26.34.25 101st Legislative Session 3

2026 South Dakota Legislature

Senate Bill 3

ENROLLED

An Act

ENTITLED An Act to limit the types of residential improvements for which counties, municipalities, and townships may require a permit.

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

Section 1. That a NEW SECTION be added to chapter 11-10:

Notwithstanding any authority granted to a county, municipality, or township to prescribe building codes or standards or to issue building permits, a county, municipality, or township may not require a building permit for the repair or substantially similar replacement of any of the following existing exterior parts of a detached single-family owner-occupied residential structure:

(1) Door, if the dimensions remain the same;

(2) Downspout;

(3) Fascia,

(4) Fencing panel or post;

(5) Gutter;

(6) Siding, if nonstructural;

(7) Soffit; and

(8) Window, if the dimensions remain the same.

Nothing in this section relieves a homeowner from compliance with any other applicable building code or ordinance.

A county, municipality, or township may require building permits for repairs pursuant to this section or substantially similar replacements for exterior parts of any designated historical property as authorized under chapter 1-19B.

An Act to limit the types of residential improvements for which counties, municipalities, and townships may require a permit.

I certify that the attached Act originated in the:

Senate as Bill No. 3

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 3

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2026 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2026

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State