reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-123 - Requirements for transactions with mortgage lenders.

11-11-123. Requirements for transactions with mortgage lenders.
Terms and conditions of the purchase and sale to mortgage lenders of mortgage loans and loans to mortgage lenders, shall be as set forth in §11-11-124.
Source:
SL 1973, ch 180, §20; SDCL Supp, §28-19-106.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-124 - Eligibility of obligations purchased from mortgage lenders for purchase or purchase commitment--Criteria.

11-11-124. Eligibility of obligations purchased from mortgage lenders for purchase or purchase commitment--Criteria.
No obligation purchased from a mortgage lender, other than an obligation purchased from or guaranteed by an agency or instrumentality of the United States government, shall be eligible for purchase or commitment to purchase by the authority under §11-11-119 unless at or before the time of transfer thereof to the authority such mortgage lender certifies:
(1)That in its judgment the loan would in all respects be a prudent investment for its own account; and
(2)That the mortgage loans transferred to the authority are for residential housing within South Dakota; or
(3)That the proceeds of sale or its equivalent shall be reinvested in residential mortgages within the State of South Dakota, or invested in short-term obligations pending the purchase of such residential mortgages.
Source:
SL 1973, ch 180, §20 (1); SDCL Supp, §28-19-107; SL 1974, ch 195, §5; SL 1983, ch 106, §4U.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-134 - Purchase of federally insured housing mortgages.

11-11-134. Purchase of federally insured housing mortgages.
The authority may make commitments to purchase, and purchase, service, and sell federally insured mortgages and make loans directly upon the security of any such mortgage, if the underlying mortgage loans have been made and continue to be used solely to finance or refinance the construction, rehabilitation, purchase, or leasing of residential housing in this state.
Source:
SL 1973, ch 180, §17 (3); SDCL Supp, §28-19-115; SL 1983, ch 106, §4Z; SL 2012, ch 78, §85.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-135 - Sale or transfer of mortgage loan or obligation.

11-11-135. Sale or transfer of mortgage loan or obligation.
The authority may sell or otherwise dispose of, at public or private sale, with or without public bidding, or assign or transfer, any mortgage loan or other obligation held by the authority, including, without limitation, the transfer of a mortgage loan or other obligation to any trust or other legal entity and the receipt of ownership interests therein.
Source:
SL 1973, ch 180, §17 (4); SDCL Supp, §28-19-116; SL 2012, ch 78, §86.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-137 - Court actions to enforce loans or protect the public interest--Foreclosure.

11-11-137. Court actions to enforce loans or protect the public interest--Foreclosure.
The authority may institute any action or proceeding against any housing sponsor or persons and families receiving a loan pursuant to the provisions of this chapter, or owning any housing development or housing project pursuant to the provisions of this chapter in any court of competent jurisdiction in order to enforce the provisions of this chapter or the terms and provisions of any agreement or contract between the authority and such recipients of loans under the provisions of this chapter, or to foreclose its mortgage, or to protect the public interest, the occupants of the housing development, or the stockholders or creditors of such sponsor.
Source:
SL 1973, ch 180, §14 (5); SDCL Supp, §28-19-118; SL 1983, ch 106, §4AA; SL 2012, ch 78, §88.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-138 - Receiver appointed to safeguard authority's loan.

11-11-138. Receiver appointed to safeguard authority's loan.
In connection with any action or proceeding pursuant to §11-11-137, the authority may apply for the appointment of a receiver to take over, manage, operate, and maintain the affairs of such housing sponsor, and the authority through such agent as it shall designate is hereby authorized to accept the appointment of such receiver of any such sponsor when so appointed by a court of competent jurisdiction.
Source:
SL 1973, ch 180, §14 (5); SDCL Supp, §28-19-119.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-139 - Reorganization of housing sponsor subject to control by authority.

11-11-139. Reorganization of housing sponsor subject to control by authority.
In the event of the reorganization of any housing sponsor, such reorganization shall be subject to the supervision and control of the authority, and no such reorganization shall be had without the prior written consent of the authority.
Source:
SL 1973, ch 180, §15; SDCL Supp, §28-19-120.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-140 - Notice to authority before sale of real property on judgment against housing sponsor--Protective steps taken by authority.

11-11-140. Notice to authority before sale of real property on judgment against housing sponsor--Protective steps taken by authority.
In the event of a judgment against any housing sponsor in any action not pertaining to the foreclosure of a mortgage, there shall be no sale of any of the real property included in any housing development hereunder of such housing sponsor except upon sixty days' written notice to the authority. Upon receipt of such notice the authority shall take such steps as in its judgment may be necessary to protect the rights of all parties.
Source:
SL 1973, ch 180, §16; SDCL Supp, §28-19-121.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-141 - Promulgation of rules regarding borrowers, admission of occupants, and ancillary commercial facilities.

11-11-141. Promulgation of rules regarding borrowers, admission of occupants, and ancillary commercial facilities.
The authority may promulgate rules pursuant to this chapter, regarding the definition of persons and families of low and moderate income, the regulation of borrowers, the admission of occupants to housing developments pursuant to this chapter, and the construction of ancillary commercial facilities.
Source:
SL 1973, ch 180, §14 (3); SDCL Supp, §28-19-122; SL 1985, ch 103, §2; SL 2012, ch 78, §89.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-144 - Provisions governing loans and other financing to sponsors of multifamily units and day-care facilities.

11-11-144. Provisions governing loans and other financing to sponsors of multifamily units and day-care facilities.
Mortgage loans and other financing made by the authority to housing sponsors of multifamily residential housing units and sponsors of day-care facilities shall be subject to the terms and conditions set forth in §§11-11-148 to 11-11-161, inclusive, as applicable.
Source:
SL 1973, ch 180, §19; SDCL Supp, §28-19-125; SL 1995, ch 80, §18.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-148 - Loans restricted to sponsors meeting statutory definition.

11-11-148. Loans restricted to sponsors meeting statutory definition.
No application for a loan for a housing development shall be processed unless the applicant is a housing sponsor as defined in §11-11-7.
Source:
SL 1973, ch 180, §19 (1); SDCL Supp, §28-19-126.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-149 - Amount and amortization period of FHA loans.

11-11-149. Amount and amortization period of FHA loans.
The ratio of loan to total housing development cost and the amortization period of loans made under this chapter which are insured by the Federal Housing Administration (FHA) shall be governed by the FHA mortgage insurance commitment for each housing development; but in no event shall such amortization period exceed fifty years.
Source:
SL 1973, ch 180, §19 (2); SDCL Supp, §28-19-127.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-150 - Amount and amortization of non-FHA loans.

11-11-150. Amount and amortization of non-FHA loans.
In the case of a mortgage loan not insured by FHA the amount of the loan may not exceed one hundred percent of the total housing development cost as determined by the authority and the amortization period of such loan shall be determined in accordance with regulations formulated and published by the authority; but in no event may such amortization period exceed fifty years. If the mortgage loan provided by the authority is subordinated to mortgage loans made by other lenders to finance the multifamily residential housing project or day-care facility, the foregoing limitation shall be applied to the aggregate of mortgage financing provided from all sources.
Source:
SL 1973, ch 180, §19 (2); SDCL Supp, §28-19-128; SL 1995, ch 80, §20.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-151 - Terms and form of loans or other financing--Investment in multifamily residential housing projects and day-care facilities.

11-11-151. Terms and form of loans or other financing--Investment in multifamily residential housing projects and day-care facilities.
Each mortgage loan made or other financing provided by the authority shall contain such terms and provisions and be in such form as approved by the authority. With respect to multifamily residential housing projects and day-care facilities, the authority may also assist the development of such housing projects and day-care facilities by investing as a limited partner or shareholder in the housing sponsor upon such terms and conditions as the authority determines.
Source:
SL 1973, ch 180, §19 (6); SDCL Supp, §28-19-129; SL 1995, ch 80, §21; SL 2012, ch 78, §96.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-152 - Interest rates on which loans made--Additional charges.

11-11-152. Interest rates on which loans made--Additional charges.
The authority shall have authority to set from time to time the interest rates at which it shall make loans and commitments therefor. Such interest rates shall be established by the authority at the lowest level consistent with the authority's cost of operation and its responsibilities to the holders of its bonds, bond anticipation notes, and other obligations. In addition to such interest charges, the authority may make and collect such fees and charges, including but not limited to reimbursement of the authority's financing costs, service charges, insurance premiums, and mortgage insurance premiums, as the authority determines to be reasonable.
Source:
SL 1973, ch 180, §19 (4); SDCL Supp, §28-19-130.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-155 - Surety bonds and other assurances of payment and performance.

11-11-155. Surety bonds and other assurances of payment and performance.
If the authority is providing mortgage financing, the authority shall require the housing sponsor receiving a loan or its contractor to post surety bonds or other assurances of payment of labor and materials, and construction performance in such amounts as the authority may deem necessary and to execute such other assurances and guarantees as the authority may deem necessary.
Source:
SL 1973, ch 180, §19 (6); SDCL Supp, §28-19-133; SL 1995, ch 80, §23; SL 2012, ch 78, §98.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-161 - Conditions of mortgage loan or other financing.

11-11-161. Conditions of mortgage loan or other financing.
As a condition of a mortgage loan or other financing, the authority may, at all times during the construction or rehabilitation of a housing development or housing project by a housing sponsor and the operation thereof:
(1)Order such alterations, changes, or repairs as may be necessary to protect the security of the authority's investment in a housing development or the health, safety, and welfare of the occupants thereof and ensure that the housing development is or has been constructed or rehabilitated in conformity with all applicable federal, state, and local building codes; and
(2)Order any managing agent, housing development manager, or owner of a housing development to do such acts as may be necessary to comply with the provisions of all applicable laws, ordinances or building codes or any rule or regulation of the authority or the terms of any agreement concerning the development or refrain from doing any acts in violation thereof and in this regard the authority is a proper party to file a complaint and to prosecute on the complaint for any violations of laws, ordinances, or building codes as set forth in this section.
Source:
SL 1973, ch 180, §19 (8) (b); SDCL Supp, §28-19-139; SL 1995, ch 80, §29; SL 2012, ch 78, §104.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-163 - Supervision of multifamily residential housing units and day-care facilities.

11-11-163. Supervision of multifamily residential housing units and day-care facilities.
The authority, in the supervision of housing sponsors of multifamily residential housing units and day-care facilities and their real and personal property, may:
(1)Prescribe uniform systems of accounts and records for housing sponsors;
(2)Require housing sponsors to make reports and give answers to specific questions on such forms and at such times as may be prescribed by the authority;
(3)Examine all books and records with reference to capital structure, income, expenditures, and other payments of a housing sponsor;
(4)Pay to the authority such fees as the authority may prescribe in connection with the examination, inspection, supervision, auditing, or other regulation of the housing sponsor;
(5)Enter upon and inspect the lands, buildings, and equipment of a housing sponsor, including all parts thereof;
(6)Supervise the operation and maintenance of any such housing development or housing project and order such repairs as may be necessary to protect the public interest or the health, welfare, or safety of the occupants;
(7)Fix and alter from time to time a schedule of rents and charges for any such housing development; and
(8)Require any housing sponsor to pay to the authority such fees as it may prescribe in connection with the examination, inspection, supervision, auditing, or other regulation of the housing sponsor.
Source:
SL 1973, ch 180, §18 (1); SDCL Supp, §28-19-141; SL 1995, ch 80, §31; SL 2012, ch 78, §106.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-179 - Retirement and redemption of investments in sponsor of multifamily units and day-care facilities.

11-11-179. Retirement and redemption of investments in sponsor of multifamily units and day-care facilities.
The authority shall have the power, in the supervision of housing sponsors of multifamily residential housing units and day-care facilities and their real and personal property, to regulate the retirement of any capital investment or the redemption of stock where any such retirement or redemption when added to any dividend or other distribution shall exceed in any one fiscal year such percentage as may be determined by rules and regulations of the authority or as specified in the agreement between the authority and the housing sponsor of the original face amount of any investment or equity in any housing sponsor. Projects whose rents or income limits applicable to project residents are established, subsidized or regulated by federal law, or whose loans are insured or guaranteed by the federal government shall be subject to an agreement between the authority and the housing sponsor which will subject said sponsor and its principals or stockholders, if any, to those limitations established by federal law, or such lower limitation as shall be prescribed by the authority, in regulating the retirement of any capital investment or the redemption of stock of the original face amount of any investment or equity in any housing sponsor.
Source:
SL 1973, ch 180, §18 (8); SDCL Supp, §28-19-157; SL 1992, ch 105, §4; SL 1995, ch 80, §39; SL 2021, ch 60, § 1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-180 - General power to make rules and regulations.

11-11-180. General power to make rules and regulations.
The authority shall have the power, as necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, to make and publish rules and regulations respecting its lending programs and such other rules and regulations as are necessary to effectuate its corporate purposes.
Source:
SL 1973, ch 180, §12 (20); SDCL Supp, §28-19-158.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-181 - Annual report by authority to Governor and Legislature.

11-11-181. Annual report by authority to Governor and Legislature.
The authority shall submit to the Governor and the Legislature within one hundred fifty days of the close of its fiscal year a complete and detailed report setting forth:
(1)Its operations and accomplishments;
(2)Its receipts and expenditures during the fiscal year in accordance with the categories or classifications established by the authority for its operating and capital outlay purposes;
(3)Its assets and liabilities at the end of its fiscal year, including a schedule of its mortgage loans and commitments and the status of reserve, special, or other funds; and
(4)A schedule of its notes and bonds outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during the fiscal year.
Source:
SL 1973, ch 180, §48; SDCL Supp, §28-19-159; SL 2003, ch 79, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-182 - Annual audit of authority.

11-11-182. Annual audit of authority.
Notwithstanding any other provision of law, the authority shall be audited annually by a certified public accountant approved by, and under the direction of, the auditor general and any such private audit shall be filed with the Department of Legislative Audit upon completion.
Source:
SL 1978, ch 20, §10; SDCL Supp, §28-19-159.1; SL 2012, ch 78, §116.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-183 - Chapter cumulative and supplemental to other laws.

11-11-183. Chapter cumulative and supplemental to other laws.
Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, and this chapter is cumulative to any such powers. This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws.
Source:
SL 1973, ch 180, §51; SDCL Supp, §28-19-160.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-184 - Chapter controlling over other laws.

11-11-184. Chapter controlling over other laws.
Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter shall be controlling.
Source:
SL 1973, ch 180, §52; SDCL Supp, §28-19-161.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-185 - Citation of chapter.

11-11-185. Citation of chapter.
This chapter may be cited as the South Dakota Housing Development Authority Act.
Source:
SL 1973, ch 180, §53; SDCL Supp, §28-19-162.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 12 - Adult Oriented Business › Section 11-12-2 - Location of adult oriented business restricted--Violation as misdemeanor.

11-12-2. Location of adult oriented business restricted--Violation as misdemeanor.
No adult oriented business established after June 30, 2008, may be located within one-fourth mile of a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence, or a place of worship. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence, or a place of worship. An adult oriented business lawfully operating in conformity with this section does not violate this section if a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence, or a place of worship subsequently locates within one-fourth mile of the adult oriented business. A violation of this section is a Class 1 misdemeanor. Each day of violation constitutes a separate offense.
Source:
SL 2008, ch 61, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 12 - Adult Oriented Business › Section 11-12-3 - Hours of operation of certain adult oriented businesses--Violation as misdemeanor.

11-12-3. Hours of operation of certain adult oriented businesses--Violation as misdemeanor.
No adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, or nude model studio may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 2:00 a.m. and 12:00 noon on Sunday. A violation of this section is a Class 1 misdemeanor. Each day of violation constitutes a separate offense.
Source:
SL 2008, ch 61, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 12 - Adult Oriented Business › Section 11-12-4 - County or municipality may regulate location.

11-12-4. County or municipality may regulate location.
Section 11-12-2 does not prohibit any county or municipality from enacting and enforcing any ordinance that regulates the location of an adult oriented business.
Source:
SL 2008, ch 61, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 12 - Adult Oriented Business › Section 11-12-5 - County or municipality may regulate certain adult oriented businesses.

11-12-5. County or municipality may regulate certain adult oriented businesses.
Section 11-12-3 does not prohibit any county or municipality from enacting and enforcing any ordinance that regulates an adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, or nude model studio.
Source:
SL 2008, ch 61, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 12 - Adult Oriented Business › Section 11-12-6 - Action to enjoin violations.

11-12-6. Action to enjoin violations.
If there is reason to believe that a violation of §11-12-2 is being committed in any county or city, the state's attorney of the county shall, or a citizen of this state who resides in the county or city in the citizen's own name may, maintain an action to abate and prevent the violation and to enjoin perpetually any person who is committing the violation and the owner, lessee, or agent of the building or place in or on which the violation is occurring from directly or indirectly committing or permitting the violation.
Source:
SL 2008, ch 61, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-1 - Definitions.

11-13-1. Definitions.
Terms used in this chapter mean:
(1)"Administering agency," the South Dakota Housing Development Authority shall act as the administrative agency for the South Dakota housing opportunity fund;
(2)"Affordable housing," housing is affordable if the total housing costs, which includes rent, utilities, mortgage, and related expenses, represents no more than thirty percent of gross household income;
(3)"Commissioner," a member appointed to the oversight commission;
(4)"Fund," the South Dakota housing opportunity fund;
(5)"Oversight commission," the commissioners that govern the South Dakota Housing Development Authority;
(6)"Single family home," any home built to the International Residential Code (IRC) or the United States Department of Housing and Urban Development (HUD) Building Code as of January 1, 2013, and located on a suitable site that is zoned properly for an IRC or HUD single family residence.
Source:
SL 2013, ch 7, §14, eff. Mar. 20, 2013.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-2 - South Dakota housing opportunity fund created.

11-13-2. South Dakota housing opportunity fund created.
There is hereby created the South Dakota housing opportunity fund to be administered by the South Dakota Housing Development Authority for the purpose of preserving and expanding sustainable, affordable, and safe housing that is targeted to low and moderate income families and individuals in South Dakota. The authority may accept and expend for the purposes of this chapter any funds obtained from appropriations or any other source. Any general funds appropriated to the housing opportunity program shall be transferred into the housing opportunity fund. Disbursement of funds to the authority shall be made after South Dakota housing opportunity funds have been obligated by the oversight commission created pursuant to §11-13-8. Interest earned on money in the fund shall be deposited into the fund.
Source:
SL 2013, ch 7, §13, eff. Mar. 20, 2013; SL 2018, ch 10, §12.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-3 - Duties of administrative agency.

11-13-3. Duties of administrative agency.
The administrative agency shall:
(1)Develop program guidelines;
(2)Market the fund to eligible applicants;
(3)Receive, review, and evaluate proposals;
(4)Submit funding proposal recommendations to the oversight commission;
(5)Administer annual monitoring and reporting on the fund;
(6)Create operating rules and guidelines for the oversight commission; and
(7)Perform all other activities necessary to support the administration of the fund.
Source:
SL 2013, ch 7, §15, eff. Mar. 20, 2013.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-4 - Eligibility for funding.

11-13-4. Eligibility for funding.
Any for-profit entity, nonprofit entity, tribal government, housing authority, a political subdivision of this state or its agencies, or any agency of this state is eligible to apply for funding from the fund. No individual may apply for funding directly from the fund.
Source:
SL 2013, ch 7, §16, eff. Mar. 20, 2013.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-5 - Eligible fund activities.

11-13-5. Eligible fund activities.
The South Dakota housing opportunity fund may be used to provide a grant, loan, loan guarantee, loan subsidy and other financial assistance to an eligible applicant. Money from the fund may be used to build, buy, and or rehabilitate affordable housing for rent or home ownership, including single family and multifamily housing. The eligible fund activities include affordable housing projects that consist of new construction or the purchase of rental or home ownership housing, substantial or moderate rehabilitation of rental or home ownership housing, housing preservation, including home repair grants and grants to make homes more accessible to individuals with disabilities, homelessness prevention activities, as well as a community land trust. No more than ten percent of the funds awarded may be used for the administrative costs of the South Dakota Housing Development Authority or any entity that receives funding from the fund.
Source:
SL 2013, ch 7, §17, eff. Mar. 20, 2013; SL 2016, ch 4, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-6 - Geographic distribution guideline.

11-13-6. Geographic distribution guideline.
Each year, money from South Dakota housing opportunity fund shall be set aside as follows:
(1)Thirty percent shall be designated in municipalities that have a population of fifty thousand or more; and
(2)Seventy percent shall be designated for the other areas of the state.
If the approved applications for any area are less than the amount set aside, the remaining amount may be made available for qualified applications from the other areas. The geographic distribution guideline takes precedence over income targeting guideline during the evaluation of the applications.
Source:
SL 2013, ch 7, §18, eff. Mar. 20, 2013.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-7 - Income targeting guideline.

11-13-7. Income targeting guideline.
The South Dakota housing opportunity fund shall be targeted to serve low to moderate income households with a maximum income at or below one hundred fifteen percent of the area median income based on United States Department of Housing and Urban Development (HUD) criteria.
Source:
SL 2013, ch 7, §19, eff. Mar. 20, 2013.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-8 - Applications for award.

11-13-8. Applications for award.
Awards from the fund shall be made through an application process. Each application shall be evaluated and scored based on criteria created by the administering agency and the oversight commission. Each applicant that is awarded money from the fund is encouraged to leverage the money for any project or program with other public and private dollars. Any program income or loan payments received shall be deposited into the account held by the South Dakota Housing Authority.
Source:
SL 2013, ch 7, §20, eff. Mar. 20, 2013; SL 2016, ch 4, §3; SL 2018, ch 10, §13.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 13 - South Dakota Housing Opportunity Fund › Section 11-13-9 - Annual report by oversight commission.

11-13-9. Annual report by oversight commission.
The oversight commission shall submit to the Governor and the Legislature an annual report which includes the activity and use of funds for the South Dakota housing opportunity fund.
Source:
SL 2013, ch 7, §21, eff. Mar. 20, 2013.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-1 - Adoption or change of zoning regulations by local governing body--Public hearing--Notice.

11-14-1. Adoption or change of zoning regulations by local governing body--Public hearing--Notice.
No airport zoning regulations may be adopted, amended, or changed under chapter 50-10 except by action of the governing body of the political subdivision in question after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice of the hearing shall be given at least fifteen days prior to the date of the hearing by publication of a notice of the time and place of holding the hearing in a legal newspaper or a newspaper of general circulation published in the political subdivision or subdivisions in which is located the airport hazard to be zoned. However, if there be no such newspaper, the notice shall be published in the nearest legal newspaper or newspaper of general circulation.
Source:
SL 1943, ch 2, §6 (1); SL 1949, ch 8, §4; SDC Supp 1960, §2.0511; SL 2010, ch 227, §60; SDCL §50-10-13; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-2 - Delegation of zoning administration and enforcement.

11-14-2. Delegation of zoning administration and enforcement.
The governing body of any political subdivision adopting airport zoning regulations under chapter 50-10 may delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction. The administrative agency may not be or include any member of the board of appeals. The agency may not have or exercise any of the powers delegated to the board of appeals.
Source:
SL 1943, ch 2, §6 (2); SDC Supp 1960, §2.0512; SL 2010, ch 227, §61; SDCL §50-10-14; SL 2019, ch. 203, §§30, 84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-3 - Board of appeals_Duties.

11-14-3. Board of appeals--Duties.
Airport zoning regulations adopted under chapter 50-10 shall provide for the appointment of a board of appeals to:
(1)Hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of chapter 50-10 or of any ordinance adopted under chapter 50-10; and
(2)Hear and decide special exceptions to the terms of the ordinance upon which the board may be required to pass under the ordinance.
If a zoning board of appeals or adjustment already exists, it may be appointed as the board of appeals. The board of appeals shall consist of five members, each appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing.
Source:
SL 1943, ch 2, §6; SDC Supp 1960, §2.0513; SDCL §50-10-15; SL 2019, ch. 203, §§31, 84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-4 - Promulgation of rules--Meetings--Witnesses--Record of proceedings.

11-14-4. Promulgation of rules--Meetings--Witnesses--Record of proceedings.
The board established pursuant to §11-14-3 shall adopt rules in accordance with the provisions of any ordinance adopted under chapter 50-10. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in the chair's absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. The minutes shall immediately be filed in the office of the board and are a public record.
Source:
SL 1943, ch 2, §6; SDC Supp 1960, §2.0513; SL 2010, ch 227, §62; SDCL §50-10-16; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-5 - Appeals to board--Time for appeal--Procedure.

11-14-5. Appeals to board--Time for appeal--Procedure.
Appeals to the board established pursuant to §11-14-3 may be taken by any person aggrieved, or by any officer, department, board, or bureau of the political subdivision affected, by any decision of the administrative agency. An appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
Source:
SL 1943, ch 2, §6; SDC Supp 1960, §2.0513; SDCL §50-10-17; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-6 - Stay of proceedings--Exception--Restraining order.

11-14-6. Stay of proceedings--Exception--Restraining order.
An appeal pursuant to §11-14-3 shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the agency from which the appeal is taken and on due cause shown.
Source:
SL 1943, ch 2, §6; SDC Supp 1960, §2.0513; SL 2010, ch 227, §63; SDCL §50-10-18; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-7 - Hearing of appeal--Notice of hearing.

11-14-7. Hearing of appeal--Notice of hearing.
The board of appeals shall fix a reasonable time for the hearing of an appeal pursuant to §11-14-3, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
Source:
SL 1943, ch 2, §6; SDC Supp 1960, §2.0513; SDCL §50-10-19; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-8 - Actions of board--Scope of review.

11-14-8. Actions of board--Scope of review.
The board of appeals may, in conformity with the provisions of chapter 50-10, reverse or affirm, wholly or partially, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.
Source:
SL 1943, ch 2, §6; SDC Supp 1960, §2.0513; SDCL §50-10-20; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-9 - Board to decide by majority vote.

11-14-9. Board to decide by majority vote.
The concurring vote of a majority of the members of the board of appeals shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
Source:
SL 1943, ch 2, §6; SDC Supp 1960, §2.0513; SDCL §50-10-21; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-10 - Appeal to circuit court from board of appeals--Petition--Time for petition.

11-14-10. Appeal to circuit court from board of appeals--Petition--Time for petition.
Any person aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, may present to the circuit court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the decision is filed in the office of the board.
Source:
SL 1943, ch 2, §7; SDC Supp 1960, §2.0514 (1); SDCL §50-10-22; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-11 - Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ.

11-14-11. Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ.
Upon presentation of a petition pursuant to §11-14-10, the circuit court may allow a writ of certiorari directed to the board of appeals to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown grant a restraining order. The board of appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
Source:
SL 1943, ch 2, §7; SDC Supp 1960, §2.0514 (2), (3); SDCL §50-10-23; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-12 - Jurisdiction of court--Further proceedings by board of appeals.

11-14-12. Jurisdiction of court--Further proceedings by board of appeals.
The circuit court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review pursuant to §11-14-11, in whole or in part, and if need be, to order further proceedings by the board of appeals.
Source:
SL 1943, ch 2, §7; SDC Supp 1960, §2.0514 (4); SDCL §50-10-24; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-13 - Findings of fact as conclusive on court--Objections not urged before board.

11-14-13. Findings of fact as conclusive on court--Objections not urged before board.
The findings of fact by the board of appeals, if supported by substantial evidence, shall be accepted by the circuit court as conclusive, and no objection to a decision of the board shall be considered by the court unless such objections shall have been urged before the board, or, if it was not so urged, unless there were reasonable grounds for failure to do so.
Source:
SL 1943, ch 2, §7; SDC Supp 1960, §2.0514 (4); SDCL §50-10-25; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-14 - Allowance of costs.

11-14-14. Allowance of costs.
Costs shall not be allowed against the board of appeals unless it appears to the circuit court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.
Source:
SL 1943, ch 2, §7; SDC Supp 1960, §2.0514 (5); SDCL §50-10-26; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-15 - Court action against violators--Injunction.

11-14-15. Court action against violators--Injunction.
In addition, either the political subdivision within which the property is located or the commission may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of chapter 50-10, or of airport zoning regulations adopted under chapter 50-10, or of any order or ruling made in connection with their administration or enforcement. The court shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of chapter 50-10 and of the regulations adopted and orders and rulings made pursuant thereto.
Source:
SL 1943, ch 2, §8; SDC Supp 1960, §2.0515; SL 2010, ch 227, §64; SDCL §50-10-27; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 14 - Airport Zoning › Section 11-14-16 - Acquisition of property by purchase, grant, or condemnation.

11-14-16. Acquisition of property by purchase, grant, or condemnation.
In any case in which:
(1)It is desired to remove, lower, or otherwise terminate a nonconforming use;
(2)The approach protection necessary according to the airport layout plan cannot, because of constitutional limitations, be provided by airport zoning regulations under chapter 50-10; or
(3)It appears advisable that the necessary approach protection be provided by acquisition of property rights;
the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it, shall acquire by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of chapter 50-10.
Source:
SL 1943, ch 2, §9; SDC Supp 1960, §2.0516; SL 2010, ch 227, §65; SL 2014, ch 222, §76; SDCL §50-10-28; SL 2019, ch. 203, §84.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 15 - South Dakota Housing Infrastructure Fund › Section 11-15-1 - Definitions.

11-15-1. Definitions.
Terms used in this chapter mean:
(1)"Authority," the South Dakota Housing Development Authority;
(2)"Housing infrastructure," the installation, replacement, upgrade, or improvement of public infrastructure for the support of a single-family or multi-family housing project; and
(3)"Public infrastructure," a right of way, water distribution system, sanitary sewer system, storm sewer system, lift station, street, road, bridge, curb, gutter, sidewalk, traffic signal, or streetlight, which is or will be owned, maintained, or provided by a political subdivision of this state; or excavation, compaction, or acquisition of land for such purposes.
Source: SL 2023, ch 41, §8, eff. Feb. 1, 2023.