reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-13 - Assistance to local commissions and private parties.

1-19A-13. Assistance to local commissions and private parties.
The South Dakota State Historical Society shall provide technical and financial assistance to local historical commissions and private parties involved in historic preservation activities.
Source:
SL 1973, ch 14, §5 (10); SL 2009, ch 1, §63; SL 2015, ch 277 (Ex. Ord. 15-1), §19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-13.1 - Historical preservation loan and grant fund established--Purpose--Sources of funds.

1-19A-13.1. Historical preservation loan and grant fund established--Purpose--Sources of funds.
There is established a historical preservation loan and grant fund in the South Dakota State Historical Society. The purpose of such fund is to make loans and grants to purchase, restore, or develop historic South Dakota properties for residential, commercial, or public purposes. The State Historical Society Board of Trustees, with the approval of the Governor, may accept into the loan fund any funds which may be obtained from repayment of loan principal, interest, gifts, grants, or contributions.
Source:
SL 1977, ch 19, §§1, 4; SL 1994, ch 332, §2; SL 2015, ch 277 (Ex. Ord. 15-1), §19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-13.2 - National register eligibility required.

1-19A-13.2. National register eligibility required.
Structures which may be considered for loans or grants under §§1-19A-13.1 to 1-19A-13.5, inclusive, shall either be on or eligible for the national register of historic places according to the criteria established by the national register.
Source:
SL 1977, ch 19, §2; SL 1994, ch 332, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-13.3 - Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use.

1-19A-13.3. Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use.
Loans and grants may be made from the loan and grant fund by the State Historical Society Board of Trustees to individuals, corporations, or historical organizations for up to ninety percent of the cost of purchase, restoration, and development of a structure. Loans shall be made at an annual interest rate of one-fourth the prime interest rate at the time the loan is made. The maximum amount of a loan for any one structure is twenty-five thousand dollars. Loans may not be extended beyond a three-year period, nor may they be renewed. Loans and grants may be made to nonprofit historical organizations, municipalities, and other local governmental entities for the full cost of purchase, restoration, and development of structures that will have a public use.
Source:
SL 1977, ch 19, §3; SL 1994, ch 332, §4; SL 2002, ch 14, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-13.4 - Funds to be used for restoration of historic properties.

1-19A-13.4. Funds to be used for restoration of historic properties.
The interest earned, gifts, contributions, and any appropriation for the purposes of §§1-19A-13.1 to 1-19A-13.5, inclusive, shall be used for the restoration of other historic properties specified in §§1-19A-13.1 and 1-19A-13.2.
Source:
SL 1977, ch 19, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-13.5 - Promulgation of rules regarding historical preservation loans and grants.

1-19A-13.5. Promulgation of rules regarding historical preservation loans and grants.
For the purpose of the administration of §§1-19A-13.1 to 1-19A-13.5, inclusive, the State Historical Society Board of Trustees may adopt rules pursuant to chapter 1-26.
Source:
SL 1977, ch 19, §5; SL 2009, ch 1, §64.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-14 - Information provided on historic properties.

1-19A-14. Information provided on historic properties.
The South Dakota State Historical Society shall provide information on historic properties within the state to the agencies and instrumentalities of the federal, state, and local governments and, if appropriate, to private individuals and organizations.
Source:
SL 1973, ch 14, §5(6); SL 2009, ch 1, §65; SL 2015, ch 277 (Ex. Ord. 15-1), §19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-15 - Stimulation of public interest in historic preservation.

1-19A-15. Stimulation of public interest in historic preservation.
The South Dakota State Historical Society shall stimulate public interest in historic preservation including the development and implementation of interpretive programs for historic properties listed on the state register of historic places and through the management of the state's historical marker program.
Source:
SL 1973, ch 14, §5 (11); SL 2009, ch 1, §66; SL 2015, ch 277 (Ex. Ord. 15-1), §19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-16 - On-going programs--Programs of school of mines and technology not affected--Charge for publications.

1-19A-16. On-going programs--Programs of school of mines and technology not affected--Charge for publications.
The South Dakota State Historical Society shall develop an on-going program of historical, architectural, paleontological, and archaeological research and development to include continuing surveys, excavation, scientific recording, interpretation, and publication of the state's historical, architectural, archaeological, paleontological, and cultural resources. The provisions of this section do not apply to programs within the South Dakota School of Mines and Technology. A reasonable charge may be made for publications.
Source:
SL 1973, ch 14, §5 (12); SL 1980, ch 12, §3; SL 2009, ch 1, §67; SL 2015, ch 277 (Ex. Ord. 15-1), §19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-17 - Improvement and operation of historic properties--Legislative consent required for acquisition.

1-19A-17. Improvement and operation of historic properties--Legislative consent required for acquisition.
Any historic property acquired, whether in fee or otherwise, may be used, maintained, improved, restored, or operated by the South Dakota State Historical Society for any purpose within its powers and not inconsistent with the purpose of the continued preservation of the property. No historic property may be acquired, whether in fee or otherwise, except by act of the Legislature.
Source:
SL 1973, ch 14, §6; SL 2009, ch 1, §68; SL 2015, ch 277 (Ex. Ord. 15-1), §19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-18.1 - State Review Board abolished.

1-19A-18.1. State Review Board abolished.
The State Review Board established pursuant to chapter 1-19A, is hereby abolished.
Source:
SL 1985, ch 400 (Ex. Ord. 85-2), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-19 - Powers and duties of board.

1-19A-19. Powers and duties of board.
The State Historical Society Board of Trustees shall:
(1)Approve nominations to the state and national registers of historic places;
(2)Review the state survey of historic properties undertaken in accordance with the provisions of this chapter;
(3)Review the content of the state preservation plan developed in accordance with the provisions of this chapter;
(4)Approve the removal of properties from the state register;
(5)Recommend the removal of properties from the national register; and
(6)Otherwise act in an advisory capacity to the South Dakota State Historical Society.
Source:
SL 1973, ch 14, §4; SL 2009, ch 1, §69; SL 2015, ch 277 (Ex. Ord. 15-1), §19, eff. Apr. 20, 2015; SL 2021, ch 7, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-20 - Tax moratorium on increased valuation due to restoration or rehabilitation of historic property.

1-19A-20. Tax moratorium on increased valuation due to restoration or rehabilitation of historic property.
There is a moratorium on the taxation of increased valuation due to restoration or rehabilitation of real estate placed on the State Register of Historic Places in accordance with §1-19A-5 and which has been assisted through federal restoration grant-in-aid assistance provided by Public Law 102-575 as amended to January 1, 1994, or which has been substantially restored or rehabilitated with the assistance of the historic preservation loan fund, or which has undergone privately funded restoration or rehabilitation which has been certified as meeting historic preservation standards by the State Historical Society Board of Trustees. The board shall use U.S. Department of the Interior standards for historic preservation projects codified in 36 C.F.R. 67 as of January 1, 1994, to approve or deny certifications. The moratorium shall begin in the year that approval of the completed work is granted and shall extend for a period of eight years.
Source:
SL 1978, ch 11, §2; SL 1980, ch 79; SL 1987, ch 19, §2; SL 1994, ch 16, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-21 - Covenant to maintain property required to benefit from chapter.

1-19A-21. Covenant to maintain property required to benefit from chapter.
No property so restored or rehabilitated may benefit from the provisions of this chapter unless the owner of such property attaches a restrictive covenant running with the land which states that the property shall be maintained in a manner which preserves the property's restored portions.
Source:
SL 1978, ch 11, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-22 - Cancellation of tax moratorium.

1-19A-22. Cancellation of tax moratorium.
If the State Historical Society Board of Trustees determines that the owner of any property given a tax moratorium pursuant to §1-19A-20 has failed to maintain such property, the board may, after a public hearing, cancel the tax moratorium on such property. If the board cancels a tax moratorium pursuant to this section, the board shall notify the director of equalization and the treasurer of the county where such property is located of such cancellation.
Source:
SL 1992, ch 6, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-23 - Ratification of previous moratoriums.

1-19A-23. Ratification of previous moratoriums.
All applications for tax moratoriums on properties properly placed on the State Register of Historic Places which were restored with federal restoration grant-in-aid assistance, or received assistance from the historic preservation loan fund, or have undergone privately funded restoration or rehabilitation, and were filed with and formally certified by the State Historical Society Board of Trustees prior to January 1, 1994, are hereby ratified as of the date of such filing. Nothing in this section shall affect any tax moratorium filed, reviewed, or granted prior to January 1, 1992.
Source:
SL 1992, ch 6, §5; SL 1994, ch 16, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-24 - Moratoriums for certain property prohibited.

1-19A-24. Moratoriums for certain property prohibited.
The State Historical Society Board of Trustees may not grant a tax moratorium to any real estate which is not on the state or national register and which is moved from the location where such real estate was located when originally constructed.
Source:
SL 1992, ch 6, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19A - Preservation Of Historic Sites › Section 1-19A-29 - Promulgation of rules to administer chapter.

1-19A-29. Promulgation of rules to administer chapter.
For the purpose of the administration of this chapter the State Historical Society Board of Trustees shall adopt rules pursuant to chapter 1-26 in the following areas:
(1)Definitions;
(2)Standards for historic preservation, restoration, and rehabilitation projects;
(3)Project application procedures;
(4)Requests for project information;
(5)Project approval and nonapproval;
(6)Terms of project certification;
(7)County notification of certification;
(8)Terms of restrictive covenants;
(9)Filing of restrictive covenants;
(10)Violation of covenants; and
(11)Cancellation of certification.
Source:
SL 1994, ch 16, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-1 - Legislative findings--Purpose of chapter.

1-19B-1. Legislative findings--Purpose of chapter.
Whereas the Legislature of the State of South Dakota has determined that the historical, architectural, archaeological, paleontological, and cultural heritage of this state is among its most important assets, it is hereby declared to be the purpose of this chapter to authorize the local governing bodies of this state to engage in a comprehensive program of historic preservation, to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this state.
Source:
SL 1974, ch 21, §1; SL 1980, ch 12, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-1.1 - Definition of terms.

1-19B-1.1. Definition of terms.
Terms used in this chapter have the same meaning as defined in §1-19A-2.
Source:
SL 2011, ch 9, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-2 - County and municipal historic preservation commissions--Purpose.

1-19B-2. County and municipal historic preservation commissions--Purpose.
The governing body of any county or municipality may establish an historic preservation commission, to preserve, promote, and develop the historical resources of such county or municipality in accordance with the provisions of this chapter.
Source:
SL 1974, ch 21, §2; SL 2009, ch 1, §70.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-3 - Members of preservation commission--Terms of office--Residence.

1-19B-3. Members of preservation commission--Terms of office--Residence.
The Historic Preservation Commission shall consist of not less than five nor more than ten members, who shall be appointed by the governing body with due regard to proper representation of such fields as history, architecture, urban planning, archaeology, paleontology, and law. Each member of the commission shall serve for terms not to exceed three years, being eligible for reappointment as shall be specified by the governing body. Any residency requirement shall be as specified by the governing body.
Source:
SL 1974, ch 21, §2; SL 1980, ch 12, §5; SL 2015, ch 9, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-5 - Annual special purpose tax levy--Approval by voters required.

1-19B-5. Annual special purpose tax levy--Approval by voters required.
To achieve the purposes of this chapter, the governing body of any county or municipality may levy annual taxes therefor as a special purpose, in addition to any allowed by the Constitution of the State of South Dakota. No tax shall be levied for the purposes of this chapter unless it shall have been first approved by the qualified voters of the county or municipality.
Source:
SL 1974, ch 21, §22.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-6 - Revenue bonds authorized.

1-19B-6. Revenue bonds authorized.
To achieve the purposes of this chapter, the governing body of any county or municipality may issue revenue bonds in accordance with chapter 9-40.
Source:
SL 1974, ch 21, §23; SL 1984, ch 43, §59.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-7 - Appropriations for operating expenses and acquisition and management of historic properties.

1-19B-7. Appropriations for operating expenses and acquisition and management of historic properties.
The governing board of a county or municipality is authorized to make appropriations to an historic preservation commission established pursuant to this chapter in any amount that it may determine necessary for the expenses of the operation of the commission, and may make available any additional amounts necessary for the acquisition, restoration, preservation, operation, and management of historic properties.
Source:
SL 1974, ch 21, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-8 - Survey of local historic properties--Standards and criteria.

1-19B-8. Survey of local historic properties--Standards and criteria.
Any county or municipal historic preservation commission established pursuant to this chapter may conduct a survey of local historic properties, complying with all applicable standards and criteria of the statewide survey undertaken by the South Dakota State Historical Society of the Department of Education.
Source:
SL 1974, ch 21, §3 (1); SL 2003, ch 272 (Ex. Ord. 03-1), §80; SL 2009, ch 1, §71; SL 2011, ch 1 (Ex. Ord. 11-1), §91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), §§19, 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-9 - Entry on private lands for survey--Consent required to enter building.

1-19B-9. Entry on private lands for survey--Consent required to enter building.
Any county or municipal historic preservation commission established pursuant to this chapter may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey. However, no member, employee, or agent of the commission may enter any private building or structure without the express consent of the owner or occupant.
Source:
SL 1974, ch 21, §3 (10); SL 2009, ch 1, §72.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-10 - Participation in local planning processes.

1-19B-10. Participation in local planning processes.
Any county or municipal historic preservation commission established pursuant to this chapter may participate in the conduct of land-use, urban renewal, and other planning processes undertaken by the county or municipality.
Source:
SL 1974, ch 21, §3 (7); SL 2009, ch 1, §73.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-11 - Cooperation with governmental agencies.

1-19B-11. Cooperation with governmental agencies.
Any county or municipal historic preservation commission established pursuant to this chapter may cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation.
Source:
SL 1974, ch 21, §3 (6); SL 2009, ch 1, §74.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-12 - Contractual powers of preservation commission.

1-19B-12. Contractual powers of preservation commission.
Any county or municipal historic preservation commission established pursuant to this chapter may contract, with the approval of the local governing body, with the state or the federal government, or any agency of either, or with any other organization.
Source:
SL 1974, ch 21, §3 (5); SL 2009, ch 1, §75.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-13 - Acquisition of historic properties.

1-19B-13. Acquisition of historic properties.
Any county or municipal historic preservation commission established pursuant to this chapter may acquire fee or lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest, or donation.
Source:
SL 1974, ch 21, §3 (2); SL 2009, ch 1, §76.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-14 - Title to property acquired--Supervision and control.

1-19B-14. Title to property acquired--Supervision and control.
All lands, buildings, structures, sites, areas, or objects acquired by funds appropriated by a county or municipality shall be acquired in the name of the county or municipality unless otherwise provided by the governing board. So long as owned by the county or municipality, historic properties may be maintained by or under the supervision and control of the county or municipality. However, all lands, buildings, or structures acquired by an historic preservation commission from funds other than those appropriated by a county or municipality may be acquired and held in the name of the Historic Preservation Commission, the county or municipality, or both.
Source:
SL 1974, ch 21, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-15 - Maintenance and operation of historic properties.

1-19B-15. Maintenance and operation of historic properties.
Any county or municipal historic preservation commission established pursuant to this chapter may preserve, restore, maintain, and operate historic properties under the ownership or control of the commission.
Source:
SL 1974, ch 21, §3 (3); SL 2009, ch 1, §77.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-16 - Acquisition of historical easements.

1-19B-16. Acquisition of historical easements.
Any county or municipality may acquire, by purchase, donation, or condemnation, historic easements in any area within its respective jurisdiction wherever and to the extent that the governing body of the county or municipality determines the acquisition to be in the public interest. For the purpose of this section, the term, historic easement, means any easement, restriction, covenant, or condition running with the land, designated to preserve, maintain, or enhance all or part of the existing state of places of historical, architectural, archaeological, paleontological, or cultural significance.
Source:
SL 1974, ch 21, §14; SL 1980, ch 12, §6; SL 2009, ch 1, §78.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-18 - Educational and interpretive programs.

1-19B-18. Educational and interpretive programs.
Any county or municipal historic preservation commission established pursuant to this chapter may promote and conduct an educational and interpretive program on historic properties within its jurisdiction.
Source:
SL 1974, ch 21, §3 (9); SL 2009, ch 1, §80.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-19 - Recommendations and information to governing body.

1-19B-19. Recommendations and information to governing body.
Any county or municipal historic preservation commission established pursuant to this chapter may recommend ordinances and otherwise provide information for the purposes of historic preservation to the county or municipal governing body.
Source:
SL 1974, ch 21, §3 (8); SL 2009, ch 1, §81.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-20 - Ordinances designating historic properties--Criteria--Procedure.

1-19B-20. Ordinances designating historic properties--Criteria--Procedure.
The local governing body of any county or municipality may adopt an ordinance designating one or more historic properties on the following criteria: historical, architectural, archaeological, and cultural significance; suitability for preservation or restoration; educational value; cost of acquisition, restoration, maintenance, operation, or repair; possibilities for adaptive or alternative use of the property; appraised value; and the administrative and financial responsibility of any person or organization willing to underwrite all or a portion of such costs. In order for any historic property to be designated in the ordinance, it must in addition meet the criteria established for inclusion of the property in the state register of historic places established pursuant to chapter 1-19A. No ordinance designating an historic property pursuant to this section may be adopted until the procedural steps set forth in §§1-19B-21 to 1-19B-24, inclusive, have been taken.
Source:
SL 1974, ch 21, §§15, 16.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-21 - Investigation and report before designation of historic property.

1-19B-21. Investigation and report before designation of historic property.
Before an ordinance designating an historic property is adopted pursuant to §1-19B-20, the local historic preservation commission shall make an investigation and report on the historical, architectural, archaeological, or cultural significance of the property in question.
Source:
SL 1974, ch 21, §16 (1).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-22 - Hearing on designation of historic property--Notice.

1-19B-22. Hearing on designation of historic property--Notice.
Before an ordinance designating an historic property is adopted pursuant to §1-19B-20, the local governing body shall hold a public hearing on the proposed ordinance, after giving sufficient written notice to the owners and occupants of the property and posting public notice in its normal manner.
Source:
SL 1974, ch 21, §16 (2).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-23 - Ordinance enforcing waiting period--Posting of sign.

1-19B-23. Ordinance enforcing waiting period--Posting of sign.
For each designated historic property, an ordinance adopted pursuant to §§1-19B-20 to 1-19B-24, inclusive, shall require that the waiting period set forth in §1-19B-27 be observed prior to its demolition, material alteration, remodeling, or removal. The ordinance shall also provide for a suitable sign or marker on or near the property indicating that the property has been so designated.
Source:
SL 1974, ch 21, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-24 - Notification to owners of historic property designated--Filing of ordinance.

1-19B-24. Notification to owners of historic property designated--Filing of ordinance.
Upon adoption of an ordinance pursuant to §1-19B-20, the owners and occupants of each designated historic property shall be given written notification of such designation by the local governing body. One copy of the ordinance shall be filed by the local historic preservation commission in the office of the register of deeds for the county in which the property is located.
Source:
SL 1974, ch 21, §16 (3).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-25 - Notice to director of equalization of designation of historic property--Consideration in appraisal.

1-19B-25. Notice to director of equalization of designation of historic property--Consideration in appraisal.
Upon the adoption of an ordinance designating an historic property pursuant to §1-19B-20 or if the property is designated an historic property by the Department of Interior or the national park service, the local historic preservation commission shall give notice of such designation to the director of equalization of the county in which the property is located. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the director of equalization in appraising it for tax purposes.
Source:
SL 1974, ch 21, §16(4); SL 1987, ch 19, §3; SL 1989, ch 82, §41.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-26 - Transfer by owners of development rights in historic properties.

1-19B-26. Transfer by owners of development rights in historic properties.
Any county or municipal governing body may establish procedures authorizing owners of designated historic properties to transfer development rights in such amounts and subject to such conditions as the governing body may determine. For the purposes of this section, development rights are the rights granted under applicable local law respecting the permissible bulk and size of any improvements to be erected.
Source:
SL 1974, ch 21, §21; SL 2009, ch 1, §82.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-27 - Notice by owner before demolition or alteration of historic property--Waiting period--Negotiations by commission.

1-19B-27. Notice by owner before demolition or alteration of historic property--Waiting period--Negotiations by commission.
An historic property designated by ordinance as herein provided may be demolished, materially altered, remodeled, relocated, or put to a different use only after one hundred eighty days' written notice of the owner's proposed action has been given to the local historic preservation commission. During this period, the commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property.
Source:
SL 1974, ch 21, §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-28 - Negotiations during waiting period for acquisition of historic property.

1-19B-28. Negotiations during waiting period for acquisition of historic property.
During the waiting period required by §1-19B-27, or at any time prior thereto following notice of designation to the owner as provided in §1-19B-24 and where such action is reasonably necessary or appropriate for the continued preservation of the property, the Historic Preservation Commission may enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise of the property or any interest therein.
Source:
SL 1974, ch 21, §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-29 - Waiver of waiting period when preservation of character of property ensured.

1-19B-29. Waiver of waiting period when preservation of character of property ensured.
The Historic Preservation Commission may waive all or any portion of the waiting period required by §1-19B-27. However, the alteration, remodeling, relocation, or change of use shall be undertaken subject to conditions agreed to by the commission ensuring the continued maintenance of the historical, architectural, archaeological, or cultural integrity and character of the property.
Source:
SL 1974, ch 21, §17; SL 2009, ch 1, §83.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-30 - Reduction of waiting period for extreme hardship.

1-19B-30. Reduction of waiting period for extreme hardship.
The Historic Preservation Commission may reduce the waiting period required by §1-19B-27 in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed.
Source:
SL 1974, ch 21, §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-31 - Ordinary maintenance and repairs not prohibited--Changes required for public safety.

1-19B-31. Ordinary maintenance and repairs not prohibited--Changes required for public safety.
Nothing in this chapter prevents the ordinary maintenance or repair of any exterior feature in or on an historic property that does not involve a change in design, material, or outer appearance, nor prevents the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature if a building inspector or similar official certifies to the Historic Preservation Commission that such action is required for the public safety because of an unsafe or dangerous condition.
Source:
SL 1974, ch 21, §18; SL 2009, ch 1, §84.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-32 - Establishment of district study committee authorized.

1-19B-32. Establishment of district study committee authorized.
An historic district study committee may be established as provided by §1-19B-33 for the purpose of making an investigation of a proposed historic district.
Source:
SL 1974, ch 21, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-33 - Composition of district study committee--Residence of members.

1-19B-33. Composition of district study committee--Residence of members.
A committee established pursuant to §1-19B-32 shall consist of not less than three nor more than seven members appointed by the local governing body with due regard to proper representation of fields such as history, architecture, architectural history, urban planning, archaeology, paleontology, and law. If possible, the members shall be selected from residents of the proposed district.
Source:
SL 1974, ch 21, §8; SL 1980, ch 12, §7; SL 2009, ch 1, §85.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-34 - Investigations by district study committee--Criteria.

1-19B-34. Investigations by district study committee--Criteria.
An historic district study committee, established pursuant to §1-19B-32, shall make an investigation of the historical, architectural, archaeological, paleontological, and cultural significance of the buildings, structures, sites, or surroundings included as any proposed historic district. The committee's investigation and recommendations shall comply with the criteria adopted by the State Historical Society Board of Trustees pursuant to chapter 1-19A.
Source:
SL 1974, ch 21, §7 (1); SL 1980, ch 12, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-35 - Report of findings by district study committee.

1-19B-35. Report of findings by district study committee.
The historic district study committee shall report its findings to the local planning board, the local historic preservation commission, and the State Historical Society Board of Trustees for their consideration and recommendations.
Source:
SL 1974, ch 21, §7 (1).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-36 - Hearing on establishment of historic district--Notice to property owners.

1-19B-36. Hearing on establishment of historic district--Notice to property owners.
Sixty days after transmittal of its findings pursuant to §1-19B-35 the historic district study committee shall hold a public hearing thereon after due notice, which shall include written notice, postage prepaid, to the owners of all properties to be included in any proposed historic district.
Source:
SL 1974, ch 21, §7 (2).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-37 - Final recommendations by study committee--Draft ordinance.

1-19B-37. Final recommendations by study committee--Draft ordinance.
An historic district study committee shall submit a final report with its recommendations and a draft of a proposed ordinance to the county or municipal governing body.
Source:
SL 1974, ch 21, §7 (3).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-38 - Establishment of historic district by ordinance--Commission required.

1-19B-38. Establishment of historic district by ordinance--Commission required.
A county or municipality may, after meeting the requirements of §§1-19B-34 to 1-19B-37, inclusive, establish by ordinance one or more historic districts within the area of its jurisdiction. Whenever an historic district is established, an historic district commission shall be established.
Source:
SL 1974, ch 21, §§7, 8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-39 - Amendment of historic district ordinance--Studies and reports.

1-19B-39. Amendment of historic district ordinance--Studies and reports.
Any ordinance adopted pursuant to §1-19B-38 may, from time to time, be amended in the same manner except that the historic district commission established as provided in §1-19B-38 shall study such proposed amendments and report thereon as required under §§1-19B-34 to 1-19B-37, inclusive.
Source:
SL 1974, ch 21, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-40 - Composition of district commission--Residence of members--Terms of office--Chair and vice chair.

1-19B-40. Composition of district commission--Residence of members--Terms of office--Chair and vice chair.
An historic district commission established pursuant to §1-19B-38 shall consist of not less than three nor more than seven members appointed by the local governing body with due regard to proper representation of fields such as history, architecture, architectural history, urban planning, archaeology, paleontology, and law. If possible, the members shall be selected from residents of the proposed district. The appointments to membership on the commission shall be so arranged that the term of at least one member will expire each year, and any successor shall be appointed in like manner for a term of three years. The commission shall elect annually a chair and vice chair from its membership.
Source:
SL 1974, ch 21, §8; SL 1980, ch 12, §9; SL 2009, ch 1, §86.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-41 - Promulgation of regulations--Personnel--Gifts.

1-19B-41. Promulgation of regulations--Personnel--Gifts.
An historic district commission established pursuant to §1-19B-38 may adopt regulations not inconsistent with the provisions of this chapter, and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept and expend gifts of money for such purposes.
Source:
SL 1974, ch 21, §8; SL 2009, ch 1, §87.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-42 - Certificate of appropriateness required for exterior alterations in historic district.

1-19B-42. Certificate of appropriateness required for exterior alterations in historic district.
After the designation of an historic district, no exterior portion of any building or other structure (including walls, fences, light fixtures, steps, and pavement, or other appurtenant features) nor above-ground utility structure nor any type of outdoor advertising sign may be erected, altered, restored, moved, or demolished within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic District Commission. The municipality shall require such a certificate to be issued by the commission prior to the issuance of a building permit or other permit granted for purposes of constructing or altering structures. A certificate of appropriateness is required whether or not a building permit is required.
Source:
SL 1974, ch 21, §9; SL 2009, ch 1, §88.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-43 - Exterior features defined.

1-19B-43. Exterior features defined.
For purposes of this chapter, the phrase, exterior features, includes the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the color, the kind and texture of the building material, and the type and style of all windows, doors, light fixtures, signs, other appurtenant fixtures, and natural features such as trees and shrubbery. In the case of outdoor advertising signs, the term, exterior features, means the style, material, size, and location of all such signs.
Source:
SL 1974, ch 21, §9; SL 2009, ch 1, §89.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-44 - Interior arrangement not subject to control--Restriction on commission activities.

1-19B-44. Interior arrangement not subject to control--Restriction on commission activities.
The Historic District Commission may not consider interior arrangement and may take no action under §1-19B-42 except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or natural features in the historic district which would be incongruous with the historical, architectural, archaeological, or cultural aspects of the district.
Source:
SL 1974, ch 21, §9; SL 2009, ch 1, §90.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-45 - Certificate of appropriateness required for change in use within historic district--Prerequisite to zoning change.

1-19B-45. Certificate of appropriateness required for change in use within historic district--Prerequisite to zoning change.
No change in the use of any structure or property within a designated historic district is permitted until after an application for a certificate of appropriateness has been submitted to and approved by the Historic District Commission. The county or municipality shall require such a certificate to be issued by the commission prior to the approval of any change of zoning classification within the historic district.
Source:
SL 1974, ch 21, §10; SL 2009, ch 1, §91.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-46 - Certificate issued in case of extreme hardship.

1-19B-46. Certificate issued in case of extreme hardship.
The Historic District Commission may approve an application for a certificate of appropriateness in any case in which the owner would suffer extreme hardship, not including loss of profit, unless the certificate of appropriateness were issued forthwith.
Source:
SL 1974, ch 21, §11; SL 2009, ch 1, §92.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-47 - Notice and hearing before action on certificate of appropriateness.

1-19B-47. Notice and hearing before action on certificate of appropriateness.
Prior to issuance or denial of a certificate of appropriateness the historic district commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard. In cases in which the commission deems it necessary, it may hold a public hearing concerning the application.
Source:
SL 1974, ch 21, §11; SL 2009, ch 1, §93.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-48 - Issuance of certificate when proposed change appropriate.

1-19B-48. Issuance of certificate when proposed change appropriate.
If the Historic District Commission determines that the proposed construction, reconstruction, alteration, moving, or demolition is appropriate, it shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness.
Source:
SL 1974, ch 21, §11.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-49 - Denial of certificate--Reasons recorded--Notice to applicant.

1-19B-49. Denial of certificate--Reasons recorded--Notice to applicant.
If the Historic District Commission determines that a certificate of appropriateness should not be issued, the commission shall place upon its records the reasons for such determination and shall forthwith notify the applicant of such determination, furnishing the applicant an attested copy of its reasons therefor and its recommendations, if any, as appearing in the records of the commission.
Source:
SL 1974, ch 21, §11; SL 2009, ch 1, §94.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-50 - Appeal to circuit court by applicant for certificate.

1-19B-50. Appeal to circuit court by applicant for certificate.
Any applicant aggrieved by a determination of the Historic District Commission may appeal to the circuit court for the county in which the land concerned is situated.
Source:
SL 1974, ch 21, §11.