TITLE 11
PLANNING, ZONING AND HOUSING PROGRAMS
Chapter
01 State Planning [Repealed]
01A Environmental Impact Of Governmental Actions [Transferred]
02 County Planning And Zoning
03 Platting Of Townsites, Additions And Subdivisions
04 Municipal Planning And Zoning
05 Restrictive Contracts And Declarations
06 Comprehensive City Planning
07 County And Municipal Housing And Redevelopment
07A Municipal Powers In Aid Of Housing And Development
08 Urban Renewal
09 Tax Increment Financing Districts
10 Building Codes And Standards
11 South Dakota Housing Development Authority
12 Adult Oriented Business
13 South Dakota Housing Opportunity Fund
14 Airport Zoning
15 South Dakota Housing Infrastructure Fund
11-1-1 to 11-1-2.1. Repealed.
11-1-3 to 11-1-5.1. Repealed.
11-1-6 to 11-1-14. Repealed.
11-1-15 Repealed.
11-1-16 to 11-1-19. Repealed.
CHAPTER 11-2
COUNTY PLANNING AND ZONING
11-2-1 Definition of terms.
11-2-1.1 Aggrieved persons--Requirements.
11-2-2 Appointment of county planning commission--Number of members--Acting as zoning commission.
11-2-3 Term of office of appointed commission members--Removal for cause--Ex officio members.
11-2-3.1 Meetings of planning commission.
11-2-3.2 Per diem and expenses of commission.
11-2-3.3 Information furnished by public officials--Examinations and surveys--General powers of commission.
11-2-4 Employment of planning staff--Contracts for planning services.
11-2-5 Joint planning by counties--Sharing of expenses--Objectives of joint planning.
11-2-6 Grants from and agreements with federal and state agencies.
11-2-7 Contracts to provide planning and zoning services to municipalities--Municipal powers exercised by county board.
11-2-8 Joint county-municipal planning activities--County planning commission as municipal planning commission.
11-2-9 Funds, equipment, and accommodations provided by county--Expenses of planning commission members.
11-2-10 Temporary zoning controls--Purpose--Notice and public hearing required--Duration of controls--Renewal.
11-2-10.1 Injunction available against temporary zoning control--Grounds for injunction.
11-2-11 Preparation of comprehensive county plan and official controls--Municipalities included.
11-2-12 Purposes of comprehensive county plan.
11-2-13 Adoption of zoning ordinance.
11-2-14 Division of county into zoning districts--Matters regulated--Special considerations.
11-2-15 Highway, road and street maps--Features included--Setbacks.
11-2-16 Maps for public buildings and facilities--Protection of future sites.
11-2-17 Land development and subdivision regulations--Dedications for public purposes.
11-2-17.1 Permanent subdivision ordinances enacted by county commissioners--Counties with comprehensive plans exempted--Notice and hearing requirements.
11-2-17.2 11-2-17.2. Repealed by SL 2004, ch 101, § 8
11-2-17.3 Conditional use of real property--Ordinance--Content--Approval or disapproval.
11-2-17.4 Conditional use defined.
11-2-17.5 Special permitted uses.
11-2-17.6 Special permitted uses--Exceptions.
11-2-17.7 Conditional use application--Impact on neighboring land.
11-2-17.8 Zoning determination--Well.
11-2-18 Planning commission hearings--Notice--Recommendations.
11-2-19 Publication of notice of hearing.
11-2-20 Action upon comprehensive plan by resolution or ordinance--Majority vote of board required.
11-2-20.1 Coordinating comprehensive plan with federal resource management plans.
11-2-21 Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection.
11-2-22 Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.
11-2-22.1 Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters.
11-2-23 11-2-23. Repealed by SL 2000, ch 69, § 16
11-2-24 Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval.
11-2-24.1 Approval by failure of planning commission to act in time--Exception if longer period granted.
11-2-25 Enforcement provided by county commissioners.
11-2-25.1 11-2-25.1. Repealed by SL 2000, ch 69, § 18
11-2-26 Continuance of nonconforming uses permitted--Discontinuance.
11-2-27 Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses.
11-2-28 Changes in comprehensive county plan--Initiation by board or petition of landowners.
11-2-28.1 Petition by individual landowner for change in zoning--Notice to abutting and adjoining landowners--Notice to county auditor of adjacent county.
11-2-28.2 Public hearing on petition by landowners--Consideration and recommendation by county planning commission.
11-2-28.3 Sign to notify public about petition and hearing on zoning change or conditional use permit.
11-2-29 Hearing on proposed change--Notice.
11-2-30 Adoption or rejection by board--Publication--Referendum provisions applicable.
11-2-31 Preparation by county commission of municipal plans and ordinances--Adoption by municipality.
11-2-32 Municipal planning and zoning powers unimpaired--Area of joint zoning authority.
11-2-33 11-2-33. Repealed by SL 1982, ch 86, § 77
11-2-34 Injunction proceedings to prevent or abate violations.
11-2-35 Mandamus proceedings instituted by taxpayer.
11-2-36 11-2-36. Repealed by SL 2000, ch 69, § 43
11-2-37 Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted.
11-2-37.1 Proposed special zoning area defined.
11-2-38 Survey and map of territory to be zoned--Affidavit.
11-2-39 11-2-39. Repealed by SL 2011, ch 69, § 3
11-2-40 Public examination of survey and map.
11-2-41 Verified petition--Signatures required--Filing--Proposal by board resolution--Notice--Hearing.
11-2-42 Order declaring territory a special zoning area with voters' assent--Notice of election.
11-2-43 Notice by publication and by posting.
11-2-44 Voting hours.
11-2-45 Judges of election appointed--Election costs and supplies.
11-2-46 Form of ballot--Majority vote required.
11-2-47 Verified statement of number of ballots and votes--Hearing on board proposal--Order incorporating special zoning area.
11-2-47.1 Referendum on incorporation of special zoning area.
11-2-47.2 Special zoning area commission or planning and zoning commission to have jurisdiction.
11-2-47.3 Special zoning area commission member appointment--Terms--Removal.
11-2-48 County funds authorized for payment of costs.
11-2-49 Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.
11-2-50 Board of adjustment--Composition--Vacancies--Alternates.
11-2-51 Meetings of board of adjustment--Powers of chair--Meetings public.
11-2-52 Minutes of board meetings--Filing--Destruction of records.
11-2-53 Board of adjustment--Powers.
11-2-54 Board of adjustment--Rules.
11-2-55 Appeals--Notice--Records transmitted--Expedited process.
11-2-56 Stay of proceedings pending appeal--Exceptions.
11-2-57 Public hearing of appeal--Notice.
11-2-58 Decisions of board.
11-2-59 Reversal--Two-thirds majority vote.
11-2-60 County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.
11-2-61 Petition to court contesting decision of board--Requirements.
11-2-61.1 Appeal of grant or denial of conditional use permit.
11-2-62 Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.
11-2-62.1 Expedited determinations.
11-2-63 Board may return certified copies of papers--Grounds of decision set forth.
11-2-64 Court may take evidence.
11-2-65 Court may reverse or affirm decision of board--Costs.
11-2-65.1 Special permitted use, conditional use, variance--Expiration--Enforceability.
11-2-66 Cement Plant Commission property zoned as private business.
11-3-1
Townsite or subdivision survey and plat required--Contents.
11-3-1.1
Definition of terms.
11-3-2
Corner markers to be planted--Marking on plat.
11-3-3
Numbering of lots--Length and angle of lines to be shown on plat--Curves.
11-3-4
Certification, acknowledgment and recording of plats.
11-3-5
Repealed.
11-3-6
Municipal approval for adjoining addition or subdivision--Conformity to
existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.
11-3-7
Naming of additions and subdivisions.
11-3-8
County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial.
11-3-8.1
Protection of water from subdivision sewage.
11-3-8.2
Liability of developer for sewage pollution.
11-3-9
Director of equalization to receive copy of plat--Treasurer's certificate of tax
payment to be attached.
11-3-10
Sizes of plats filed with register--Materials used.
11-3-11
Register's recording fee--Acceptance by governing body 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.
11-3-12.1
Approval of access to street or highway prerequisite to filing plat.
11-3-12.2
Promulgation of rules for approval of access to state highways.
11-3-13 to 11-3-15.
Repealed.
11-3-16
Vacation of plat before sale of lots--Recording of instrument--Vacation by
joinder of owners of lots sold.
11-3-17
Vacation of part of plat--Closing of public highways not authorized--Inclosure
of public grounds adjoining lots.
11-3-18
Register of deeds to mark vacated plat--Reference to instrument of vacation.
11-3-19
Validation of prior vacations by instrument--Deadline for enforcing rights--Notice of pendency.
11-3-20
General procedure for vacation of plats--Supplemental to vacation by
instrument.
11-3-20.1
Vacation procedure within planning commission jurisdiction.
11-3-20.2
New plat vacating prior plats--References to prior plats.
11-3-20.3
Information required for vacation and replatting.
11-3-20.4
Recording of new plat on approval--Vacation of prior plats.
11-3-21
Repealed.
11-3-21.1
Filing of petition for vacation of plat--Contents.
11-3-22
Repealed.
11-3-22.1
Setting of time and place for hearing on petition--Notice by publication.
11-3-23
Repealed.
11-3-23.1
Grant of petition by board of county commissioners--Payment of property
taxes.
11-3-24
Repealed.
11-3-24.1
Filing and recording of decision.
11-3-25
Repealed.
11-3-26 Replatting after vacation of plat.
CHAPTER 11-4
MUNICIPAL PLANNING AND ZONING
11-4-1 Regulatory powers of municipality.
11-4-1.1 Definition of terms.
11-4-2 Division of municipality into districts--District regulations--Uniformity within district.
11-4-3 Comprehensive plan required--Purposes of plan--Factors considered in regulations.
11-4-3.1 Temporary zoning ordinance--Adoption--Purpose--Hearing and notice--Duration and renewal.
11-4-4 Notice and hearing of proposed zoning ordinance required.
11-4-4.1 Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request.
11-4-4.2 Conditional use defined.
11-4-4.3 Process for certification of special permitted uses upon meeting specified criteria.
11-4-4.4 Sign to notify public about petition and hearing on zoning change or conditional use permit.
11-4-4.5 Special permitted uses--Exceptions.
11-4-4.6 Conditional use application--Impact on neighboring land.
11-4-5 Reading, passage and publication of ordinance--Protest by landowners in district--Flood plain ordinance not subject to protest.
11-4-6 Conflict with other regulations--More stringent regulations govern.
11-4-7 Proceedings by municipal authorities to prevent violation of regulations.
11-4-8 Changes in regulations--Notice and procedure.
11-4-9 Requiring consent of landowners to change in zoning ordinance.
11-4-10 Referendum and protests against changes in zoning ordinance.
11-4-11 Appointment of planning and zoning commission--Same as city planning and zoning commission.
11-4-11.1 Governing body as planning and zoning commission.
11-4-12 Planning and zoning commission--Hearings and notice--Final recommendation.
11-4-13 Board of adjustment to be provided--Planning and zoning commission as adjustment board--Power to grant variances.
11-4-14 Appointment and terms of board of adjustment other than commission--Removal--Vacancies--Alternates.
11-4-15 Meetings of board of adjustment--Administration of oaths and attendance of witnesses.
11-4-16 Minutes and records of board of adjustment--Destruction of records.
11-4-17 Powers of board of adjustment.
11-4-18 Rules of board of adjustment.
11-4-19 Appeal to board of adjustment--Notice of appeal--Records transmitted--Expedited process.
11-4-20 Stay of proceedings pending appeal--Exceptions.
11-4-21 Notice and hearing by board of adjustment--Hearing open to public.
11-4-22 Decisions of board.
11-4-23 Vote required.
11-4-24 Governing body acting as board of adjustment--Chairman of board--Vote required for reversal, exception or variance.
11-4-25 Petition to court contesting decision of board.
11-4-25.1 Appeal of grant or denial of conditional use permit.
11-4-25.2 Expedited determinations.
11-4-26 Writ of certiorari to review decision of board--Time of return--Restraining order to stay proceedings.
11-4-27 Certified copies returned on certiorari--Contents of return.
11-4-28 Evidence heard by court on certiorari--Referee.
11-4-29 Disposition by court on certiorari--Costs.
11-4-29.1 Special permitted use, conditional use, variance--Expiration.
11-4-30 Cement Plant Commission property zoned as private business.
CHAPTER 11-5
RESTRICTIVE CONTRACTS AND DECLARATIONS
11-5-1 Buildings, space requirements, and uses subject to regulation and restriction by declaration or contract of landowners in first or second class municipality.
11-5-2 Execution, filing and recording of declaration or contract of landowners--Homestead.
11-5-3 Remedies for enforcement of declaration or contract--Action maintained by first or second class municipality.
11-5-4 Duration of restrictions by declaration or contract.
11-5-5 Superior right of first or second class municipality to exercise zoning powers.
11-5-6 Revocation of declaration or contract--Execution by successor in interest required--Approval by municipal governing body required.
11-5-7 Flag--Display.
11-5-8 Flagpole--Display.
11-5-9 Firearms regulation--Homeowner association restriction unenforceable.
11-5-10 Online management and communication platform permitted.
11-5-11 Modification of a restrictive covenant--Two-thirds vote.
CHAPTER 11-6
COMPREHENSIVE CITY PLANNING
11-6-1 Definition of terms.
11-6-2 Planning and zoning commission required in municipality--Comprehensive plan to be effected.
11-6-3 Contract for county planning and zoning services--Fees--Powers of county commission--Designation of planning commission--Contracts for special services.
11-6-4 11-6-4. Repealed by SL 1995, ch 49, § 22
11-6-4.1 Temporary addition to planning commission of resident of affected outside area.
11-6-4.2 11-6-4.2. Repealed by SL 2003, ch 77, § 2
11-6-5 11-6-5, 11-6-6. Repealed by SL 1995, ch 49, §§ 23, 24
11-6-7 Employees appointed by city council--Contracts for special services.
11-6-8 Information furnished by public officials--Examinations and surveys--General powers of commission.
11-6-9 Expenditures of planning and zoning commission--Funds, equipment and accommodations.
11-6-10 Territorial extent of powers granted by chapter--Electrical service areas not affected.
11-6-11 Territorial extent of general zoning powers--Express provision as to extraterritorial operation--Division of overlapping extraterritorial zones.
11-6-12 Zoning regulations in joint jurisdictional areas--Public hearing--Recommendation of each planning commission.
11-6-12.1 Joint meeting to act on recommendations--County concurrence required for municipal extraterritorial powers--Petition for relinquishment of zoning jurisdiction.
11-6-13 11-6-13. Repealed by SL 1975, ch 116, § 24
11-6-13.1 11-6-13.1. Repealed by SL 2003, ch 77, § 7
11-6-13.2 Referendum applicable--Time of election on referred measures.
11-6-14 Preparation of comprehensive plan for municipal development--Contents of plan--Changes or additions.
11-6-15 Surveys and studies in preparation of comprehensive plan--Purposes of plan.
11-6-16 Plan proposed as a whole or in part.
11-6-17 Public hearing required before recommendation of plan to council--Notice--Submission.
11-6-18 Vote required for adoption of plan--Notice and hearing--Reference to maps and descriptive matters--Signature of mayor--Ordinance subject to publication and protest provisions.
11-6-18.1 Filing of action adopting comprehensive plan.
11-6-18.2 Summary of city council action to be published--Notice of public inspection.
11-6-18.3 Referendum applicable to comprehensive plan--Revision of rejected plan--Adoption.
11-6-19 11-6-19 to 11-6-23. Repealed by SL 2010, ch 71, §§ 1 to 5.
11-6-24 Recommendation and adoption of building and setback regulations--Public hearing and notice required.
11-6-25 Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.
11-6-26 Subdivisions outside municipal corporate limits not approved pursuant to § 11-3-6.
11-6-26.1 Review and recommendation by county commission when land subject to joint municipal-county jurisdiction--Vote of city council required upon disapproval by county commission--Board may designate county official to make recommendation to city coun...
11-6-27 Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required.
11-6-28 Streets and utilities covered by subdivision regulations--Provision for tentative approval of plats.
11-6-29 Bond for completion of subdivision work--Remedies for enforcement of bond.
11-6-30 Special assessment provisions in lieu of bond for completion of subdivision work.
11-6-31 Subdivision plats or replats to be submitted to planning commission--Recommendation to council.
11-6-32 Time allowed for approval or disapproval of plat--Plat deemed approved in absence of action--Ground of disapproval stated.
11-6-33 Dedication not accepted by approval of plat.
11-6-34 Register of deeds not to record plat unless approved by city council or other designated official.
11-6-35 Sale, transfer, or negotiation to sell lots before approval and recording of plat as petty offense--Injunction.
11-6-36 Approved plat required for street or utility work after attachment of platting jurisdiction.
11-6-37 Street construction specifically authorized by ordinance--Vote required to overrule planning commission.
11-6-38 Buildings prohibited on unapproved streets--Injunction action available.
11-6-39 Continuation of lawful uses existing when zoning ordinance adopted--If nonconforming use discontinued one year, subsequent use must conform.
11-6-40 Platting of certain land required.
11-6-40.1 Transfer of ownership plat.
11-6-41 Sign to notify public about petition and hearing on zoning change or conditional use permit.
11-7-1
Definition of terms.
11-7-2
"Slum area" defined.
11-7-3
"Blighted area" defined.
11-7-4
"Housing project" defined.
11-7-5
"Redevelopment project" defined.
11-7-6
"Redevelopment plan" defined--Purposes of plan.
11-7-7
Housing and redevelopment commissions created--Findings and declaration of need
required before exercise of powers.
11-7-7.1
Joint agreements between municipal and county commissions.
11-7-7.2
Dissolution of municipal commission to participate in county commission--Transfer
of rights, property, and obligations.
11-7-8
Factors considered in determining adequacy of dwelling accommodations.
11-7-9
Publication of notice and hearing on resolution to activate housing and
redevelopment commission--Publication as ordinance.
11-7-10
Filing of resolution activating commission--Resolution conclusive as to powers of
commission.
11-7-11
Composition of commission--Certain public officers and employees ineligible.
11-7-12
Appointment and terms of commissioners--Vacancies.
11-7-13
Tenure of commissioners--Certificate of appointment.
11-7-14
Removal of commissioner from office--Notice and hearing--Suspension pending
final action--Record of proceedings.
11-7-15
Quorum of commission--Officers--Rules--Meetings open to public.
11-7-16
Expenses of commissioners--Per diem.
11-7-17
Commission as body corporate--General powers--Taxing and special assessment
power denied.
11-7-18
Commission power to sue and be sued--Seal--Perpetual succession--Rules and
regulations.
11-7-19
Director, officers, and employees of commission--Legal services--Services of local
public bodies.
11-7-20
Delegation of powers and duties by commission.
11-7-21
Power to undertake, carry out, operate, construct, and repair projects.
11-7-21.1
Power to manage subsidized housing projects.
11-7-22
Power to acquire property--Eminent domain power.
11-7-22.1
Acquisition of private property by eminent domain for certain uses prohibited.
11-7-22.2
Certain transfers of property acquired by eminent domain prohibited without prior
resale offer to original owner or heirs.
11-7-23
Power to lease or dispose of property--Contracts and instruments.
11-7-24
Acquisition of property devoted to prior public use--Approval by governing body
required--Increase in value arising from project not considered in awarding
compensation.
11-7-25
Voluntary acquisition of project property by commission member or employee
prohibited--Disclosure of interest--Violation as misdemeanor.
11-7-26
Payments in lieu of taxes on property.
11-7-27
Cooperation with federal government or state in carrying out projects.
11-7-28
Acceptance of grants and loans--Power to make loans.
11-7-29
Compliance with conditions for federal aid--Conveyance to federal government on
default.
11-7-30 Power to issue evidences of indebtedness.
11-7-31 Power to invest reserve and debt service funds.
11-7-32 Power to determine slum and blighted areas.
11-7-33 Power to establish income standards for admission to housing projects.
11-7-34 Power to make and disseminate housing and economic studies and analyses.
11-7-35 Power to prepare plan for municipal or county development.
11-7-36 Power to rent accommodations, buildings, and facilities.
11-7-37 Power to hold, improve, lease, or dispose of property.
11-7-38 Power to insure property.
11-7-39 Power to obtain federal or state guaranty of bonds--Premiums.
11-7-40 Power to contract for services and facilities of other agencies--Enforcement of federal labor standard requirements.
11-7-41 Power to make expenditures.
11-7-42 Exercise of combination of powers.
11-7-43 Projects subject to zoning, sanitary, and building regulations.
11-7-44 Work contracts and purchases to be awarded on competitive bids.
11-7-45 to 11-7-48. Repealed.
11-7-49 Approval required for initiation of low-rent housing projects.
11-7-49.1 Construction of low-rent housing project by housing and redevelopment commission upon approval.
11-7-50 to 11-7-52. Repealed.
11-7-53 Approval by governing body required for low-rent housing project.
11-7-53.1 Housing development project--Necessity--Eminent domain requirements--Sale or lease of interest to private developers--Sale or lease for other purposes--Power of commission.
11-7-53.2 Approval of housing development project plan required before issuance of bonds or obligations.
11-7-53.3 Competitive bidding on construction of housing development project.
11-7-54, 11-7-55. Repealed.
11-7-56 Purchase or lease of existing buildings in lieu of new construction for housing project.
11-7-57 Conditions required for purchase or lease of existing buildings for housing project.
11-7-58 Low-rent policy--Operation of housing projects for profit prohibited--Costs to be covered by rentals.
11-7-59 Income and accommodation standards in selection of tenants and rental of housing projects.
11-7-60 Noncitizens not accepted as tenants in housing projects.
11-7-61 Religious and political discrimination prohibited in selection of tenants.
11-7-62 Preference in rental to persons displaced by commission operations.
11-7-63 Preference in rentals to servicemembers and veterans.
11-7-64 Welfare recipients considered for admission to housing projects.
11-7-65 Periodic investigation of circumstances of tenants in housing projects.
11-7-66 Conditions waived in admitting servicemembers and veterans to housing projects.
11-7-67 Families with increased income required to move from project.
11-7-68 Rules and regulations for occupancy of housing projects.
11-7-69 Commission liable in contract or tort--Personal liability of commission members.
11-7-70 Commission property exempt from judicial process--Mandamus to enforce payment of judgment--Rights of obligees preserved.
11-7-71 Receivership remedy preserved for obligee on housing project--Acquisition of redevelopment property on default by purchaser or lessee.
11-7-72 Commission property exempt from taxes and special assessments--Exemption terminated on transfer to private ownership--Utility and service charges payable.
11-7-73 Annual statement to director of equalization of shelter rentals on housing project--Percentage of rentals paid in lieu of taxes--Distribution of payments to governmental units.
11-7-74 General development plan required before recommendation of redevelopment plan.
11-7-75 Initiation of redevelopment plans--Submission to and recommendations by planning agency.
11-7-76 Recommendation of redevelopment plan to governing body--Statements to accompany redevelopment plan.
11-7-77 Notice and hearing by governing body on redevelopment plan--Decision by governing body.
11-7-78 Findings of governing body required for approval of redevelopment plan.
11-7-79 Resubmission to governing body of modified redevelopment plan--Recommendation and approval conclusive of public need.
11-7-80 Lease or transfer of real property in redevelopment project--Price of lease or sale--Appraisal.
11-7-81 Retention of redevelopment property for housing project--Housing funds transferred to redevelopment funds.
11-7-82 Terms of lease or sale of redevelopment property--Development to be carried out by lessee or purchaser--Security provisions--Rental charges to tenants.
11-7-83 Commission consent required for grant or assignment of lessee's or purchaser's interest in redevelopment property--Agreements required of grantee or assignee.
11-7-84 Modification of redevelopment plans--Consent of lessee or purchaser required.
11-7-85 Performance bond required of purchaser or lessee of redevelopment property.
11-7-86 Notice and forfeiture on failure of purchaser or lessee to carry out required development--Repossession and completion of work by commission.
11-7-87 Estimate of costs and proceeds of redevelopment projects--Sufficiency of proceeds and public grants required--Capitalization of estimated revenues.
11-7-88 Sale or lease for variety of uses as purpose of redevelopment.
11-7-89 Local public funds used for redevelopment only to extent not available from other sources.
11-7-90 Commission power to issue bonds and obligations--Housing projects and redevelopment projects kept separate.
11-7-91 Provision for project revenues to be placed in debt service funds.
11-7-92 Commission power to issue bonds--Refunding bonds.
11-7-93 Income and revenues from which bonds payable--Additional pledge of other funds or assets.
11-7-94 Conditions and covenants of bonds.
11-7-95 Submission of bonds for examination by attorney general--Certification of validity.
11-7-96 Issuance of bonds--Maturity dates--Interest rate--Denominations--Registration--Redemption provisions--Signatures.
11-7-97 Private or public sale of bonds--Notice of sale.
11-7-98 Validity of signatures on bonds--Negotiable investment securities.
11-7-99 Tax exemption of bonds.
11-7-100 Recital in bond conclusive as to purpose.
11-7-101 Remedies conferred on bondholders by terms of bond.
11-7-102 Investment in bonds authorized for public funds, financial institutions, trusts, and fiduciaries.
11-7-103 Acceptance of federal loans and grants authorized--Compliance with conditions.
11-7-104 Mandamus available to obligee of commission--Injunction.
11-7-105 Commissioners not personally liable on bonds--Public debt not created--Debt limitations not applicable.
11-7-106 Commission accounts and annual report to auditor-general and governing body.
11-7-107 Investigations and examinations by auditor-general.
11-7-108 Enforcement of compliance with chapter and rules and regulations.
11-7-109 Citation of chapter.
11-7A-1
Definition of terms.
11-7A-2
Municipal powers in implementation of certain public projects.
11-7A-3
Restrictions on municipal financing of redevelopment and housing projects--Sources
of funds used.
11-7A-4
Supplemental nature of powers.
11-7A-5
Short title of law.
11-7A-6
Municipal acquisition of federal housing projects--Sources of funds used.
11-7A-7
Approval required for municipal projects.
11-7A-8
Rebate of municipal property taxes to further housing goals.
11-8-1
Definition of terms.
11-8-2
"Slum area" defined.
11-8-3
"Blighted area" defined.
11-8-4
"Urban renewal area" defined.
11-8-5
"Urban renewal project" defined.
11-8-6
"Urban renewal plan" defined.
11-8-7
Legislative findings and declaration of necessity.
11-8-8
Findings and declaration of necessity required of governing body before exercise
of authority.
11-8-9
Formulation of municipal program for urban renewal--Elements included in
program.
11-8-10
Maximum opportunity to private enterprise as objective--Objective considered
in implementation of program.
11-8-11
Discrimination prohibited.
11-8-12
Master plan required before approval of urban renewal plans--Adoption of master
plan.
11-8-13
Finding of slum area or blighted area required before approval of project.
11-8-14
Initiation of urban renewal plans--Submission to and recommendations by
planning commission--Time allowed for review.
11-8-15
Notice and hearing by governing body on urban renewal plan.
11-8-16
Findings required for approval of urban renewal project by governing body.
11-8-17
Findings required for approval of urban renewal project in open area.
11-8-18
Requirements waived for rehabilitation of disaster area.
11-8-19
Modification of urban renewal plan--Rights of lessee or purchaser protected.
11-8-20
Plan or modification effective on approval by governing body.
11-8-21
Necessary powers granted to municipality.
11-8-22
Municipal power to carry out projects and related activities--Contracts and
instruments--Dissemination of information.
11-8-23
Municipal power to make urban renewal inspections and surveys--Property
powers.
11-8-24
Municipal power to develop plans--Demonstration projects.
11-8-25
Acquisition and demolition of property prior to approval of plan--Losses when
property not incorporated in project.
11-8-26
Relocation assistance and payments to persons displaced from urban renewal
area.
11-8-27
Changes in streets and public places--Replanning.
11-8-28
Arrangement for services, repairs, and construction--Enforcement of federal labor
standard requirements.
11-8-29
Municipal appropriations and expenditures--Levy of assessments--Zoning--Agreements with urban renewal agency.
11-8-29.1
Appropriations by municipality to finance projects.
11-8-30
Acceptance of loans and grants--Agreement to conditions of federal assistance.
11-8-31
Investment of reserve and debt service funds--Redemption of bonds.
11-8-32
Coordination of urban renewal activities--Organization of municipal government.
11-8-33
Combination of powers exercised by municipality.
11-8-34
Power of public bodies to assist in urban renewal projects--Enforcement of
agreements by successor to municipality.
11-8-35 Municipal power to assist as public body.
11-8-36 Appraisal and advertising not required before conveyance, lease or agreement by public body.
11-8-37 General obligation bonds issued by municipality to aid urban renewal project--Laws applicable.
11-8-38 Municipal election to delegate powers to urban renewal agency--Exercise of powers through other officers.
11-8-39 Powers reserved to governing body on delegation to urban renewal agency.
11-8-40 Urban renewal agency created--Finding and election required before exercise of powers.
11-8-41 Appointment and terms of office of commissioners of urban renewal agency.
11-8-42 Commissioners and urban renewal officers not to hold other public office.
11-8-43 Reimbursement of expenses of commissioners--Tenure of office--Certificate of appointment.
11-8-44 Removal of commissioner from office--Notice and hearing.
11-8-45 Urban renewal agency powers exercised by commissioners--Quorum--Majority required for action--Residence of commissioners.
11-8-46 Chairman and vice-chairman of urban renewal agency--Employment of director and personnel--Legal assistance.
11-8-47 Annual report by urban renewal agency to governing body--Contents--Publication of notice of filing.
11-8-48 Accounts of urban renewal agency--Annual report to auditor-general and governing body.
11-8-49 Investigations and examinations by auditor-general--Enforcement of compliance by attorney general.
11-8-50 Eminent domain power for urban renewal--Property devoted to prior public use.
11-8-51 Evidence of unlawful uses and substandard conditions admissible on question of damages in eminent domain proceedings.
11-8-52 Voluntary acquisition of urban renewal property by commissioner or agency employee prohibited--Disclosure of involuntary acquisition--Violation as misconduct in office.
11-8-53 Disclosure by urban renewal official or employee of interest in property involved--Disqualification from participation in agency action--Violation as misconduct in office.
11-8-54 Temporary operation and maintenance of urban renewal property by municipality.
11-8-55 Lease or transfer of property for urban renewal development--Covenants and conditions--Approval by governing body.
11-8-56 Property transferred as rapidly as feasible.
11-8-57 Fair value of property leased, transferred or retained--Factors considered in determining fair value.
11-8-58 Negotiated sale of urban renewal property--Advertising and invitation for proposals.
11-8-59 Restriction on lease or reconveyance in conveyance to purchaser or lessee of urban renewal property.
11-8-60 Municipal conveyance conclusively presumed valid.
11-8-61 Recording of urban renewal plan and contract for transfer of property.
11-8-62 Formalities waived in disposition of property acquired prior to approval of plan.
11-8-63 Disposition of urban renewal property for resale by public body or nonprofit corporation--Purchaser or lessee required to develop.
11-8-64 Tax exemption of urban renewal property--Termination of exemption on transfer to private purchaser or lessee.
11-8-65 Exemption from judicial process of urban renewal property--Remedies of obligees preserved.
11-8-66 Power to issue bonds for urban renewal projects--Refunding bonds.
11-8-67 Income and revenues from which bonds payable--Additional security for payment of bonds.
11-8-68 Resolution or ordinance authorizing bonds.
11-8-69, 11-8-70. Repealed.
11-8-71 Bonds not subject to debt limitation.
11-8-72 Tax exemption of bonds.
11-8-73 Recital in bond conclusive of purpose and validity.
11-8-74 Investment in bonds authorized for financial institutions, trusts, fiduciaries and public deposits.
11-8-75 Chapter controlling and supplemental to other laws.
11-8-76 Severability of chapter and applications.
11-8-77 Repealed.
CHAPTER 11-9
TAX INCREMENT FINANCING DISTRICTS
11-9-1 Definition of terms.
11-9-2 Powers of political subdivision.
11-9-3 Planning commission hearing on creation of district--Notice.
11-9-4 Recommendation by planning commission for creation of district--Designation of boundaries.
11-9-5 Governing body resolution creating district--Boundaries--Name.
11-9-6 Districts with overlapping boundaries permitted.
11-9-7 Repealed.
11-9-8 Required findings in resolution creating district.
11-9-9 Areas conducive to disease or crime defined as blighted.
11-9-10 Developed areas impairing growth defined as blighted.
11-9-11 Repealed.
11-9-12 Determination of tax increment base on creation of district or amendment of plan.
11-9-13 Project plan for each district--Contents.
11-9-14 Project costs defined--Administrative fee required.
11-9-15 Items included in project costs.
11-9-16 Additional contents of project plan.
11-9-17 Governing body resolution approving project plan--Findings.
11-9-18 Amendment to project plan--Procedure.
11-9-19 Tax increment base defined.
11-9-20 Determination of tax increment base of district.
11-9-20.1 Aggregate assessed value for district not in compliance with § 10-6-121.
11-9-21 Indication on assessment rolls of parcels within district.
11-9-22 Presumption as to property recently acquired or leased by municipality.
11-9-23 Redetermination of tax increment base when project costs increased by amendment of plan.
11-9-24 Annual notice by department of assessed value of real property and tax increment base--Change in laws not to result in lower assessed values--Conditions.
11-9-25 Allocation to municipality of tax increments--Duration of allocation.
11-9-26 Tax increment defined.
11-9-27 Taxation of property in district.
11-9-28 Payment to political subdivision of allocable tax increment.
11-9-29 11-9-29. Repealed by SL 1983, ch 37, § 9
11-9-30 Methods of paying project costs.
11-9-31 Tax increments deposited in special fund--Appropriations to fund--Investment of moneys in fund.
11-9-32 Permissible uses of special fund.
11-9-33 Bonds authorized for payment of project costs.
11-9-34 Bonds or contracts authorized by resolution.
11-9-35 Maximum amount of bonds--Maturity--Redemption--Bearer or registered--Denominations.
11-9-36 Bonds payable only from special fund.
11-9-37 Pledge of special fund to bonds--Restrictions on use of fund--Lien.
11-9-38 Bonds to be negotiable and payable only from tax increment.
11-9-39 Other security and marketability provisions.
11-9-39.1 State pledge not to alter rights vested in bondholders until bonds fully discharged.
11-9-40 Sale of bonds.
11-9-41 Procedure for condemnation under power of eminent domain.
11-9-42 Tax increments not to be used for residential structures.
11-9-43 Performance bond required of purchaser or lessee of property.
11-9-44 Notice to purchaser or lessee and surety of noncompliance with contract--Taking possession of work site.
11-9-45 Disposition of funds remaining after payment of project costs and bonds.
11-9-46 Termination of district.
11-9-47 11-9-47. Repealed by SL 1982, ch 16, § 14
11-9-48 District reports published on department website.
CHAPTER 11-10
BUILDING CODES AND STANDARDS
11-10-1 11-10-1 to 11-10-4. Repealed by SL 2011, ch 72, §§ 1 to 4.
11-10-5 New construction standards--Building code ordinance.
11-10-6 New construction standards--No building code ordinance.
11-10-7 Energy conservation code adopted as voluntary standard for new residential buildings.
11-10-8 Disclosure of information regarding energy efficiency of residential building to buyer or prospective buyer--Time for providing form.
11-10-9 Alternative disclosure of information required by federal law.
11-10-10 Builder's energy efficiency disclosure statement.
11-10-11 Property maintenance--Local ordinance--Required standards--Modifications.
11-10-12 Enactment of standards of International Residential Code--Sprinkler system--Not Required.
11-10-13 Commission of building codes--Establishment--Membership.
11-10-14 Use of acceptable refrigerant permitted--Qualification.
CHAPTER 11-11
SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY
11-11-1 Legislative findings.
11-11-2 Declaration of necessity for development authority.
11-11-3 Powers necessary for development authority.
11-11-4 Declaration of public purposes and public interest.
11-11-5 Definition of terms.
11-11-5.1 Repealed by SL 2012, ch 78, § 2.
11-11-6 Developments and projects subject to chapter.
11-11-7 Sponsors eligible under chapter.
11-11-8 11-11-8. Repealed by SL 1983, ch 106, § 4G
11-11-9 Costs covered by chapter.
11-11-10 Development authority established--Administrator of federal housing program.
11-11-11 Reporting to Governor's Office of Economic Development.
11-11-12 Appointment of commissioners--Political affiliations.
11-11-13 State officers and employees eligible as commissioners.
11-11-14 Corporate officers and employees eligible as commissioners--Abstention on conflict of interests.
11-11-15 Terms of office of commissioners--Vacancy--Restrictions on reappointment.
11-11-16 Surety bonds of commissioners and executive director--Blanket bond--Payment of cost.
11-11-17 Removal of commissioner from office.
11-11-18 Officers of commissioners.
11-11-19 Meetings of commissioners--Quorum--Majority required for action.
11-11-20 Compensation of commissioners.
11-11-21 Executive director--Appointment and duties--Other personnel.
11-11-22 Salaries.
11-11-23 Benefits of state employees provided.
11-11-24 Records maintained by secretary--Certified copies--Publication of resolutions.
11-11-25 Powers of local commissions conferred upon authority--Approval by local governing body required--Cooperation with local commissions.
11-11-26 Power to carry out chapter.
11-11-27 Power to sue and be sued--Seal--Perpetual succession--Office.
11-11-28 Consolidation of processing for developments and projects.
11-11-29 Policy favoring private business firms.
11-11-30 Bylaws, rules, and regulations.
11-11-31 Research and development.
11-11-32 Repealed by SL 2012, ch 78, § 15.
11-11-33 Advice and technical assistance to developments, projects and residents.
11-11-34 Cooperation with federal and other governmental agencies.
11-11-35 Repealed by SL 2012, ch 78, § 18.
11-11-36 Execution of necessary instruments.
11-11-37 Acceptance of legislative appropriations--Purposes to which applied.
11-11-38 Annual informational budget required--Inclusion in Governor's budget report.
11-11-39 Acceptance of grants and contributions--Purposes to which applied.
11-11-40 Residual powers of authority.
11-11-41 Power to borrow and issue evidence of indebtedness.
11-11-42 Financing, reserves, and incidental costs included in amounts borrowed.
11-11-43 Issuance of notes and bonds--Purposes for which used.
11-11-44 Repealed by SL 2012, ch 78, § 24.
11-11-45 Qualified private activity bonds--Maximum aggregate principal amount.
11-11-46 11-11-46. Repealed by SL 1991, ch 116, § 1
11-11-47 Authority as state issuing agency and housing credit agency.
11-11-48 Compliance with federal conditions for qualified mortgage bonds.
11-11-49 Public debt not created by authority obligations--Statement on face of obligations.
11-11-50 Refunding of notes and bonds.
11-11-51 Consent of other public agencies not required for bonds or notes--Procedural requirements of other laws not applicable.
11-11-52 Terms of notes and bonds--Maturity--Form of instruments--Interest--Redemption--Sale.
11-11-53 Notes and bonds as general obligations of authority--Exception.
11-11-54 Bond resolution provisions--Contracts with bondholders.
11-11-55 Repealed by SL 2012, ch 78, §§ 30 to 39.
11-11-65 Trust indenture to secure bonds--Contents--Expenses of trust indenture--Separate trustee not authorized.
11-11-66 Pledge binding when made--Attachment of lien.
11-11-67 Continuing validity of signatures by commissioners or officers.
11-11-68 Repealed by SL 2012, ch 78, § 41.
11-11-69 Purpose of capital reserve fund requirements.
11-11-70 Establishment of capital reserve funds--Moneys paid into funds.
11-11-71 Amount required in capital reserve fund for each year.
11-11-72 Valuation of securities held by capital reserve funds.
11-11-73 Transfer to other funds of capital reserve fund income.
11-11-74 Purposes to which moneys in reserve funds applied--Maintenance of required amount.
11-11-75 Deposit in reserve fund of bond proceeds necessary to maintain required amount.
11-11-76 Annual budget estimate for restoration of capital reserve fund--Governor's budget--Deposit of appropriated funds.
11-11-77 Other funds created by authority.
11-11-78 Purchase of authority's own bonds--Cancellation--Resale.
11-11-79 Price of bonds repurchased for cancellation.
11-11-80 Refunding obligations authorized--Application of provisions applicable to original obligations.
11-11-81 Sale or exchange of refunding obligations--Investment of proceeds pending redemption of original obligations.
11-11-82 Compliance with certain other state laws not required.
11-11-83 Appointment of trustee by bondholders after authority default.
11-11-84 Enforcement of bondholders' rights.
11-11-85 Repealed by SL 2012, ch 78, §§ 48 to 53.
11-11-91 Circuit court jurisdiction of proceedings by trustee.
11-11-92 Repealed by SL 2012, ch 78, § 55.
11-11-93 State pledge to bondholders.
11-11-94 Commissioners and executive director not personally liable.
11-11-95 Negotiability of bonds.
11-11-96 Securities regulation--Bonds treated as securities of state instrumentality.
11-11-97 Bonds as legal investments for financial institutions and fiduciaries.
11-11-97.1 Authority may contract to manage payment or interest rate risk for bonds.
11-11-98 Investment of authority funds.
11-11-99 Repealed by SL 2012, ch 78, § 61.
11-11-100 Acquisition and disposition of property.
11-11-101 Exemption of authority from taxes, recording fees and transfer taxes.
11-11-102 Contracts--Mortgage loans--Foreclosure.
11-11-103 Repealed by SL 2012, ch 78, §§ 64 to 69.
11-11-109 11-11-109. Repealed by SL 1983, ch 106, § 4L
11-11-110 Repealed by SL 2012, ch 78, §§ 70 to 72.
11-11-113 11-11-113. Repealed by SL 1983, ch 106, § 4P
11-11-114 Confidentiality of applications and financial information.
11-11-115 Applications--Signatures and certification required--Perjury.
11-11-116 Repealed by SL 2012, ch 78, § 73.
11-11-117 Construction to be substantially completed, or final insurance or guarantee certificate issued before loan disbursed.
11-11-118 Additional lending powers of authority.
11-11-119 Purchase of mortgages from mortgage lenders.
11-11-120 Purchase of securities from mortgage lenders.
11-11-121 Repealed by SL 2012, ch 78, § 75.
11-11-122 Loans to mortgage lenders for new residential mortgages.
11-11-123 Requirements for transactions with mortgage lenders.
11-11-124 Eligibility of obligations purchased from mortgage lenders for purchase or purchase commitment--Criteria.
11-11-125 11-11-125. Repealed by SL 1983, ch 106, § 4V
11-11-126 Repealed by SL 2012, ch 78, §§ 77 to 84.
11-11-134 Purchase of federally insured housing mortgages.
11-11-135 Sale or transfer of mortgage loan or obligation.
11-11-136 Repealed by SL 2012, ch 78, § 87.
11-11-137 Court actions to enforce loans or protect the public interest--Foreclosure.
11-11-138 Receiver appointed to safeguard authority's loan.
11-11-139 Reorganization of housing sponsor subject to control by authority.
11-11-140 Notice to authority before sale of real property on judgment against housing sponsor--Protective steps taken by authority.
11-11-141 Promulgation of rules regarding borrowers, admission of occupants, and ancillary commercial facilities.
11-11-142 Repealed by SL 2012, ch 78, §§ 90, 91.
11-11-144 Provisions governing loans and other financing to sponsors of multifamily units and day-care facilities.
11-11-145 Repealed by SL 2012, ch 78, §§ 92 to 95.
11-11-148 Loans restricted to sponsors meeting statutory definition.
11-11-149 Amount and amortization period of FHA loans.
11-11-150 Amount and amortization of non-FHA loans.
11-11-151 Terms and form of loans or other financing--Investment in multifamily residential housing projects and day-care facilities.
11-11-152 Interest rates on which loans made--Additional charges.
11-11-153 11-11-153. Repealed by SL 1983, ch 106, § 4CC
11-11-154 Repealed by SL 2012, ch 78, § 97.
11-11-155 Surety bonds and other assurances of payment and performance.
11-11-156 Repealed by SL 2012, ch 78, §§ 99 to 103.
11-11-161 Conditions of mortgage loan or other financing.
11-11-162 Repealed by SL 2012, ch 78, § 105.
11-11-163 Supervision of multifamily residential housing units and day-care facilities.
11-11-164 Repealed by SL 2012, ch 78, §§ 107 to 109.
11-11-167 11-11-167. Repealed by SL 1983, ch 106, § 4EE
11-11-168 Repealed by SL 2012, ch 78, §§ 110, 111.
11-11-170 11-11-170 to 11-11-174. Repealed by SL 1983, ch 106, §§ 4GG to 4KK
11-11-175 Repealed by SL 2012, ch 78, §§ 112 to 115.
11-11-179 Retirement and redemption of investments in sponsor of multifamily units and day-care facilities.
11-11-180 General power to make rules and regulations.
11-11-181 Annual report by authority to Governor and Legislature.
11-11-182 Annual audit of authority.
11-11-183 Chapter cumulative and supplemental to other laws.
11-11-184 Chapter controlling over other laws.
11-11-185 Citation of chapter.
11-11-186 Repealed by SL 2012, ch 78, §§ 117 to 119.
11-12-1
Definition of terms.
11-12-2
Location of adult oriented business restricted--Violation as misdemeanor.
11-12-3
Hours of operation of certain adult oriented businesses--Violation as misdemeanor.
11-12-4
County or municipality may regulate location.
11-12-5
County or municipality may regulate certain adult oriented businesses.
11-12-6
Action to enjoin violations.
11-13-1
Definitions.
11-13-2
South Dakota housing opportunity fund created.
11-13-3
Duties of administrative agency.
11-13-4
Eligibility for funding.
11-13-5
Eligible fund activities.
11-13-6
Geographic distribution guideline.
11-13-7
Income targeting guideline.
11-13-8
Applications for award.
11-13-9
Annual report by oversight commission.
11-14-1
Adoption or change of zoning regulations by local governing body--Public hearing--Notice.
11-14-2
Delegation of zoning administration and enforcement.
11-14-3
Board of appeals_Duties.
11-14-4
Promulgation of rules--Meetings--Witnesses--Record of proceedings.
11-14-5
Appeals to board--Time for appeal--Procedure.
11-14-6
Stay of proceedings--Exception--Restraining order.
11-14-7
Hearing of appeal--Notice of hearing.
11-14-8
Actions of board--Scope of review.
11-14-9
Board to decide by majority vote.
11-14-10
Appeal to circuit court from board of appeals--Petition--Time for petition.
11-14-11
Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining
order--Return to writ.
11-14-12
Jurisdiction of court--Further proceedings by board of appeals.
11-14-13
Findings of fact as conclusive on court--Objections not urged before board.
11-14-14
Allowance of costs.
11-14-15
Court action against violators--Injunction.
11-14-16
Acquisition of property by purchase, grant, or condemnation.
CHAPTER 11-15
SOUTH DAKOTA HOUSING INFRASTRUCTURE FUND
11-15-1 Definitions.
11-15-2 Creation--Purpose--Continuous appropriation--Payment.
11-15-3 Distribution of monies--Limitation.
11-15-4 Housing infrastructure loans--Limitation--Administrative expenses.
11-15-5 Housing infrastructure grants--Limitation--Administrative expenses.
11-15-6 Promulgation of rules.
11-15-7 Reporting.
