Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS

It shall be lawful for the owner or owners of any real property situated in any first or second class municipality within this state to regulate and restrict by declaration or contract, as provided in § 11-5-2 , the height, number of stories, and size of buildings and other struc…

It is lawful for the owner of real property exercising the power conferred by § 11-5-1 to use an online management and communication platform for the purpose of voting online notwithstanding the provisions of chapters 47-22 and 47-23 . Source: SL 2024, ch 43 , § 1.

If a declaration or contract in writing, as provided in § 11-5-2 , fails to provide a provision permitting a modification to the declaration or contract, a vote of two-thirds of the owners of real property governed by the declaration or contract is required to modify the declarat…

Any property owner desiring to exercise the powers conferred by § 11-5-1 shall enter into a declaration or contract in writing specifying the regulations and restrictions which the property owner may desire to impose upon the property owned by him. The declaration or contract sha…

After the execution, recording, and filing of any declaration or contract executed pursuant to §§ 11-5-1 and 11-5-2 , the terms and conditions of the same may be enforced by action at law or by suit in equity brought by any person possessing any interest in the land affected by s…

The restrictions authorized by §§ 11-5-1 and 11-5-2 continue in force for a period as may be prescribed in a declaration or contract but not exceeding forty years from the date of such declaration or contract. Source: SL 1925, ch 243 , § 3; SDC 1939, § 45.2612; SL 2021, ch 56 , §…

The authority granted by § 11-5-1 and any declaration or contract made thereunder, shall be subject to the right of the first or second class municipality to exercise the powers and authorities conferred under chapter 11-4 at any time the municipality may elect to exercise such a…

Any declaration or contract made pursuant to §§ 11-5-1 and 11-5-2 may be revoked and canceled only by the execution by the persons executing the same of a deed of revocation, which deed of revocation shall be acknowledged and recorded in the office of the register of deeds and a …

Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements may display one portable, removable official United States flag, not larger than four and one-half feet by six feet and may additionally display the official South Dakota State flag o…

Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements, may erect a freestanding flagpole no more than twenty feet high on any portion of the homeowner's property, if the flagpole does not obstruct sightlines at intersections and is not e…

A homeowner's association may not include or enforce a provision in a governing document that prohibits, restricts, or has the effect of prohibiting or restricting the lawful: (1) Possession, transportation, or storing of a firearm, any part of a firearm, or firearm ammunition; o…