reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-6 - Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.

11-3-6. Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.
The provisions of this chapter apply to every addition to, or subdivision within, any county, municipality, or unincorporated town. If the land or any part of the land included in any addition or subdivision is within, adjoining, or contiguous to the boundaries of any municipality, the plat, before being recorded, shall be submitted to the governing body or, if applicable, the planning director of the municipality. If it appears that the system of streets set forth therein conforms to the system of streets of the existing plats of the municipality, that all provisions of any subdivision regulations have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid, and that such plat and the survey thereof have been executed according to law, the governing body shall, by resolution, approve the plat. The governing body may by resolution designate an administrative official of the municipality to approve plats in lieu of approval by the governing body. The auditor or finance officer shall endorse on the face of the plat a copy of the resolution or the designated administrative official's approval and certify to the same. No plat of any such addition or subdivision so situated may be recorded unless the plat bears on its face a copy of the resolution or approval and certificate of the auditor or finance officer. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the governing body.
Source:
SDC 1939, §45.2806; SL 1959, ch 272, §2; SL 1979, ch 93, §7; SL 1997, ch 74, §1; SL 2006, ch 64, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-7 - Naming of additions and subdivisions.

11-3-7.Naming of additions and subdivisions.
Every addition or subdivision within a county, municipality or unincorporated town shall be named as follows, to wit: ____ Addition (or Subdivision) to the municipality (or unincorporated town) of ____ or ____ Addition (or Subdivision) in the ____ quarter, Section ____, T ____, R ____, ____ of the ____ P.M. in the county of ____, except that Sections ____, T ____, R ____, ____ of the P. M. shall not be required when such addition or subdivision is located within the boundaries of an incorporated municipality. No plat which does not comply with this section shall be entitled to record or be recorded.
Source:
SDC 1939, §45.2806 as added by SL 1967, ch 224, §2; SL 1973, ch 66; SL 1979, ch 93, §8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-8 - County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial.

11-3-8. County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial.
If any person wishes to plat any lands lying outside the boundaries of a municipality, the person shall be governed by this chapter. Before recording the person's plat in accordance with §11-3-6, the person shall submit the plat to the board of county commissioners of the county wherein such lands are situated. The approval of the board of county commissioners pursuant to this section may not be required for a plat as specified in §11-6-26. The board of county commissioners shall examine the same. The board of county commissioners shall by resolution, approve the plat, and the auditor shall endorse on the plat a copy of the resolution and certify to the same if it appears that the system of streets conforms to the system of streets of existing plats and section lines of the county, that adequate provision is made for access to adjacent unplatted lands by public dedication or section line when physically accessible, that all provisions of any subdivision regulations of the county have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid and that the plat and the survey of the land have been lawfully executed. The board of county commissioners may by resolution designate an administrative official of the county to approve plats in lieu of approval by the board of county commissioners. No plat of any addition or subdivision, so situated, is entitled to record or may be recorded unless the plat bears a copy of the resolution or approval and certificate of the auditor. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the board of county commissioners.
Source:
SDC 1939, §45.2806 as added by SL 1959, ch 272, §2; SDC Supp 1960, §45.2806-1; SL 1979, ch 93, §9; SL 1997, ch 74, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-8.1 - Protection of water from subdivision sewage.

11-3-8.1. Protection of water from subdivision sewage.
No board of county commissioners may accept a plat for any new subdivision or a change in any plat for an enlargement of any existing subdivision which is adjacent to or includes any of the waters of the state within such county unless such plat includes provisions that are binding upon the developer of such subdivision which protects such body of water from pollution from sewage from such subdivision.
Source:
SL 1992, ch 106, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-8.2 - Liability of developer for sewage pollution.

11-3-8.2. Liability of developer for sewage pollution.
The developer of any plat approved pursuant to §11-3-8.1 shall be liable for the execution of the provisions required by §11-3-8.1 to protect such water from pollution and shall be liable for any pollution that occurs for failure to execute such provisions.
Source:
SL 1992, ch 106, §2A.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-9 - Director of equalization to receive copy of plat--Treasurer's certificate of tax payment to be attached.

11-3-9. Director of equalization to receive copy of plat--Treasurer's certificate of tax payment to be attached.
Plats specified in §§11-3-6 and 11-3-8 shall not be entitled to record or be recorded unless the same bear a copy of the certificate of the county director of equalization that he has received a copy of such plat. There shall also be endorsed thereon or attached to every plat provided for in this chapter the certificate of the county treasurer that all taxes which are liens upon any land included in such plat, as shown by the records of his office, have been fully paid. No such plat shall be recorded until all the provisions of this section have been fully complied with.
Source:
PolC 1877, ch 26, §4; CL 1887, §1098; RPolC 1903, §1493; SL 1913, ch 342; RC 1919, §6540; SDC 1939, §45.2804; SL 1959, ch 272, §3; SDC Supp 1960, §45.2806-2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-10 - Sizes of plats filed with register--Materials used.

11-3-10. Sizes of plats filed with register--Materials used.
Each plat filed with the register of deeds shall be fifteen by twenty-six inches, eleven by seventeen inches, or eight and one-half by fourteen inches. Each plat shall be drawn on drafting linen, matte film, or mylar, with waterproof black ink and each signature shall be made with permanent ink. No other plat may be recorded.
Source:
SDC 1939, §45.2804 as enacted by SL 1967, ch 224, §1; SL 1970, ch 85; SL 1979, ch 93, §10; SL 2001, ch 63, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-11 - Register's recording fee--Acceptance by governing body required.

11-3-11. Register's recording fee--Acceptance by governing body required.
The register of deeds of the county recording any plat shall receive the sum of sixty dollars. The plat shall first be examined and accepted by the authorized governing body.
Source:
PolC 1877, ch 26, §8; CL 1887, §1102; RPolC 1903, §1496; SL 1907, ch 238, §1; RC 1919, §6543; SDC 1939, §45.2807; SL 1974, ch 110; SL 1979, ch 93, §11; SL 1992, ch 103, §1; SL 2012, ch 51, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-12 - Recorded plat as conveyance of dedications and grants marked on plat--General warranty--Use of land intended for streets and other public uses--Opening, improvement or maintenance not required.

11-3-12. Recorded plat as conveyance of dedications and grants marked on plat--General warranty--Use of land intended for streets and other public uses--Opening, improvement or maintenance not required.
When the plat or map shall have been made out, certified, acknowledged, and recorded as provided in this chapter, every donation or grant to the public, or any individual, religious society, corporation, or body politic, marked or noted as such on such plat or map, shall be deemed a sufficient conveyance to vest the fee simple title of all such parcel or parcels of land as are therein expressed, and shall be considered to all intents and purposes a general warranty against the donor, his heirs, and representatives, to the donee or grantee, his heirs or representatives, for the uses and purposes therein expressed and intended, and no other use and purpose whatever. The land intended to be used for the streets, alleys, ways, commons, or other public uses shall be held in trust to and for the uses and purposes expressed or intended. No governing body shall be required to open, improve, or maintain any such dedicated streets, alleys, ways, commons, or other public ground solely by virtue of having approved a plat or having partially accepted any such dedication, donation or grant.
Source:
PolC 1877, ch 26, §5; CL 1887, §1099; RPolC 1903, §1494; RC 1919, §6541; SDC 1939, §45.2805; SL 1980, ch 107.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-12.1 - Approval of access to street or highway prerequisite to filing plat.

11-3-12.1. Approval of access to street or highway prerequisite to filing plat.
The owner of any parcel of land proposing to develop such land for residential or commercial purposes shall obtain written approval of the proposed access to an abutting highway or street from the appropriate highway or street authority. The approval shall be obtained prior to filing of the plat in accordance with this chapter and may not replace the need for any permits required by law.
Source:
SL 1981, ch 118.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-12.2 - Promulgation of rules for approval of access to state highways.

11-3-12.2. Promulgation of rules for approval of access to state highways.
The Transportation Commission may adopt rules, pursuant to chapter 1-26, governing the following elements in granting written approval for access to state highways as provided for in §§11-3-12.1 and 31-24-6:
(1)Access location, width, and spacing;
(2)Signal spacing;
(3)Median design;
(4)Access application process;
(5)Access construction standards; and
(6)Safety.
Nothing in the rules promulgated pursuant to this section supersedes county or municipal planning and zoning authority.
Source:
SL 2000, ch 70, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-16 - Vacation of plat before sale of lots--Recording of instrument--Vacation by joinder of owners of lots sold.

11-3-16. Vacation of plat before sale of lots--Recording of instrument--Vacation by joinder of owners of lots sold.
Any plat of any municipality or improvement district, or addition thereto, or any subdivision of land therein, may be vacated by the proprietor at any time before the sale of any lots therein, by a written instrument declaring the plat to be vacated, duly executed, acknowledged, or proved, and recorded in the office with the plat to be vacated. The executing and recording of such writing shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, commons, and public grounds laid out as described in such plat. The register of deeds shall notify the affected municipality or improvement district of the vacation within ten days of filing for a vacation of a plat.
If any lots have been sold, the plat may be vacated by all the owners of lots in such plat joining in the execution of the writing aforesaid.
Source:
SL 1887, ch 109, §1; CL 1887, §1109; RPolC 1903, §1503; RC 1919, §6550; SDC 1939, §45.2811; SL 1990, ch 101; SL 1993, ch 106, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-17 - Vacation of part of plat--Closing of public highways not authorized--Inclosure of public grounds adjoining lots.

11-3-17. Vacation of part of plat--Closing of public highways not authorized--Inclosure of public grounds adjoining lots.
Any part of a plat may be vacated under the provisions and subject to the conditions of this chapter if such does not abridge or destroy any of the rights and privileges of other proprietors in such plat.
Nothing contained in this section shall authorize the closing or obstructing of any public highways laid out according to law.
When any part of a plat shall be vacated as aforesaid, the proprietors of the lots so vacated may inclose the streets, alleys, and public grounds adjoining such lots in equal proportion.
Source:
SL 1887, ch 109, §§2, 3; CL 1887, §§1110, 1111; RPolC 1903, §§1504, 1505; RC 1919, §§6551, 6552; SDC 1939, §45.2812.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-18 - Register of deeds to mark vacated plat--Reference to instrument of vacation.

11-3-18. Register of deeds to mark vacated plat--Reference to instrument of vacation.
The register of deeds in whose office the plats aforesaid are recorded shall write in plain, legible letters across that part of the plat so vacated the word "vacated," and also make a reference on the plat to the volume and page in which the instrument of vacation is recorded.
Source:
SL 1887, ch 109, §4; CL 1887, §1112; RPolC 1903, §1506; RC 1919, §6553; SDC 1939, §45.2813.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-19 - Validation of prior vacations by instrument--Deadline for enforcing rights--Notice of pendency.

11-3-19. Validation of prior vacations by instrument--Deadline for enforcing rights--Notice of pendency.
Any proceedings conducted before January 1, 1993, for the vacation of any plat, or any portion or part thereof, which plat was laid out pursuant to this chapter, whether the land included in the plat, or any portion or part thereof, is or was, at the time of the proceedings for vacation of the plat, or any portion or part thereof, within or without the boundaries of a municipality or improvement district, and which plat, or any portion or part thereof has, before January 1, 1993, in the proceedings, been vacated in accordance with §11-3-16 or 11-3-17 is hereby declared to be, and to have been, a valid vacation of the plat, or any portion or part thereof, and the proprietors of the lots so vacated may inclose the streets, alleyways, common easements, and public grounds adjoining such vacated lots, and all public rights thereto divested.
If any person has any vested right in any property by reason of any plat vacation referred to in this section, if no action or proceeding to enforce such right was commenced prior to July 1, 1995, such right shall be forever barred. No action or proceeding so brought is of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1995, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source:
SL 1964, ch 230, §1; SL 1980, ch 109; SL 1993, ch 106, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-20 - General procedure for vacation of plats--Supplemental to vacation by instrument.

11-3-20. General procedure for vacation of plats--Supplemental to vacation by instrument.
Sections 11-3-20.1, 11-3-20.2, 11-3-21.1, 11-3-22.1, 11-3-23.1, and 11-3-24.1, are prescribed as the procedures to be followed for the vacation of part or all of any recorded plat of the State of South Dakota. Said sections are intended as supplemental to §11-3-16 and only direct the procedure to be followed where and when the facts and conditions, at the time of vacation, are other than as specifically set forth in §11-3-16.
Source:
SL 1947, ch 212; SL 1953, ch 266, §1; SDC Supp 1960, §45.2815 (6); SL 1974, ch 109, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-20.1 - Vacation procedure within planning commission jurisdiction.

11-3-20.1. Vacation procedure within planning commission jurisdiction.
If a plat sought to be vacated lies within the platting jurisdiction of a municipality or county which has in existence a statutory planning commission, said plat may be vacated pursuant to the procedures outlined in §§11-3-20.2 to 11-3-20.4, inclusive.
Source:
SL 1974, ch 109, §3; SL 1979, ch 93, §12.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-20.2 - New plat vacating prior plats--References to prior plats.

11-3-20.2. New plat vacating prior plats--References to prior plats.
The new plat shall specifically describe all previous plats sought to be vacated including the book and page or document number of all existing plats in the register of deeds office. The new plat shall specifically state that all previous plats so listed are to be vacated in whole or in part. The new plat shall comply with the public highway provisions of §11-3-17.
Source:
SL 1974, ch 109, §4; SL 1979, ch 93, §13.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-20.3 - Information required for vacation and replatting.

11-3-20.3. Information required for vacation and replatting.
Upon receipt of a plat, as described in §11-3-20.2, by the planning commission of any municipality or county, the planning commission shall require that the person seeking the vacation and replat provide the following information:
(1)The names and addresses of the record owner of the plat or part thereof sought to be vacated and the names and addresses of the record owners of property adjacent to or solely served by any streets, if any, included in the plat to be vacated,
(2)The legal description of the same,
(3)The names of the legal voters, residing upon the same,
(4)The character and use of the same,
(5)A description of any public highway located there,
(6)Any other facts pertinent to the application, including any facts necessary by municipal or county ordinance for the recordation of any plat.
Source:
SL 1974, ch 109, §5; SL 1979, ch 93, §14.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-20.4 - Recording of new plat on approval--Vacation of prior plats.

11-3-20.4. Recording of new plat on approval--Vacation of prior plats.
Upon approval of the final plat, submitted under the provisions of §11-3-20.1 or 11-3-20.2, by the governing body of the municipality or county, said plat shall be filed in the office of the register of deeds of the county wherein the property is located. The register of deeds shall record said plat and shall vacate all previous plats in the same manner as prescribed by §11-3-18.
Source:
SL 1974, ch 109, §6; SL 1979, ch 93, §15.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-21.1 - Filing of petition for vacation of plat--Contents.

11-3-21.1. Filing of petition for vacation of plat--Contents.
Any person interested in the vacation of part or all of any recorded plat that lies outside a municipality may file a petition in the office of the county auditor for the county where the platted property is situated containing:
(1)The names and addresses of the record owner of the plat or part thereof sought to be vacated;
(2)The legal description of the plat;
(3)The names of the legal voters residing upon the plat;
(4)The character and use of the plat;
(5)A description of any public highway located there;
(6)Any other facts pertinent to the application.
Source:
SL 1988, ch 128, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-22.1 - Setting of time and place for hearing on petition--Notice by publication.

11-3-22.1. Setting of time and place for hearing on petition--Notice by publication.
The board of county commissioners shall set a time and place for a hearing on a petition filed pursuant to §11-3-21.1. The hearing shall be held within thirty days of when the petition is filed. The board shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the county.
Source:
SL 1988, ch 128, §2; SL 1999, ch 65, §9.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-23.1 - Grant of petition by board of county commissioners--Payment of property taxes.

11-3-23.1. Grant of petition by board of county commissioners--Payment of property taxes.
If after the hearing required by §11-3-22.1, the board of county commissioners determines that the granting of the petition will not abridge or destroy any of the rights and privileges of other proprietors of such plat and will not authorize the closing or obstruction of any public highway laid out according to law, it may vacate the plat specified in the petition. All property taxes on such plat shall be paid before it may be vacated.
Source:
SL 1988, ch 128, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-24.1 - Filing and recording of decision.

11-3-24.1. Filing and recording of decision.
The board of county commissioners shall file a certified copy of their decision in the office of the register of deeds. The register of deeds shall record such decision pursuant to §11-3-18.
Source:
SL 1988, ch 128, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-26 - Replatting after vacation of plat.

11-3-26. Replatting after vacation of plat.
The owner of any land within any plat vacated pursuant to this chapter may cause the same to be again platted in the manner provided for the original platting of townsites, additions, and subdivisions.
Source:
SL 1887, ch 109, §5; CL 1887, §1113; RPolC 1903, §1507; RC 1919, §6554; SDC 1939, §45.2814.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-1 - Regulatory powers of municipality.

11-4-1. Regulatory powers of municipality.
For the purpose of promoting health, safety, or the general welfare of the community the governing body of any municipality may regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of the yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, flood plain, or other purposes. A municipality may enter into an agreement with any landowner specifying the conditions under which the landowner's property may be developed.
Source:
SDC 1939, §45.2601; SL 1974, ch 111; SL 1982, ch 55, §2; SL 2000, ch 69, §53; SL 2004, ch 102, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-1.1 - Definition of terms.

11-4-1.1. Definition of terms.
The definitions set forth in §§11-6-1 and 11-2-1.1 are applicable to this chapter.
Source:
SL 1975, ch 114, §1; SL 2021, ch 55, § 1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-2 - Division of municipality into districts--District regulations--Uniformity within district.

11-4-2. Division of municipality into districts--District regulations--Uniformity within district.
For any or all of said purposes the governing body may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter; and within such 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.
Source:
SL 1927, ch 176, §2; SDC 1939, §45.2602.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-3 - Comprehensive plan required--Purposes of plan--Factors considered in regulations.

11-4-3. Comprehensive plan required--Purposes of plan--Factors considered in regulations.
Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Such regulations shall be made with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.
Source:
SL 1927, ch 176, §3; SDC 1939, §45.2603.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-3.1 - Temporary zoning ordinance--Adoption--Purpose--Hearing and notice--Duration and renewal.

11-4-3.1. Temporary zoning ordinance--Adoption--Purpose--Hearing and notice--Duration and renewal.
If a municipality is conducting or in good faith intends to conduct studies within a reasonable time or has held or is holding a hearing for the purpose of considering a comprehensive plan, the city council in order to protect the public health, safety, and general welfare may adopt as emergency measures a temporary zoning ordinance and map, and a temporary subdivision ordinance, the purposes of which are to classify and regulate uses and related matters as constitutes the emergency. Before adoption or renewal of the emergency measure, the council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the municipality. Any emergency ordinance is limited to one year from the date it becomes effective and may be renewed for one year. In no case may the ordinance be in effect for more than two years.
Source:
SL 1975, ch 114, §2; SL 1999, ch 65, §10; SL 2000, ch 69, §54.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-4 - Notice and hearing of proposed zoning ordinance required.

11-4-4. Notice and hearing of proposed zoning ordinance required.
The governing body may adopt a zoning ordinance. Before adoption or renewal of the ordinance, the council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the municipality. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment.
Source:
SDC 1939, §45.2604; SL 1949, ch 192; SL 1972, ch 72, §2; SL 1982, ch 60, §9; SL 1999, ch 65, §11; SL 2000, ch 69, §55.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-4.1 - Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request.

11-4-4.1. Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request.
A municipal zoning ordinance adopted pursuant to this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring such approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying property for approval of certain conditional uses. The approving authority shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and the relevant zoning districts when making a decision to approve or disapprove a conditional use request. Approval of a conditional use request requires the affirmative majority vote of the members of the approving authority who are present and voting.
Source:
SL 2004, ch 103, §1; SL 2015, ch 72, §7; SL 2021, ch 55, § 2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-4.2 - Conditional use defined.

11-4-4.2. 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 §11-4-4.1. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district.
Source:
SL 2004, ch 103, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-4.3 - Process for certification of special permitted uses upon meeting specified criteria.

11-4-4.3. Process for certification of special permitted uses upon meeting specified criteria.
A zoning ordinance adopted pursuant to this chapter may also establish a process for certification of special permitted uses upon meeting specified criteria for the use. A use certified as a special permitted use under the zoning ordinance shall be approved if the applicant demonstrates that all specified criteria are met.
Source:
SL 2015, ch 72, §6; SL 2021, ch 55, § 3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-4.4 - Sign to notify public about petition and hearing on zoning change or conditional use permit.

11-4-4.4. Sign to notify public about petition and hearing on zoning change or conditional use permit.
If a landowner petitions a governing board of a municipality for a change in the zoning applied to the landowner's land or petitions a board for a conditional use permit and a local ordinance requires the landowner to post a sign to notify the public about the petition and the hearing on the petition, the sign must be at least twenty-four inches wide and eighteen inches tall with bold lettering to inform the public about the petition and hearing. This section does not preempt any requirement provided in any state law or municipal or county ordinance.
Source:
SL 2016, ch 72, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-4.5 - Special permitted uses--Exceptions.

11-4-4.5. Special permitted uses--Exceptions.
Any land use that meets the specified criteria for certification under any municipal zoning ordinance shall be considered a special permitted use. A special permitted use applicant is not subject to the requirements set forth in §11-4-4.2. A special permitted use is not subject to any public hearing or other requirements for review and approval of conditional uses. Upon adoption of certification provisions, the land use is a special permitted use subject to enforcement in the same manner as a permitted use.
Source:
SL 2021, ch 55, § 4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-4.6 - Conditional use application--Impact on neighboring land.

11-4-4.6. Conditional use application--Impact on neighboring land.
Any conditional use permit granted pursuant to chapter 11-4 shall be considered a lawful use. No conditional use will be prohibited due to changes on neighboring land which occurred after the application for the conditional use is received. No conditional use shall be made nonconforming due to changes on neighboring land which occurred after the application for the conditional use is granted pursuant to chapter 11-4 unless the conditional use is not pursued by the applicant for a period of more than one year.
Source:
SL 2021, ch 55, § 5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-5 - Reading, passage and publication of ordinance--Protest by landowners in district--Flood plain ordinance not subject to protest.

11-4-5. Reading, passage and publication of ordinance--Protest by landowners in district--Flood plain ordinance not subject to protest.
If a zoning ordinance is adopted, the ordinance is subject to the provisions of §9-19-7 as a comprehensive regulation unless the referendum is invoked, or unless a written protest is filed with the auditor or clerk, signed by at least forty percent of the owners of equity in the lots included in any proposed district and the lands within two hundred fifty feet from any part of the proposed district. A corporation is construed to be a sole owner, and if parcels of land are in the name of more than one person, ownership representation is in proportion to the number of signers who join in the petition in relation to the number of owners. If a protest is filed, the ordinance does not become effective unless the ordinance is approved by two-thirds of the governing body of the municipality. The protest provisions of this section do not apply to any ordinance regulating or establishing flood plain areas.
Source:
SDC 1939, §45.2604; SL 1949, ch 192; SL 1974, ch 112; SL 1975, ch 115; SL 1998, ch 75, §1; SL 1999, ch 65, §12; SL 2000, ch 69, §56.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-6 - Conflict with other regulations--More stringent regulations govern.

11-4-6. Conflict with other regulations--More stringent regulations govern.
Whenever the regulations made under authority of this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this chapter shall govern.
Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or other higher standards than are required by the regulations made under authority of this chapter, the provisions of such statute or local ordinance or regulation shall govern.
Source:
SL 1927, ch 176, §9; SDC 1939, §45.2610.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-7 - Proceedings by municipal authorities to prevent violation of regulations.

11-4-7. Proceedings by municipal authorities to prevent violation of regulations.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
Source:
SL 1927, ch 176, §8; SDC 1939, §45.2609.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-8 - Changes in regulations--Notice and procedure.

11-4-8. Changes in regulations--Notice and procedure.
Regulations, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed. Any such modification or repeal shall be proposed in an ordinance presented to the governing body for adoption in the same manner and upon the same notice as required for the adoption of the original ordinance. However, amendments or additions to a subdivision or zoning ordinance may be published without republishing the full ordinance if the section or subsection of the ordinance containing the change is published in its entirety.
Source:
SDC 1939, §45.2605; SL 1941, ch 201; SL 1987, ch 116; SL 2000, ch 69, §57.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-9 - Requiring consent of landowners to change in zoning ordinance.

11-4-9. Requiring consent of landowners to change in zoning ordinance.
The governing body may by ordinance require as a condition precedent to the introduction of any ordinance proposing changes in the zoning ordinance that there be first filed with the city auditor, finance officer, or clerk the written consent of the owners of not exceeding sixty percent of the aggregate area having the right of protest against such proposed ordinance if adopted, determined as provided by §11-4-5.
Source:
SDC 1939, §45.2605 as added by SL 1941, ch 201; SL 2000, ch 69, §58.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-10 - Referendum and protests against changes in zoning ordinance.

11-4-10. Referendum and protests against changes in zoning ordinance.
The referendum and the right of protest may be invoked against an ordinance making changes in the zoning ordinance in like manner as against the original ordinance.
Source:
SL 1927, ch 176, §5; SL 1927 (SS), ch 18, §2; SDC 1939, §45.2605; SL 1941, ch 201.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-11 - Appointment of planning and zoning commission--Same as city planning and zoning commission.

11-4-11. Appointment of planning and zoning commission--Same as city planning and zoning commission.
In order to avail itself of the powers conferred by this chapter, the governing body shall appoint a commission to be known as the planning and zoning commission to recommend the boundaries of the zoning districts and appropriate regulations to be enforced therein.
The planning and zoning commission provided herein shall be the same planning and zoning commission provided under the provisions of chapter 11-6.
Source:
SL 1927, ch 176, §6; SDC 1939, §45.2606; SL 1975, ch 114, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-11.1 - Governing body as planning and zoning commission.

11-4-11.1  .  Governing body as planning and zoning commission.
In lieu of appointing the planning and zoning commission provided by §11-4-11, the governing body of any second or third class municipality having adopted and in effect a zoning ordinance may act as and perform all the duties and exercise the powers of the planning and zoning commission.
Source:  SL 2020, ch 42, § 1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-12 - Planning and zoning commission--Hearings and notice--Final recommendation.

11-4-12. Planning and zoning commission--Hearings and notice--Final recommendation.
The planning and zoning commission, when appointed, shall hold public hearings, subject to the same notice requirements as provided in §11-4-4, before submitting its recommendation, and the governing body may not hold its public hearings or take action until it has received the recommendation of the commission.
Source:
SDC 1939, §45.2606; SL 1975, ch 114, §4; SL 2000, ch 69, §59.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-13 - Board of adjustment to be provided--Planning and zoning commission as adjustment board--Power to grant variances.

11-4-13. Board of adjustment to be provided--Planning and zoning commission as adjustment board--Power to grant variances.
Except as otherwise provided by §11-4-24, the governing body shall provide for the appointment of a board of adjustment, or for the planning and zoning commission to act as a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this chapter, shall provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances to the terms of the ordinance.
Source:
SDC 1939, §45.2607; SL 1975, ch 114, §5; SL 2000, ch 69, §60.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-14 - Appointment and terms of board of adjustment other than commission--Removal--Vacancies--Alternates.

11-4-14. Appointment and terms of board of adjustment other than commission--Removal--Vacancies--Alternates.
A board of adjustment, other than the planning and zoning commission acting as a board of adjustment, consists of five members, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The appointing authority may also appoint a first alternate and a second alternate for a term of three years each. If a member is unable to attend a meeting, the first alternate, or second alternate, in turn, shall serve in the member's place.
Source:
SDC 1939, §45.2607; SL 1975, ch 114, §6; SL 1984, ch 105; SL 2000, ch 69, §61.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-15 - Meetings of board of adjustment--Administration of oaths and attendance of witnesses.

11-4-15. Meetings of board of adjustment--Administration of oaths and attendance of witnesses.
Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. Such chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of such board shall be open to the public.
Source:
SL 1927, ch 176, §7; SDC 1939, §45.2607.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-16 - Minutes and records of board of adjustment--Destruction of records.

11-4-16. Minutes and records of board of adjustment--Destruction of records.
The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. However, the board of adjustment may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1927, ch 176, §7; SDC 1939, §45.2607; SL 1981, ch 45, §13.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-17 - Powers of board of adjustment.

11-4-17. Powers of board of adjustment.
The board of adjustment may:
(1)Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant to this chapter;
(2)Authorize upon appeal in specific cases such variance from terms of the ordinance not contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance is observed and substantial justice done; and
(3)Hear and determine conditional uses as authorized by the zoning ordinance. The uses shall be determined by an affirmative majority vote of the present and voting members of the board of adjustment.
Source:
SDC 1939, §45.2607; SL 2000, ch 69, §62; SL 2015, ch 72, §8; SL 2021, ch 55, § 6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 04 - Municipal Planning And Zoning › Section 11-4-18 - Rules of board of adjustment.

11-4-18. Rules of board of adjustment.
The board of adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter.
Source:
SL 1927, ch 176, §7; SDC 1939, §45.2607.