projects. Any repayment of the principal amount of a loan, and any interest thereon must be deposited into the fund and used for making new loans. Unexpended money and any interest that may be credited to the fund shall remain in the fund. Money in the fund designated for loans is hereby continuously appropriated for the purposes provided in §§ 11-15-3 and 11-15-4 . The executive director of the authority shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized from this fund.

Source: SL 2023, ch 41, § 9, eff. Feb. 1, 2023.
S.D. Codified Laws § 11-7-8 — SD Code / Title 11 / Chapter 7 / Section 11-7-8
Factors considered in determining adequacy of dwelling accommodations
Status: in_force

In determining whether dwelling accommodations are decent, safe, and sanitary, the governing body may take into consideration the degree of deterioration, obsolescence, or overcrowding, the percentage of land coverage, the light, air, space, and access available to inhabitants of such dwelling accommodations, the size and arrangement of rooms, the sanitary facilities, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.

Source: SL 1950 (SS), ch 13, § 3, subdiv 1; SDC Supp 1960, § 45.3603 (1); SL 1968, ch 186, § 3 (1).
S.D. Codified Laws § 11-11-51 — SD Code / Title 11 / Chapter 11 / Section 11-11-51
Consent of other public agencies not required for bonds or notes--Procedural requirements of other laws not applicable
Status: in_force

Bonds or notes may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, body, bureau, or agency of the state, and without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this chapter and by the provisions of the resolution authorizing the issuance of such bonds or notes or the trust agreement securing the same.

Source: SL 1973, ch 180, § 33; SDCL Supp, § 28-19-42.
S.D. Codified Laws § 11-11-102 — SD Code / Title 11 / Chapter 11 / Section 11-11-102
Contracts--Mortgage loans--Foreclosure
Status: in_force

The authority, to carry out and effectuate the purposes and provisions of this chapter, may:

(1) Contract for services with architects, engineers, attorneys, accountants, housing construction and financial experts, and other advisers, consultants, and agents and to fix their compensation;

(2) Renegotiate, refinance or foreclose, or contract for the foreclosure of, any mortgage in default; waive any default or consent to the modification of the terms of any mortgage; commence any action to protect or enforce any right conferred upon the authority by any law, mortgage, contract, or other agreement, and bid for and purchase such property at any foreclosure or at any other sale, or acquire or take possession of any such property; operate, manage, lease, dispose of, and otherwise deal with such property, in such manner as may be necessary to protect the interests of the authority and the holders of its bonds;

(3) Make and execute contracts with mortgage bankers, other financial institutions, or government agencies in this state, or outside this state if none which are qualified are located within this state, for the servicing of mortgages acquired by the authority pursuant to this chapter, and pay the reasonable value of services rendered to the authority pursuant to those contracts;

(4) Consent to any modification with respect to rate of interest, time and payment of any installment of principal or interest, security, or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the authority is a party, subject to any agreement with bondholders;

(5) Insure or guarantee mortgage loans made by federally or state chartered banks or savings and loan associations or other mortgage lenders approved by the authority to eligible housing sponsors upon such terms and conditions as the authority deems necessary, including without limitation the maximum amount which may be insured or guaranteed, maximum interest rates, down payment requirements, refinancing terms, insurance or guaranty premium requirements, and remedies on default or foreclosure;

(6) Procure insurance against any loss in connection with the authority's property and other assets, including mortgages and mortgage loans, in such amounts and from such insurers as the authority deems desirable;

(7) Make and undertake to make any and all contracts and agreements, including the payment of fees, with mortgage bankers and other financial institutions in this state for assistance rendered the authority in the location of eligible mortgagees and other sponsors of housing developments;

(8) Make, undertake commitments to make, and participate in the making of mortgage loans, including without limitation federally insured mortgage loans and to make temporary mortgage loans and advances in anticipation of permanent mortgage loans to be made by the authority or other mortgage lenders to housing sponsors; and

(9) Make, undertake commitments to make, and participate in the making of mortgage loans to persons who may purchase residential housing, including without limitation persons and families who are eligible or potentially eligible for federally insured mortgaged loans or federal mortgage loans. The loans shall be made only after a determination by the authority that mortgage loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions. However, such determination does not require that persons or families receiving such loans have been refused a loan by a private mortgage lender.

Source: SL 1973, ch 180, § 12 (15); SDCL Supp, § 28-19-93; SL 2012, ch 78, § 63; SL 2014, ch 44, § 4.
S.D. Codified Laws § 11-4-28 — SD Code / Title 11 / Chapter 4 / Section 11-4-28
Evidence heard by court on certiorari--Referee
Status: in_force

If upon the hearing it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2608.
S.D. Codified Laws § 11-8-55 — SD Code / Title 11 / Chapter 8 / Section 11-8-55
Lease or transfer of property for urban renewal development--Covenants and conditions--Approval by governing body
Status: in_force

A municipality may sell, lease or otherwise transfer real property or any interest therein acquired by it for an urban renewal project, and may enter into contracts with respect thereto, in an urban renewal area for residential, recreational, commercial, industrial, educational, or other uses or for public use, or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such covenants, conditions, and restrictions, including covenants, running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this chapter: provided that such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the urban renewal plan by the local governing body. The purchasers or lessees and their successors and assignees shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the municipality may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan.

Source: SL 1966, ch 149, § 10 (1).
S.D. Codified Laws § 11-7-58 — SD Code / Title 11 / Chapter 7 / Section 11-7-58
Low-rent policy--Operation of housing projects for profit prohibited--Costs to be covered by rentals
Status: in_force

Each commission shall manage and operate its housing projects in an efficient manner to enable it to fix the rentals or payments for dwelling accommodations at rates consistent with its providing decent, safe, and sanitary dwelling accommodations for persons of low income, and no commission shall construct or operate any housing project for profit, or as source of revenue to the municipality or the county. To this end a commission shall fix the rentals or payments for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which (together with all other available moneys, revenues, income, and receipts of the commission from whatever sources derived) will be sufficient:

(1) To pay, as the same become due, the principal and interest on the bonds of the commission issued for housing projects;

(2) To create and maintain such reserves as may be required to assure the payment of principal and interest as they become due on such bonds;

(3) To meet the cost of and to provide for, maintaining and operating the housing projects (including necessary reserves therefor and the cost of any insurance) and the administrative expenses of the commission; and

(4) To make payments in lieu of taxes consistent with maintaining the low - rent character of the projects.

Source: SL 1950 (SS), ch 13, § 12; SDC Supp 1960, § 45.3612; SL 1968, ch 186, § 8.
S.D. Codified Laws § 11-7-65 — SD Code / Title 11 / Chapter 7 / Section 11-7-65
Periodic investigation of circumstances of tenants in housing projects
Status: in_force

A commission shall make periodic investigations of each family admitted to a low - rent housing project and, on the basis of said investigations, shall determine whether that family at the time of its admission:

(1) Lived in an unsafe, insanitary, or overcrowded dwelling or had been displaced by a project or by off - site elimination, or actually was without housing, or was about to be without housing as a result of a court order of eviction, due to causes other than the fault of the tenant; and

(2) Had a net family income not exceeding the income limits theretofore fixed by the commission for admission of families of low income to such housing.

Source: SL 1950 (SS), ch 13, § 16, subdiv 1; SDC Supp 1960, § 45.3616 (1).
S.D. Codified Laws § 11-9-41 — SD Code / Title 11 / Chapter 9 / Section 11-9-41
Procedure for condemnation under power of eminent domain
Status: in_force

The exercise of the power of eminent domain in connection with a district shall proceed in the same manner as a condemnation proceeding is conducted by the Department of Transportation pursuant to the provisions of chapter 31-19 .

Source: SL 1978, ch 91, § 29; SL 2018, ch 70, § 42.
S.D. Codified Laws § 11-6-37 — SD Code / Title 11 / Chapter 6 / Section 11-6-37
Street construction specifically authorized by ordinance--Vote required to overrule planning commission
Status: in_force

The council, or, in the case of a street outside of the municipality, the governing body of such outside territory, may locate and construct or may accept any other street if the ordinance or other measure for such location and construction or for such acceptance be first submitted to the planning commission for its consideration, and, if disapproved by the commission, be passed by not less than two - thirds of the entire membership of the city council or said governing body. A street approval by the commission upon such submission, or constructed or accepted by a two - thirds vote after disapproval by the commission, has the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the council or on a plat made by the 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, § 21; SL 1999, ch 65, § 20.
S.D. Codified Laws § 11-8-1 — SD Code / Title 11 / Chapter 8 / Section 11-8-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Agency" or "Urban Renewal Agency," a public agency created by § 11-8-40 ;

(2) "Area of operation," the area within the corporate limits of the municipality and the area within three miles of such limits, except that the term does not include any area which lies within the territorial boundaries of another municipality unless a resolution has been adopted by the governing body of such other municipality declaring a need therefor;

(3) "Board" or "commission," a board, commission, department, division, office, body, or other unit of the municipality;

(4) "Bonds," any bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness, debentures, or other obligations;

(5) "Clerk," the clerk or other official of the municipality who is the custodian of the official records of such municipality;

(6) "Federal government," includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America;

(7) "Housing and redevelopment cooperation," as stated in chapter 11-7A ;

(8) "Local governing body," the council or other legislative body charged with governing the municipality;

(9) "Mayor," the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality;

(10) "Municipality," any incorporated city or town in the state;

(11) "Obligee," includes any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with urban renewal, or any assignee of such lessor's interest or any part thereof, and the federal government if it is a party to any contract with the municipality;

(12) "Person," any individual, firm, partnership, limited liability company, corporation, company, association, joint - stock association, or body politic; and includes any trustee, receiver, assignee, or other person acting in a similar representative capacity;

(13) "Public body," the state or any municipality, township, village, board, commission, authority, district, or any other subdivision or public body of the state;

(14) "Public officer," any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other activities concerning dwellings in the municipality;

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

(16) "Related activities," planning work for the preparation of a general neighborhood renewal plan, or for the preparation or completion of a community - wide plan or program, and the functions related to the acquisition and disposal of real property pursuant to § 11-8-25 .

Source: SL 1966, ch 149, § 2; SL 1992, ch 60, § 2; SL 1994, ch 351, § 30.
S.D. Codified Laws § 11-11-185 — SD Code / Title 11 / Chapter 11 / Section 11-11-185
Citation of chapter
Status: in_force

This chapter may be cited as the South Dakota Housing Development Authority Act.

Source: SL 1973, ch 180, § 53; SDCL Supp, § 28-19-162.
S.D. Codified Laws § 11-8-60 — SD Code / Title 11 / Chapter 8 / Section 11-8-60
Municipal conveyance conclusively presumed valid
Status: in_force

Any instrument executed by a municipality and purporting to convey any right, title, or interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with the provisions of this chapter insofar as title or other interest of any bona fide purchasers, lessees, or transferees of such property is concerned.

Source: SL 1966, ch 149, § 15.
S.D. Codified Laws § 11-15-11 — SD Code / Title 11 / Chapter 15 / Section 11-15-11
Major metropolitan airport loan--Provisions applicable
Status: in_force

A loan made pursuant to § 11-15-9 to a municipality is exempt from the provisions of chapters 6-8B and 9-25 , but the loan is subject to the constitutional limitations of municipal indebtedness.

A loan made pursuant to § 11-15-9 to a regional airport authority, created pursuant to chapter 50-6A , is exempt from the provisions of §§ 50-6A-29 to 50-6A-37 , inclusive.

Source: SL 2026, ch 62, § 4.
S.D. Codified Laws § 11-8-51 — SD Code / Title 11 / Chapter 8 / Section 11-8-51
Evidence of unlawful uses and substandard conditions admissible on question of damages in eminent domain proceedings
Status: in_force

In any proceeding to fix or assess compensation for damages for the taking of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages, in addition to evidence or testimony otherwise admissible:

(1) Any use, condition, occupancy, or operation of such property, which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under, any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, unsanitary or otherwise contrary to the public health, safety, or welfare;

(2) The effect on the value of such property, of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy, or operation.

The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation. Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made or issued any judgment, decree, determination, or order for the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition, or operation.

Source: SL 1966, ch 149, § 9.
S.D. Codified Laws § 11-8-9 — SD Code / Title 11 / Chapter 8 / Section 11-8-9
Formulation of municipal program for urban renewal--Elements included in program
Status: in_force

A municipality for the purposes of this chapter may formulate for the municipality a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for: the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof.

Source: SL 1966, ch 149, § 5.
S.D. Codified Laws § 11-9-32 — SD Code / Title 11 / Chapter 9 / Section 11-9-32
Special fund--Permissible uses
Status: in_force

Moneys may be paid out of the special fund for the district created under § 11-9-31 only to pay project costs or grants of the district, to reimburse the political subdivision for the payment of project costs or grants of the district, or to satisfy claims of holders of tax increment bonds issued for the district.

Source: SL 1978, ch 91, § 18; SL 2011, ch 73, § 9; SL 2018, ch 70, § 33; SL 2024, ch 45, § 14; SL 2026, ch 58, § 13.
S.D. Codified Laws § 11-7-38 — SD Code / Title 11 / Chapter 7 / Section 11-7-38
Power to insure property
Status: in_force

A commission shall have further power to insure or provide for the insurance of any real or personal property or operations of the commission against any risks or hazards.

Source: SL 1950 (SS), ch 13, § 7, subdiv 3 (13); SDC Supp 1960, § 45.3607 (3) (m).
S.D. Codified Laws § 11-4-4.1 — SD Code / Title 11 / Chapter 4 / Section 11-4-4.1
Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request
Status: in_force

A municipal zoning ordinance adopted pursuant to this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring such approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying property for 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, § 1; SL 2015, ch 72, § 7; SL 2021, ch 55, § 2.
S.D. Codified Laws § 11-3-11 — SD Code / Title 11 / Chapter 3 / Section 11-3-11
Register's recording fee--Acceptance by governing body required
Status: in_force

The register of deeds of the county recording any plat shall receive the sum of sixty dollars. The plat shall first be examined and accepted by the authorized governing body.

Source: PolC 1877, ch 26, § 8; CL 1887, § 1102; RPolC 1903, § 1496; SL 1907, ch 238, § 1; RC 1919, § 6543; SDC 1939, § 45.2807; SL 1974, ch 110; SL 1979, ch 93, § 11; SL 1992, ch 103, § 1; SL 2012, ch 51, § 2.
S.D. Codified Laws § 11-11-3 — SD Code / Title 11 / Chapter 11 / Section 11-11-3
Powers necessary for development authority
Status: in_force

It is hereby further declared to be necessary and in the public interest:

(1) That such State Housing Development Authority provide for predevelopment costs, temporary financing, land development expenses, and residential housing construction or rehabilitation by public and private sponsors for sale or rental or other authorized use;

(2) To provide mortgage and other financing for construction, rehabilitation, and purchase of residential housing;

(3) To provide technical, consultative, and project assistance services to communities and to public and private sponsors;

(4) To increase the construction and rehabilitation and facilitate the purchase of housing through the purchase from financial institutions of first mortgage loans for residential housing or the making of loans to financial institutions to permit them to fund such mortgage loans for persons and families in this state;

(5) To assist in coordinating federal, state, regional, and local public and private efforts and resources, together with statewide housing planning, to otherwise increase the supply of such residential housing;

(6) To guarantee to the extent provided herein the repayment of certain loans secured by residential mortgages; and

(7) To promote wise usage of land and other resources in order to preserve the quality of life in South Dakota.

Source: SL 1973, ch 180, § 1; SDCL Supp, § 28-19-3; SL 1983, ch 106, § 4C; SL 1995, ch 80, § 9.
S.D. Codified Laws § 11-2-29 — SD Code / Title 11 / Chapter 2 / Section 11-2-29
Hearing on proposed change--Notice
Status: in_force

The planning commission shall hold at least one public hearing on any proposed change or modification to the plan or ordinances. 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. At the public hearing, any person may appear and request or protest the requested change.

Source: SDC Supp 1960, § 12.20A06 as added by SL 1961, ch 37, § 2; SL 1967, ch 20, § 6; SL 1999, ch 65, § 7; SL 2000, ch 69, § 40; SL 2006, ch 62, § 2; SL 2011, ch 68, § 1.
S.D. Codified Laws § 11-3-8 — SD Code / Title 11 / Chapter 3 / Section 11-3-8
County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial
Status: in_force

If any person wishes to plat any lands lying outside the boundaries of a municipality, the person shall be governed by this chapter. Before recording the person's plat in accordance with § 11-3-6 , the person shall submit the plat to the board of county commissioners of the county wherein such lands are situated. The approval of the board of county commissioners pursuant to this section may not be required for a plat as specified in § 11-6-26 . The board of county commissioners shall examine the same. The board of county commissioners shall by resolution, approve the plat, and the auditor shall endorse on the plat a copy of the resolution and certify to the same if it appears that the system of streets conforms to the system of streets of existing plats and section lines of the county, that adequate provision is made for access to adjacent unplatted lands by public dedication or section line when physically accessible, that all provisions of any subdivision regulations of the county have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid and that the plat and the survey of the land have been lawfully executed. The board of county commissioners may by resolution designate an administrative official of the county to approve plats in lieu of approval by the board of county commissioners. No plat of any addition or subdivision, so situated, is entitled to record or may be recorded unless the plat bears a copy of the resolution or approval and certificate of the auditor. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the board of county commissioners.

Source: SDC 1939, § 45.2806 as added by SL 1959, ch 272, § 2; SDC Supp 1960, § 45.2806-1; SL 1979, ch 93, § 9; SL 1997, ch 74, § 2.
S.D. Codified Laws § 11-3-18 — SD Code / Title 11 / Chapter 3 / Section 11-3-18
Register of deeds to mark vacated plat--Reference to instrument of vacation
Status: in_force

The register of deeds in whose office the plats aforesaid are recorded shall write in plain, legible letters across that part of the plat so vacated the word "vacated," and also make a reference on the plat to the volume and page in which the instrument of vacation is recorded.

Source: SL 1887, ch 109, § 4; CL 1887, § 1112; RPolC 1903, § 1506; RC 1919, § 6553; SDC 1939, § 45.2813.
S.D. Codified Laws § 11-11-79 — SD Code / Title 11 / Chapter 11 / Section 11-11-79
Price of bonds repurchased for cancellation
Status: in_force

The authority, subject to such agreements with bondholders as may then exist, may, out of any funds available therefor, purchase bonds of the authority for cancellation. Upon such purchase the bonds shall be canceled, at a price not exceeding:

(1) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment thereon; or

(2) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption plus accrued interest to such date.

Source: SL 1973, ch 180, § 34; SDCL Supp, § 28-19-70; SL 2012, ch 78, § 44.
S.D. Codified Laws § 11-6-8 — SD Code / Title 11 / Chapter 6 / Section 11-6-8
Information furnished by public officials--Examinations and surveys--General powers of commission
Status: in_force

All public officials shall, upon request, furnish to the 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 powers necessary to enable it to fulfill and perform its functions, promote municipal planning, or carry out all the purposes of this chapter.

Source: SL 1949, ch 198, § 8; SDC Supp 1960, § 45.3308; SL 1966, ch 145; SL 1999, ch 67, § 1.
S.D. Codified Laws § 11-11-41 — SD Code / Title 11 / Chapter 11 / Section 11-11-41
Power to borrow and issue evidence of indebtedness
Status: in_force

The authority may borrow money and issue bonds and notes or other evidences of indebtedness as provided in this chapter.

Source: SL 1973, ch 180, § 12 (23); SDCL Supp, § 28-19-37; SL 2012, ch 78, § 22.
S.D. Codified Laws § 11-7-79 — SD Code / Title 11 / Chapter 7 / Section 11-7-79
Resubmission to governing body of modified redevelopment plan--Recommendation and approval conclusive of public need
Status: in_force

A redevelopment plan which has not been approved by the governing body when recommended by the commission may again be recommended to it with such modifications as are necessary to meet its objectives. Upon approval of a redevelopment plan, the recommendation of the commission for such plan and the resolution of approval of the governing body shall be conclusive, in any condemnation proceedings, of the public need for such plan.

Source: SL 1950 (SS), ch 13, § 18, subdiv 6; SDC Supp 1960, § 45.3618 (6); SL 1968, ch 186, § 9 (6).
S.D. Codified Laws § 11-11-7 — SD Code / Title 11 / Chapter 11 / Section 11-11-7
Sponsors eligible under chapter
Status: in_force

As used in this chapter, housing sponsor, or, sponsor, means individuals, joint ventures, partnerships, limited partnerships, trusts, firms, associations, governmental agencies, or other legal entities or any combination thereof, corporations, cooperatives, and condominiums, approved by the authority as qualified either to own, construct, acquire, rehabilitate, operate, manage, or maintain a housing development or housing project, whether for profit, nonprofit, or organized for limited profit subject to the regulatory powers of the authority and other terms and conditions set forth in this chapter.

Source: SL 1973, ch 180, § 2 (8); SDCL Supp, § 28-19-7; SL 1995, ch 80, § 12; SL 2012, ch 78, § 4.
S.D. Codified Laws § 11-7-96 — SD Code / Title 11 / Chapter 7 / Section 11-7-96
Issuance of bonds--Maturity dates--Interest rate--Denominations--Registration--Redemption provisions--Signatures
Status: in_force

Bonds of a commission shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide. Bonds may be signed by the manual signature of one official designated by the governing body and by facsimile signature of other officials.

Source: SL 1950 (SS), ch 13, § 22; SDC Supp 1960, § 45.3622; SL 1974, ch 114; SL 1975, ch 47, § 9; SL 1980, ch 47, § 6A; SL 1982, ch 123.
S.D. Codified Laws § 11-11-13 — SD Code / Title 11 / Chapter 11 / Section 11-11-13
State officers and employees eligible as commissioners
Status: in_force

Notwithstanding the provisions of any other law, no officer or employee of this state shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on the authority or his service thereto.

Source: SL 1973, ch 180, § 7; SDCL Supp, § 28-19-12.
S.D. Codified Laws § 11-2-47.1 — SD Code / Title 11 / Chapter 2 / Section 11-2-47.1
Referendum on incorporation of special zoning area
Status: in_force

The board's decision to incorporate the special zoning area may be referred to a vote of the qualified voters of the proposed special zoning area pursuant to §§ 7-18A-17 to 7-18A-24 , inclusive. The qualified voters of the proposed special zoning area may refer the decision within twenty days after its publication by filing a petition signed by five percent of the registered voters in the special zoning area, based upon the total number of registered voters at the last preceding general election. The filing of a valid petition requires the submission of the decision to incorporate the special zoning area to a vote of the qualified voters of the proposed special zoning area for its rejection or approval. The effective date of the incorporation of the special zoning area on which a referendum is to be held shall be suspended by the filing of a referendum petition until the referendum process is completed.

Source: SL 2006, ch 63, § 9; SL 2011, ch 69, § 10.
S.D. Codified Laws § 11-9-19 — SD Code / Title 11 / Chapter 9 / Section 11-9-19
Tax increment base defined
Status: in_force

For purposes of this chapter, the term, tax increment base, is the aggregate assessed value of all taxable property located within a district on the date the district is created, as determined by § 11-9-20 .

Source: SL 1978, ch 91, § 5; SL 2018, ch 70, § 21.
S.D. Codified Laws § 11-7A-8 — SD Code / Title 11 / Chapter 7A / Section 11-7A-8
Rebate of municipal property taxes to further housing goals
Status: in_force

Any municipality may rebate the municipal property taxes paid on housing that furthers the municipality's housing goals. Any such municipality shall, by ordinance, develop a program that provides for the type of housing that qualifies for the rebate, the length of time the rebate may apply, and the criteria the housing shall meet in order to qualify for the rebate.

Source: SL 2016, ch 73, § 1.
S.D. Codified Laws § 11-9-20.1 — SD Code / Title 11 / Chapter 9 / Section 11-9-20.1
Aggregate assessed value for district not in compliance with §10-6-121
Status: in_force

For the purpose of aggregate assessed value in § 11-9-20 , the department shall, for any district located within a county not in compliance with § 10-6-121 , determine the aggregate assessed value in order to reflect an aggregate assessed value as if there had been compliance with the requirements in § 10-6-121 .

Source: SL 1991, ch 115, § 3; SL 2021, ch 44, § 44.
S.D. Codified Laws § 11-3-22.1 — SD Code / Title 11 / Chapter 3 / Section 11-3-22.1
Setting of time and place for hearing on petition--Notice by publication
Status: in_force

The board of county commissioners shall set a time and place for a hearing on a petition filed pursuant to § 11-3-21.1 . The hearing shall be held within thirty days of when the petition is filed. 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.

Source: SL 1988, ch 128, § 2; SL 1999, ch 65, § 9.
S.D. Codified Laws § 11-2-28 — SD Code / Title 11 / Chapter 2 / Section 11-2-28
Changes in comprehensive county plan--Initiation by board or petition of landowners
Status: in_force

The plan, ordinances, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed by action of the board. Any such modification or repeal shall be proposed in a resolution or ordinance, as appropriate, presented to the board for adoption in the same manner and upon the same notice as required for the adoption of the original resolution or ordinance. The amendment, supplement, change, modification, or repeal may be requested through a petition by twenty percent of the landowners in the zoning district or districts requesting change. For purposes of this section, the term, landowner, means any person who owns land in the county as evidenced by records in the offices of the register of deeds and clerk of courts. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county, both the landowner and the individual purchaser of the land, as named in the contract, are treated as landowners. Any charitable, benevolent, or religious society that owns any agricultural land in the county is not a landowner for purposes of this section if the agricultural land is exempt from taxation pursuant to § 10-4-10 , but any such society is a landowner for purposes of this section for any of its real property in the county that is not exempt from taxation pursuant to § 10-4-10 .

Source: SL 1941, ch 216, § 6; SDC Supp 1960, § 12.20A06; SL 1961, ch 37, § 2; SL 1967, ch 20, § 6; SL 1975, ch 113, § 17; SL 2000, ch 69, § 38; SL 2008, ch 60, § 1; SL 2009, ch 61, § 1.
S.D. Codified Laws § 11-9-8.1 — SD Code / Title 11 / Chapter 9 / Section 11-9-8.1
Creation of district--Approval of county district within municipality
Status: in_force

No county may create a district located, in whole or in part, within a municipality, unless the governing body of the municipality has consented to the creation of the district by resolution.

Source: SL 2026, ch 58, § 8.
S.D. Codified Laws § 11-7-22.2 — SD Code / Title 11 / Chapter 7 / Section 11-7-22.2
Certain transfers of property acquired by eminent domain prohibited without prior resale offer to original owner or heirs
Status: in_force

No county, municipality, or housing and redevelopment commission, as provided for in this chapter, may transfer any fee interest in property acquired by the use or threat of eminent domain within seven years of acquisition to any private person, nongovernmental entity, or public-private business entity without first offering to sell such fee interest back to the person who originally owned the property, or such person's heirs or assigns, at current fair market value, whether the property has been improved or has remained unimproved during the interval, or at the original transfer value, whichever is less.

Source: SL 2006, ch 66, § 2.
S.D. Codified Laws § 11-9-17 — SD Code / Title 11 / Chapter 9 / Section 11-9-17
Governing body resolution approving project plan--Findings
Status: in_force

The governing body shall approve a project plan for each district. The approval by resolution must contain findings that the plan is feasible and in conformity with the master plan, if any, of the political subdivision.

Source: SL 1978, ch 91, § 7 (6); SL 2018, ch 70, § 20; SL 2024, ch 45, § 9.
S.D. Codified Laws § 11-2-49 — SD Code / Title 11 / Chapter 2 / Section 11-2-49
Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance
Status: in_force

Except as otherwise provided by § 11-2-60 , the board 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: SL 2000, ch 69, § 19; SL 2003, ch 78, § 1; SL 2004, ch 101, § 1.
S.D. Codified Laws § 11-11-29 — SD Code / Title 11 / Chapter 11 / Section 11-11-29
Policy favoring private business firms
Status: in_force

It is the intent of the Legislature that the authority shall, to the greatest extent possible, hire and utilize private business firms in the performance of its duties as authorized by this chapter.

Source: SL 1973, ch 180, § 12 (30); SDCL Supp, § 28-19-26.
S.D. Codified Laws § 11-7-88 — SD Code / Title 11 / Chapter 7 / Section 11-7-88
Sale or lease for variety of uses as purpose of redevelopment
Status: in_force

It is the purpose of this chapter that commissions will sell or lease the land in the redevelopment area (except such land as it may retain for public housing for low - income groups) for any of a variety of purposes, including private housing, commercial, and other purposes.

Source: SL 1950 (SS), ch 13, § 20, subdiv 2; SDC Supp 1960, § 45.3620 (2).