An Act to revise the requirement for approval from certain private campground owners for the construction or expansion of municipal campground and municipal tourist facilities.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 9-38-1 be AMENDED:

9-38-1. Each municipality may establish, improve, maintain, and regulate public parks, public squares, parkways, boulevards, swimming pools, camping, and other related facilities within or without the municipality, and to issue its bonds therefor, as provided by this title. A municipality may establish camping or tourist accommodation facilities if there is no existing private campground, inspected and approved by the Department of Health, located within fifteen miles of the municipality. However, a municipality may construct or expand camping or tourist accommodation facilities if there is an existing private campground within fifteen miles of the municipality if approval is provided from at least a two-thirds majority of all the owner of the existing campground approves campgrounds within fifteen miles of the municipality on the construction or expansion in writing. Approval from a campground must be in writing signed by at least one owner of the campground. Camping and tourist accommodation facilities established before July 1, 1970, are deemed to have been established under the then existing authority to establish public parks, and municipalities may continue to maintain and regulate the facilities. The requirements of this section for the construction or expansion of a facility near an existing private campground do not apply to a municipality that leases camping and tourist accommodation facilities from the state which were in existence prior to January 1, 2017.