reglab/housing_qa huggingface dataset:
SD Codified L § 11-2-57 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-57 - Public hearing of appeal--Notice.

11-2-57. Public hearing of appeal--Notice.The board of adjustment shall hold at least one public hearing of the appeal. Notice of the time and place shall be given at least ten days in advance by publication in a legal newspaper of the county, and due notice shall be given to the parties in interest. The board of adjustment shall decide the appeal within sixty days of receiving a notice of appeal. Any party may appear at the hearing in person or by agent or by attorney. Source: SL 2000, ch 69, §27; SL 2020, ch 41, § 8.
SD Codified L § 11-2-58 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-58 - Decisions of board.

11-2-58. Decisions of board.In exercising the powers mentioned in §11-2-53 as to appeals, the board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end has all the powers of the officer from whom the appeal is taken. As to all other decisions, the board of adjustment may make initial determinations as provided by statute and applicable zoning ordinance. Source: SL 2000, ch 69, §28; SL 2003, ch 78, §3; SL 2004, ch 101, §3; SL 2015, ch 72, §4.
SD Codified L § 11-2-59 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-59 - Reversal--Two-thirds majority vote.

11-2-59. Reversal--Two-thirds majority vote.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.
SD Codified L § 11-2-60 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-60 - County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.

11-2-60. County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.In lieu of appointing the board of adjustment provided by §11-2-49, the board of county commissioners having adopted and in effect a zoning ordinance may act as and perform all the duties and exercise the powers of the board of adjustment. When acting as the board of adjustment, the chair of the board of county commissioners is chair of the board of adjustment. The concurring vote of at least two-thirds of the members of the board is necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variation in the ordinance. Any initial conditional use determinations of the board shall be determined by the vote set forth in §11-2-17.3. Source: SL 2000, ch 69, §30; SL 2003, ch 78, §5; SL 2004, ch 101, §5; SL 2016, ch 71, §5; SL 2020, ch 41, § 10.
SD Codified L § 11-2-61 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-61 - Petition to court contesting decision of board--Requirements.

11-2-61. Petition to court contesting decision of board--Requirements.Any person or persons, jointly or severally, or any officer, department, board, or bureau of the county, aggrieved by any decision of the board of adjustment may present to a court of record a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be a petition for writ of certiorari presented to the court within thirty days after the filing of the decision in the office of the board of adjustment. The board of adjustment shall respond to the petition within thirty days of receiving the notice of the filing and shall simultaneously submit the complete record of proceedings of the board appealed from, in the form of a return on a petition for writ, without need for a court order or formal issuance of writ.A petitioner to the circuit court under this section shall pay all transcript costs required to complete the record of proceedings of the board appealed from. Source: SL 2000, ch 69, §31; SL 2003, ch 78, §6; SL 2004, ch 101, §6; SL 2016, ch 71, §6; SL 2020, ch 41, § 11.
SD Codified L § 11-2-61.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-61.1 - Appeal of grant or denial of conditional use permit.

11-2-61.1. Appeal of grant or denial of conditional use permit.Any appeal of a decision of granting or denying a conditional use permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and, notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari standard regardless of the form of the approving authority. The court shall give deference to the decision of the approving authority in interpreting the authority's ordinances. Source: SL 2018, ch 68, §1; SL 2020, ch 41, § 12.
SD Codified L § 11-2-62 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-62 - Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.

11-2-62. Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.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.
SD Codified L § 11-2-62.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-62.1 - Expedited determinations.

  11-2-62.1  .  Expedited determinations.   Upon filing of a petition for writ of certiorari, the court shall expedite any petition determination. Within thirty days of the filing of the response and the record, or as soon as reasonably practicable, the court shall schedule and hold a hearing on the matter to determine the merits, and the cause shall be speedily heard and determined.     Source:  SL 2020, ch 41, § 13.
SD Codified L § 11-2-63 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-63 - Board may return certified copies of papers--Grounds of decision set forth.

11-2-63. Board may return certified copies of papers--Grounds of decision set forth.The board of adjustment is not required to return the original papers acted upon by it, but it is sufficient to return certified copies of the papers, or of such portions of the papers as may be called for by the writ. The return shall concisely set forth such other facts pertinent and material to show the grounds of the decision appealed from and shall be verified. Source: SL 2000, ch 69, §33.
SD Codified L § 11-2-64 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-64 - Court may take evidence.

11-2-64. Court may take evidence.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.
SD Codified L § 11-2-65 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-65 - Court may reverse or affirm decision of board--Costs.

11-2-65. Court may reverse or affirm decision of board--Costs.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.
SD Codified L § 11-2-65.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-65.1 - Special permitted use, conditional use, variance--Expiration.

  11-2-65.1  .  Special permitted use, conditional use, variance--Expiration.   Any special permitted use, conditional use, or variance granted under this chapter does not expire for a period of two years following completion of any final appeal of the decision. Any county zoning ordinance provision to the contrary is invalid or unenforceable and the special permitted use, conditional use, or variance shall be allowed if actual construction as approved is commenced within this period. The authority constitutes a lawful use, lot, or occupancy of land or premises existing at the time of the adoption of a zoning ordinance amendment or replacement within this period or while an appeal is pending regardless of the commencement of actual construction, so that the approved use shall be allowed if upheld on final appeal.   For purposes of this section, the term, actual construction, means that construction materials are being permanently placed and the construction work is proceeding without undue delay.     Source:  SL 2020, ch 41, § 15.
SD Codified L § 11-2-66 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-66 - Cement Plant Commission property zoned as private business.

11-2-66. Cement Plant Commission property zoned as private business.All real property owned, leased, or otherwise held by the State of South Dakota by and through the South Dakota State Cement Plant Commission as of December 28, 2000, is hereby zoned to conform to its use as of December 28, 2000, as if it were owned, operated, and used by a private business, and all applicable municipal and county records shall be revised accordingly. Source: SL 2000 (SS), ch 4, §3.
SD Codified L § 11-3-1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-1 - Townsite or subdivision survey and plat required--Contents.

11-3-1. Townsite or subdivision survey and plat required--Contents.When any person wishes to lay out a townsite or subdivision, he shall cause the same to be surveyed and platted, which shall particularly describe and set forth all the streets, commons, or public grounds, and all blocks, lots, parcels, or tracts within such third class municipality or subdivision, giving the names, width, courses, boundaries, and extent of all such streets. Source: PolC 1877, ch 26, §1; CL 1887, §1095; RPolC 1903, §1490; RC 1919, §6537; SDC 1939, §45.2801; SL 1979, ch 93, §2; SL 1992, ch 60, §2.
SD Codified L § 11-3-1.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-1.1 - Definition of terms.

11-3-1.1. Definition of terms.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.
SD Codified L § 11-3-2 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-2 - Corner markers to be planted--Marking on plat.

11-3-2. Corner markers to be planted--Marking on plat.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.
SD Codified L § 11-3-3 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-3 - Numbering of lots--Length and angle of lines to be shown on plat--Curves.

11-3-3. Numbering of lots--Length and angle of lines to be shown on plat--Curves.All the lots, if included in blocks, shall be numbered in consecutive numbers starting with one, and the blocks shall also be numbered in consecutive numbers or letters, and the precise length and necessary angles of all lot and block lines, and the precise length and bearing angles of all subdivision boundary lines shall be stated on the plat. All lots not included in blocks, and all parcels or tracts shall in like manner be surveyed and numbered or lettered consecutively and the precise length and bearing angle of all lines and the acreage of each lot, parcel, or tract and the total acreage within the subdivision boundaries shall be stated on the plat together with any streets which shall divide or border the same. The plat shall include the length, central angle, and any other data necessary to properly survey any curve included on the plat. Source: SL 1887, ch 106, §1; CL 1887, §1096; RPolC 1903, §1491; RC 1919, §6538; SDC 1939, §45.2802; SL 1979, ch 93, §4.
SD Codified L § 11-3-4 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-4 - Certification, acknowledgment and recording of plats.

11-3-4. Certification, acknowledgment and recording of plats.Every plat provided for in this chapter shall be certified by the registered land surveyor, who shall attach an official seal thereto as specified in §36-18A-45 as being in all respects correct. The landowner, or the landowner's duly authorized agent, shall certify that the plat has been made at the request and under the direction of the landowner for the purposes indicated therein, that he or she is the owner of all the land included therein, and that development of this land shall conform to all existing applicable zoning, subdivision and erosion and sediment control regulations. The landowner certification shall be acknowledged before some officer authorized to take the acknowledgment of deeds and, with the certificate of such acknowledgment, shall be endorsed on or attached to the plat and be recorded as a part thereof in the office of the register of deeds of the proper county.No such plat may be recorded until all the provisions of this section have been fully complied with, and upon certification and recordation shall be used as the legal description as provided by §43-21-4 for all purposes, including constructive notice. Source: SDC 1939, §45.2804; SL 1967, ch 224, §1; SL 1979, ch 93, §5; SL 1981, ch 117; SL 1988, ch 127; SL 1997, ch 73, §1.
SD Codified L § 11-3-6 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-6 - Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.

11-3-6. Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.The provisions of this chapter apply to every addition to, or subdivision within, any county, municipality, or unincorporated town. If the land or any part of the land included in any addition or subdivision is within, adjoining, or contiguous to the boundaries of any municipality, the plat, before being recorded, shall be submitted to the governing body or, if applicable, the planning director of the municipality. If it appears that the system of streets set forth therein conforms to the system of streets of the existing plats of the municipality, that all provisions of any subdivision regulations have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid, and that such plat and the survey thereof have been executed according to law, the governing body shall, by resolution, approve the plat. The governing body may by resolution designate an administrative official of the municipality to approve plats in lieu of approval by the governing body. The auditor or finance officer shall endorse on the face of the plat a copy of the resolution or the designated administrative official's approval and certify to the same. No plat of any such addition or subdivision so situated may be recorded unless the plat bears on its face a copy of the resolution or approval and certificate of the auditor or finance officer. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the governing body. Source: SDC 1939, §45.2806; SL 1959, ch 272, §2; SL 1979, ch 93, §7; SL 1997, ch 74, §1; SL 2006, ch 64, §1.
SD Codified L § 11-3-7 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-7 - Naming of additions and subdivisions.

11-3-7.Naming of additions and subdivisions.Every addition or subdivision within a county, municipality or unincorporated town shall be named as follows, to wit: ____ Addition (or Subdivision) to the municipality (or unincorporated town) of ____ or ____ Addition (or Subdivision) in the ____ quarter, Section ____, T ____, R ____, ____ of the ____ P.M. in the county of ____, except that Sections ____, T ____, R ____, ____ of the P. M. shall not be required when such addition or subdivision is located within the boundaries of an incorporated municipality. No plat which does not comply with this section shall be entitled to record or be recorded. Source: SDC 1939, §45.2806 as added by SL 1967, ch 224, §2; SL 1973, ch 66; SL 1979, ch 93, §8.
SD Codified L § 11-3-8 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-8 - County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial.

11-3-8. County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial.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.
SD Codified L § 11-3-8.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-8.1 - Protection of water from subdivision sewage.

11-3-8.1. Protection of water from subdivision sewage.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.
SD Codified L § 11-3-8.2 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 03 - Platting Of Townsites, Additions And Subdivisions|Section 11-3-8.2 - Liability of developer for sewage pollution.

11-3-8.2. Liability of developer for sewage pollution.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.