reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 64 - Collection Of Sales Taxes From Out-Of-State Sellers › Section 10-64-7 - Obligation to remit tax after injunction lifted or dissolved.

10-64-7. Obligation to remit tax after injunction lifted or dissolved.
If an injunction provided by this chapter is lifted or dissolved, as to a defendant in an action initiated by the state pursuant to §10-64-3, the state shall assess and apply the obligation established in §10-64-2 from that date forward.
Source:
SL 2016, ch 70, §6, eff. May 1, 2016; SL 2018 (SS), ch 2, §5, eff. Sept. 12, 2018.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 64 - Collection Of Sales Taxes From Out-Of-State Sellers › Section 10-64-8 - Procedure for recovery of taxes, penalties, or interest--Liability of purchaser for use tax unaffected.

10-64-8. Procedure for recovery of taxes, penalties, or interest--Liability of purchaser for use tax unaffected.
A taxpayer complying with this chapter, voluntarily or otherwise, may only seek a recovery of taxes, penalties, or interest by following the recovery procedures established pursuant to chapter 10-59. However, no claim may be granted on the basis that the taxpayer lacked a physical presence in the state and complied with this chapter voluntarily while covered by the injunction provided in §10-64-4.
Nothing in this chapter limits the ability of any taxpayer to obtain a refund for any other reason, including a mistake of fact or mathematical miscalculation of the applicable tax.
No seller who remits sales tax voluntarily or otherwise under this chapter is liable to a purchaser who claims that the sales tax has been over-collected because a provision of this chapter is later deemed unlawful.
Nothing in this chapter affects the obligation of any purchaser from this state to remit use tax as to any applicable transaction in which the seller does not collect and remit or remit an offsetting sales tax.
Source:
SL 2016, ch 70, §7, eff. May 1, 2016.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers › Section 10-65-1 - Definitions.

10-65-1. Definitions.
Terms used in this chapter mean:
(1)"Person," the same as the term is defined under §10-45-1; and
(2)"Retailer," the same as the term is defined under §10-45-1.
Source:
SL 2018 (SS), ch 3, §4, eff. Dec. 12, 2018.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers › Section 10-65-2 - Marketplace defined.

10-65-2. Marketplace defined.
For the purposes of this chapter, a marketplace is any means by which any marketplace seller sells or offers for sale tangible personal property, products transferred electronically, or services for delivery into this state, regardless of whether the marketplace seller has a physical presence in this state.
Source:
SL 2018 (SS), ch 3, §1, eff. Dec. 12, 2018.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers › Section 10-65-3 - Marketplace provider defined.

10-65-3. Marketplace provider defined.
For the purposes of this chapter, a marketplace provider is any person that facilitates a sale for a marketplace seller through a marketplace by:
(1)Offering for sale by the marketplace seller, by any means, tangible personal property, products transferred electronically, or services for delivery into this state; and
(2)Directly, or indirectly through any agreement or arrangement with third parties, collecting payment from a purchaser and transmitting the payment to the marketplace seller, regardless of whether the person receives compensation or other consideration in exchange for facilitating the sale or providing any other service.
Source:
SL 2018 (SS), ch 3, §2, eff. Dec. 12, 2018.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers › Section 10-65-4 - Marketplace seller defined.

10-65-4. Marketplace seller defined.
For the purposes of this chapter, a marketplace seller is a retailer that sells or offers for sale tangible personal property, products transferred electronically, or services for delivery into this state, through a marketplace that is owned, operated, or controlled by a marketplace provider.
Source:
SL 2018 (SS), ch 3, §3, eff. Dec. 12, 2018.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers › Section 10-65-5 - Certain marketplace providers required to collect and remit sales tax_Criteria.

10-65-5. Certain marketplace providers required to collect and remit sales tax--Criteria.
Notwithstanding any other provision of law, a marketplace provider is subject to chapters 10-45 and 10-52 and shall collect and remit sales tax on all sales of tangible personal property, products transferred electronically, or services for delivery into this state, that the marketplace provider makes or facilitates for a marketplace seller if the marketplace provider:
(1)Is a seller subject to §10-64-2;
(2)Facilitates the sales of at least one marketplace seller that is subject to §10-64-2; or
(3)Facilitates the sales of two or more marketplace sellers that, when the sales are combined, are subject to §10-64-2, even if the marketplace sellers are not separately or individually subject to §10-64-2.
Source:
SL 2018 (SS), ch 3, §5, eff. Dec. 12, 2018.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers › Section 10-65-6 - Sale for resale.

10-65-6. Sale for resale.
A marketplace seller making a sale through a marketplace provider that is subject to the provisions of this chapter shall consider the sale as a sale for resale.
Source:
SL 2018 (SS), ch 3, §6, eff. Dec. 12, 2018.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers › Section 10-65-7 - Failure to collect or remit sales tax_Relief from liability.

10-65-7. Failure to collect or remit sales tax--Relief from liability.
A marketplace provider that fails to collect or remit sales tax under §10-65-5 may be relieved of liability if the failure was due to incorrect or insufficient information provided to the marketplace provider by a marketplace seller. The relief provided by this section may not exceed five percent of the total sales tax due on all sales into this state that are facilitated by a marketplace provider for marketplace sellers in a calendar year.
The provisions of this section do not apply to any sales where the marketplace provider is affiliated with the marketplace seller. A marketplace provider and a marketplace seller are affiliated if:
(1)Either owns more than five percent of the other; or
(2)Both are subject to the control of a common entity that owns more than five percent of each.
This section is repealed on June 30, 2024.
Source:
SL 2018 (SS), ch 3, §7, eff. Dec. 12, 2018.
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Effective June 30, 2024
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10-65-7. Repealed.
Source: SL 2018 (SS), ch 3, §7, eff. Dec. 12, 2018.
Commission Note: This section was repealed on June 30, 2024, as expressed in SL 2018 (SS), ch 3, §7.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers › Section 10-65-8 - Prospective obligation of marketplace provider to collect or remit tax .

10-65-8. Prospective obligation of marketplace provider to collect or remit tax.
No marketplace provider is required to collect or remit sales tax under this chapter on any sale made before March 1, 2019.
Source:
SL 2018 (SS), ch 3, §8, eff. Dec. 12, 2018.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-1 - Definition of terms.

11-2-1. Definition of terms.
Terms used in this chapter mean:
(1)"Board," the board of county commissioners;
(2)"Commission," "planning and zoning commission," "zoning commission," or "planning commission," any county planning and zoning commission created under the terms of this chapter;
(3)"Comprehensive plan," a document which describes in words, and may illustrate by maps, plats, charts, and other descriptive matter, the goals, policies, and objectives of the board to interrelate all functional and natural systems and activities relating to the development of the territory under its jurisdiction;
(4)"Governing body," the board of county commissioners, the city council or city commission;
(5)"Municipality," a city or town however organized;
(6)"Temporary zoning or subdivision ordinance," an ordinance adopted as an emergency measure for a limited duration;
(7)"Subdivision ordinance," any ordinance adopted by the board to regulate the subdivision of land so as to provide coordination of streets with other subdivisions and the major street plan, adequate areas set aside for public uses, water and sanitation facilities, drainage and flood control, and conformity with the comprehensive plan;
(8)"Subdivision," the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development. The term includes resubdivision. This definition does not apply to the conveyance of a portion of any previously platted tract, parcel, lot, or site if the conveyance does not cause the tract, parcel, lot, or site from which the portion is severed to be in violation of any existing zoning ordinance or subdivision ordinance applying to the tract, parcel, lot, or site;
(9)"Zoning map," the map that delineates the extent of each district or zone established in the zoning ordinance;
(10)"Zoning ordinance," any ordinance adopted by the board to implement the comprehensive plan by regulating the location and use of buildings and uses of land.
Source:
SL 1967, ch 20, §1; SL 1975, ch 113, §1; SL 1987, ch 29, §55; SL 1992, ch 60, §2; SL 2000, ch 69, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-1.1 - Aggrieved persons--Requirements.

11-2-1.1  .  Aggrieved persons--Requirements.
For the purposes of this chapter, a person aggrieved is any person directly interested in the outcome of and aggrieved by a decision or action or failure to act pursuant to this chapter who:
(1) Establishes that the person suffered an injury, an invasion of a legally protected interest that is both concrete and particularized, and actual or imminent, not conjectural or hypothetical;
(2) Shows that a causal connection exists between the person's injury and the conduct of which the person complains. The causal connection is satisfied if the injury is fairly traceable to the challenged action, and not the result of the independent action of any third party not before the court;
(3) Shows it is likely, and not merely speculative, that the injury will be redressed by a favorable decision, and;
(4) Shows that the injury is unique or different from those injuries suffered by the public in general.
Source:  SL 2020, ch 41, § 1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-2 - Appointment of county planning commission--Number of members--Acting as zoning commission.

11-2-2. Appointment of county planning commission--Number of members--Acting as zoning commission.
The board of county commissioners of each county in the state may appoint a commission of five or more members to be known as the county planning commission. If a county proposes to enact or implement any purpose set forth in this chapter then the board of county commissioners shall appoint a county planning commission. The total membership of the county planning commission shall always be an uneven number and at least one member shall be a member of the board of county commissioners. The county planning commission is also the county zoning commission.
Source:
SL 1941, ch 216, §4; SDC Supp 1960, §12.20A04; SL 1966, ch 27; SL 1967, ch 20, §2; SL 1968, ch 23; SL 1997, ch 72, §2; SL 1999, ch 64, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-3 - Term of office of appointed commission members--Removal for cause--Ex officio members.

11-2-3. Term of office of appointed commission members--Removal for cause--Ex officio members.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-3.1 - Meetings of planning commission.

11-2-3.1. Meetings of planning commission.
The planning commission shall meet at such times as may be necessary to accomplish the purposes of this chapter, but, in no event, shall the commission meet less than once every three months.
Source:
SL 1967, ch 20, §2 as added by SL 1968, ch 23.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-3.2 - Per diem and expenses of commission.

11-2-3.2. Per diem and expenses of commission.
Per diem and expenses of the county planning commission shall be established by the board of county commissioners and paid by the county.
Source:
SL 1977, ch 104, §19.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-3.3 - Information furnished by public officials--Examinations and surveys--General powers of commission.

11-2-3.3. Information furnished by public officials--Examinations and surveys--General powers of commission.
All public officials shall, upon request, furnish to the county planning commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its functions, may, after thirty days' written notice by certified mail to the landowner, enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the commission has all such powers necessary to enable it to fulfill and perform its functions, promote county planning and zoning, or carry out all the purposes of this chapter.
Source:
SL 1999, ch 67, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-4 - Employment of planning staff--Contracts for planning services.

11-2-4. Employment of planning staff--Contracts for planning services.
To carry out the purposes of this chapter, the board may employ a planning director and inspector or either of them and such staff as it deems necessary; or the board may contract with a planning agency, authority, or commission, or with planning consultants, or with other specialists for such services as it requires.
Source:
SL 1967, ch 20, §8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-5 - Joint planning by counties--Sharing of expenses--Objectives of joint planning.

11-2-5. Joint planning by counties--Sharing of expenses--Objectives of joint planning.
The boards of two or more county commissioners may direct their planning commissions to plan jointly. Expenses incurred in connection with joint planning, including but not limited to contracted services, shall be shared equitably among the counties involved. Encouraging regional economic development, including but not limited to the creation of compatible controls in neighboring counties, shall be the objective of joint planning.
Source:
SL 1941, ch 216, §4; SDC Supp 1960, §12.20A04; SL 1967, ch 20, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-6 - Grants from and agreements with federal and state agencies.

11-2-6. Grants from and agreements with federal and state agencies.
Any county providing for county planning activities may receive grants-in-aid from or enter into reasonable agreements with any department or agency of the government of the United States or State of South Dakota, to arrange for the receipt of federal or state funds in the interest of furthering the planning program.
Source:
SL 1967, ch 20, §7.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-7 - Contracts to provide planning and zoning services to municipalities--Municipal powers exercised by county board.

11-2-7. Contracts to provide planning and zoning services to municipalities--Municipal powers exercised by county board.
The governing body of any municipality may contract with the board for planning and zoning services to be provided by the county, and the contract may provide that the municipality shall pay such fees as are agreed for the services performed. Under the provisions of the contract the municipal governing body may authorize the county planning and zoning commission, on behalf of the municipality, to exercise any of the powers otherwise granted to municipal planning and zoning commissions under chapters 11-4 and 11-6.
Source:
SL 1967, ch 20, §9; SL 1975, ch 113, §2; SL 1992, ch 60, §2; SL 1998, ch 76, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-8 - Joint county-municipal planning activities--County planning commission as municipal planning commission.

11-2-8. Joint county-municipal planning activities--County planning commission as municipal planning commission.
The contract between the governing body of the municipality and the board may provide among other things for joint county-municipal planning activities, or it may designate the county planning commission as the planning commission for the municipality.
Source:
SL 1967, ch 20, §9; SL 1975, ch 113, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-9 - Funds, equipment, and accommodations provided by county--Expenses of planning commission members.

11-2-9. Funds, equipment, and accommodations provided by county--Expenses of planning commission members.
The board of county commissioners shall provide the funds, equipment, and accommodations necessary for such planning activity as the board determines. Such appropriation may include payment for actual expenses of the members of the planning commission or payment on a per diem basis as determined by the board.
Source:
SL 1967, ch 20, §7.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-10 - Temporary zoning controls--Purpose--Notice and public hearing required--Duration of controls--Renewal.

11-2-10. Temporary zoning controls--Purpose--Notice and public hearing required--Duration of controls--Renewal.
If a county is conducting or in good faith intends to conduct studies within a reasonable time, or has held or is holding a hearing for the purpose of considering a comprehensive plan, the board in order to protect the public health, safety, and general welfare may adopt as emergency measures a temporary zoning ordinance and map and a temporary subdivision ordinance, the purposes of which are to classify and regulate uses and related matters as constitutes the emergency. Before adoption or renewal of the emergency measure or measures, the board shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the county. Any emergency measure is limited to one year from the date it becomes effective and may be renewed for one year. In no case may such a measure be in effect for more than two years.
Source:
SL 1967, ch 20, §10; SL 1975, ch 113, §4; SL 1999, ch 65, §1; SL 2000, ch 69, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-10.1 - Injunction available against temporary zoning control--Grounds for injunction.

11-2-10.1. Injunction available against temporary zoning control--Grounds for injunction.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-11 - Preparation of comprehensive county plan and official controls--Municipalities included.

11-2-11. Preparation of comprehensive county plan and official controls--Municipalities included.
The county planning commission may prepare, or cause to be prepared, a comprehensive plan for the county including those municipalities within the county which are either unincorporated or which have requested by resolution of the governing board of such municipality to be included.
Source:
SL 1941, ch 216, §4; SDC Supp 1960, §12.20A04; SL 1966, ch 27; SL 1967, ch 20, §2; SL 1974, ch 108; SL 1975, ch 113, §5; SL 1976, ch 103; SL 1977, ch 104, §1; SL 1999, ch 65, §2; SL 2000, ch 69, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-12 - Purposes of comprehensive county plan.

11-2-12. Purposes of comprehensive county plan.
The comprehensive plan shall be for the purpose of protecting and guiding the physical, social, economic, and environmental development of the county; to protect the tax base; to encourage a distribution of population or mode of land utilization that will facilitate the economical and adequate provisions of transportation, roads, water supply, drainage, sanitation, education, recreation, or other public requirements; to lessen governmental expenditure; and to conserve and develop natural resources.
Source:
SL 1941, ch 216, §3; SDC Supp 1960, §12.20A03; SL 1967, ch 20, §2; SL 1975, ch 113, §6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-13 - Adoption of zoning ordinance.

11-2-13. Adoption of zoning ordinance.
For the purpose of promoting health, safety, or the general welfare of the county the board may adopt a zoning ordinance to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of the yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, flood plain, or other purposes.
Source:
SL 1941, ch 216, §2; SDC Supp 1960, §12.20A02; SL 1967, ch 20, §3 (1); SL 2000, ch 69, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-14 - Division of county into zoning districts--Matters regulated--Special considerations.

11-2-14. Division of county into zoning districts--Matters regulated--Special considerations.
For any of the purposes specified in §11-2-13, the board may divide the county into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter; and within the districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land . All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.
The regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration or scattering of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks; and other public requirements.
The regulations shall be made with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the county.
Source:
SL 1967, ch 20, §3 (2); SL 1975, ch 113, §7; SL 2000, ch 69, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-15 - Highway, road and street maps--Features included--Setbacks.

11-2-15. Highway, road and street maps--Features included--Setbacks.
The regulations may include maps for highways, roadways, parkways, roads, and streets showing the exact alignments, gradients, dimensions, and other pertinent features, and including specific controls for setbacks from the right-of-way against encroachment by buildings or other physical structures or facilities.
Source:
SL 1967, ch 20, §3 (3); SL 2000, ch 69, §6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-16 - Maps for public buildings and facilities--Protection of future sites.

11-2-16. Maps for public buildings and facilities--Protection of future sites.
The regulations may include maps for other public facilities such as parks, playgrounds, schools, and other public buildings showing exact location, size, boundaries, and other related features including appropriate regulations protecting such future sites against encroachment by buildings and other physical structures or facilities.
Source:
SL 1967, ch 20, §3 (4); SL 2000, ch 69, §7.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-17 - Land development and subdivision regulations--Dedications for public purposes.

11-2-17. Land development and subdivision regulations--Dedications for public purposes.
The board may adopt a subdivision ordinance which shall be made in accordance with the comprehensive plan. The regulations may establish standards and procedures to be employed in land development including subdividing of land and the approval of land plats and the preservation of streets and land for other public purposes requiring future dedication or acquisition and general design of physical improvements.
Source:
SL 1967, ch 20, §3 (5); SL 2000, ch 69, §8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-17.1 - Permanent subdivision ordinances enacted by county commissioners--Counties with comprehensive plans exempted--Notice and hearing requirements.

11-2-17.1. Permanent subdivision ordinances enacted by county commissioners--Counties with comprehensive plans exempted--Notice and hearing requirements.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-17.3 - Conditional use of real property--Ordinance--Content--Approval or disapproval.

11-2-17.3. Conditional use of real property--Ordinance--Content--Approval or disapproval.
A county zoning ordinance adopted under this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying approval of certain conditional uses. The approving authority shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and the relevant zoning districts when making a decision to approve or disapprove a conditional use request. Approval of a conditional use request requires the affirmative majority vote of the members of the approving authority who are present and voting.
Source: SL 2004, ch 103, §3; SL 2015, ch 72, §2; SL 2020, ch 41, §2; SL 2023, ch 39, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-17.4 - Conditional use defined.

11-2-17.4. Conditional use defined.
A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in §11-2-17.3. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district.
Source:
SL 2004, ch 103, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-17.5 - Special permitted uses.

11-2-17.5. Special permitted uses.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-17.6 - Special permitted uses--Exceptions.

11-2-17.6  .  Special permitted uses--Exceptions.
Any land use that meets the specified criteria for certification under any county zoning ordinance shall be considered a special permitted use. A special permitted use applicant is not subject to the requirements set forth in §  11-2-17.4  . A special permitted use is not subject to any public hearing or other requirements for review and approval of conditional uses. Upon adoption of certification provisions, the land use is a permitted use subject to the criteria and enforcement in the same manner as a permitted use.
Source:  SL 2020, ch 41, § 4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-17.7 - Conditional use application--Impact on neighboring land.

11-2-17.7  .  Conditional use application--Impact on neighboring land.
Any alteration, construction, use of earthmoving equipment, or other change pursuant to a zoning permit or allowed land use on neighboring land that began after the date on which an application for a conditional use is received, and that causes the application to fail to meet one or more of the criteria or requirements for conditional use under the zoning ordinance, does not cause the request for a conditional use permit to be considered nonconforming until a final disposition of the conditional use request is determined pursuant to §  11-2-61   or   11-2-65  . If the conditional use permit is granted, the conditional use shall be considered a lawful use, lot, or occupancy of land or premises and may be continued even though the use, lot, or occupation does not conform to the provisions of the ordinance. If the conditional use is not pursued by the applicant for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall conform with the zoning ordinance.
Source:  SL 2020, ch 41, § 5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-18 - Planning commission hearings--Notice--Recommendations.

11-2-18. Planning commission hearings--Notice--Recommendations.
The planning commission shall hold at least one public hearing on the respective comprehensive plan, zoning ordinance, or subdivision ordinance. Notice of the time and place of the hearings shall be given once at least ten days in advance by publication in a legal newspaper of the county. Following the public hearing, the planning commission shall submit its recommendation to the board.
Source:
SL 1967, ch 20, §3; SL 2000, ch 69, §10.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-19 - Publication of notice of hearing.

11-2-19. Publication of notice of hearing.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-20 - Action upon comprehensive plan by resolution or ordinance--Majority vote of board required.

11-2-20. Action upon comprehensive plan by resolution or ordinance--Majority vote of board required.
Based on the results of the hearing or hearings, the action upon the comprehensive plan shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the board.
Based on the results of the hearing or hearings, the action upon the zoning regulations and the subdivision regulations shall be by ordinance carried by the affirmative votes of not less than a majority of all the members of the board.
Source:
SL 1967, ch 20, §4; SL 1970, ch 84, §1; SL 1975, ch 113, §8; SL 1977, ch 104, §3; SL 2000, ch 69, §12.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-20.1 - Coordinating comprehensive plan with federal resource management plans.

11-2-20.1. Coordinating comprehensive plan with federal resource management plans.
The board of county commissioners of a county which has officially adopted a comprehensive plan pursuant to §11-2-20 may participate in efforts to coordinate the comprehensive plan with federal regional forest or other resource management plans as provided in the Federal Land Policy and Management Act of 1976 and federal regulations adopted pursuant to that act, including Title 36, Part 219 of the Code of Federal Regulations and Title 43, Subparts 1601 and 1610 of the Code of Federal Regulations.
Source:
SL 1994, ch 106.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-21 - Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection.

11-2-21. Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-22 - Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.

11-2-22. Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-22.1 - Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters.

11-2-22.1. Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-24 - Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval.

11-2-24. Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-24.1 - Approval by failure of planning commission to act in time--Exception if longer period granted.

11-2-24.1. Approval by failure of planning commission to act in time--Exception if longer period granted.
The failure of the planning commission to act within sixty-five days from and after the date of official submission to it under the provisions of §11-2-24, shall be deemed approval, unless a longer period be granted by the board or other submitting official.
Source:
SL 1975, ch 113, §14.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-25 - Enforcement provided by county commissioners.

11-2-25. Enforcement provided by county commissioners.
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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-26 - Continuance of nonconforming uses permitted--Discontinuance.

11-2-26. Continuance of nonconforming uses permitted--Discontinuance.
Any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupation does not conform to the provisions of the ordinance. However, if the nonconforming use, lot, or occupancy is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall conform with the zoning ordinance.
Source:
SL 1941, ch 216, §8; SDC Supp 1960, §12.20A08; SL 1967, ch 20, §12; SL 2000, ch 69, §36.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-27 - Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses.

11-2-27. Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses.
The board may by resolution as provided in §11-2-25 prescribe such regulations not contrary to law or §11-2-26, as it deems desirable or necessary to regulate and control, or reduce the number or extent of or bring about the gradual elimination of nonconforming uses, lots, or occupancies. However, in accordance with the provisions of §11-2-26, any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the zoning ordinance. If the use, lot, or occupancy is discontinued for more than one year, the board may adopt, after notice by registered or certified mail to the property owners, an amortization schedule to bring about the gradual elimination of the nonconforming use, lot, or occupancy.
Source:
SL 1967, ch 20, §12; SL 1975, ch 113, §16; SL 2000, ch 69, §37.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-28 - Changes in comprehensive county plan--Initiation by board or petition of landowners.

11-2-28. Changes in comprehensive county plan--Initiation by board or petition of landowners.
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.