Title 9 — MUNICIPAL GOVERNMENT

Nothing contained in this chapter limits or restricts any municipal power or authority as set forth in title 11. Source: SL 2020, ch 30 , § 13.

If the governing body deems it necessary that any sidewalk be constructed, and after plans and specifications are filed with the finance officer, the governing body shall draft a proposed resolution of necessity for the sidewalk and shall schedule a public hearing on the resoluti…

The notice of hearing on the proposed resolution of necessity shall contain the time and place of the hearing and shall state that the governing body will consider any objections to the proposed resolution by owners of the property abutting or adjoining the sidewalk proposed to b…

In addition to the published notice set forth in § 9-46-2.2 , the governing body, not less than ten nor more than twenty days before the hearing on the proposed resolution, shall cause a copy of the notice of hearing, set forth in § 9-46-2.2 , to be mailed by first class or certi…

Source: SL 1890, ch 37 , art XVI, § 20; SL 1901, ch 79 , § 1; RPolC 1903, §§ 1308, 1541; SL 1913, ch 324 ; RC 1919, § 6360; SL 1929, ch 198 ; SDC 1939, § 45.1602; SL 1987, ch 80 , § 1; SL 2020, ch 30 , § 8.

If the sidewalk is not constructed in the manner and within the time set forth in the resolution of necessity pursuant to § 9-46-2.1 , the governing body may cause the sidewalk to be constructed and make assessments for the sidewalk pursuant to §

If the governing body, pursuant to § 9-46-2.1 , deems it necessary that a sidewalk be constructed and financed in total or in part by special assessment, the procedures set forth in chapter 9-43 shall be followed. A resolution of necessity adopted pursuant to § 9-46-2.1 shall sat…

For the purposes of this chapter, the term, lot, includes tracts or other parcels of land. Source: SL 2020, ch 30 , § 12.

Source: SL 1890, ch 37 , art XVI, § 21; SL 1901, ch 75 , § 1; SL 1901, ch 79 , § 2; RPolC 1903, §§ 1309, 1542; SL 1913, ch 324 ; SL 1915, ch 110 ; RC 1919, § 6361; SDC 1939, § 45.1603; SL 1955, ch 207 ; SL 1963, ch 282 ; SL 2020, ch 30 , § 11.

Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207 ; SL 1963, ch 282 ; SL 2020, ch 30 , § 11.

Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207 ; SL 1963, ch 282 ; SL 1982, ch 60 , § 7; SL 2020, ch 30 , § 11.

Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207 ; SL 1963, ch 282 ; SL 2020, ch 30 , § 11.

Source: SDC 1939, § 45.1603 as added by SL 1963, ch 282 ; SL 2020, ch 30 , § 11. 9-46-10. Repealed by SL 1987, ch 80 , § 3.

Every municipality may construct, establish, operate, and maintain a system of waterworks and facilities in connection therewith; may regulate the distribution and use of water supplied thereby; may acquire a suitable supply of water, whether within or without the municipality; m…

Source: SL 1959, ch 278 , § 3; SDC Supp 1960, § 45.1907; SL 2021, ch 43 , § 4.

Source: SL 1959, ch 278 , § 4; SDC Supp 1960, § 45.1907; SL 2021, ch 43 , § 5.

Source: SL 1959, ch 278 , § 4; SDC Supp 1960, § 45.1907; SL 2021, ch 43 , § 6.

Repealed by SL 2012, ch 57 , § 101.

Every municipality shall have the power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any water main or mains lai…

No more than one water connection shall be made for each platted lot or for each forty - four feet of frontage of unplatted ground in the residence section, and for each twenty - two feet of frontage in the business section of the municipality, except when the abutting owner requ…

Repealed by SL 2012, ch 57 , § 102.

Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for waterworks purposes. Source: SL 1917, ch 317 ; RC 1919, § 6169 (77); SDC 1939, § 45.0201 (82).

Every municipality shall have power to establish and maintain artesian wells. Source: SDC 1939, § 45.0201 (105).

Any municipality may operate and maintain a system of irrigation within the municipality. The municipality may assess the cost of the system against abutting or benefited property in the manner provided by chapter 9-43 , if a connection with an irrigation water supply system is a…

If a rural water system is requested after July 1, 1989, to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing. …

If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to § 9-47-22 , and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system w…

If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, the municipality shall purchase t…

If the three - mile area referred to in § 9-47-24 is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended…

If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, the municipality shall purchase the facilities of the rural water system which were required and used to provide s…

The provisions of §§ 9-47-22 to 9-47-26 , inclusive, do not prevent a municipality and a rural water system from contracting with each other relative to the transfer of customers, disposition, and sale of facilities and related matters on such terms and conditions as they may det…

Each building in which plumbing fixtures are installed shall connect to a public water supply system if available. A public water system is available to a premise used for human occupancy if the property line of the premise is within two hundred feet of the system. A municipality…

If a main, trunk, or service water line has been constructed and the cost has not been apportioned against property that may benefit as provided in this chapter or chapter 9-43 , the governing body may require the owner of the property to pay the owner's proportionate share of th…

Wherever, in any municipality, the emergency specified in § 9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be…

When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuat…

If the expense in connection with the waterworks system is raised by special assessments, the assessments shall be levied and collected in the manner provided in chapter 9-43 . Source: RC 1919, § 6394; SDC 1939, § 45.1904; SL 2012, ch 57 , § 97.

Every municipality shall have power to regulate and provide for the laying of water connections from the city water mains to the lot line, and to assess the cost against the abutting property owner as provided by this title. Source: SL 1890, ch 37 , art V, § 1, subdiv 13; RPolC 1…

Repealed by SL 2012, ch 57 , § 98.

Water pipes or mains are classified as: (1) A service pipe or main is one designed to supply water to the property abutting upon the particular street or way in which it is laid; (2) A trunk pipe is one designed to supply water to the property abutting upon the street or way in w…

Sewers are classified as follows: (1) A service sewer is one designed to carry sewage or water from the property abutting upon the street or way in which it is laid into a trunk or main sewer, or into the sewer outlet, septic, or disposal plant; (2) A trunk sewer is one designed …

If either a main, trunk, or service sewer has been constructed and the cost has not been apportioned against property that may benefit as provided by this chapter or chapter 9-43 , the governing body may require the owner of the property to pay the owner's proportionate share of …

If any person has constructed within any street or alley a private sewer that is wholly or partly within any district subsequently established as provided in this chapter, the municipality may purchase the sewer or any part of the sewer and assess the cost to the property frontin…

No purchase pursuant to § 9-48-16 shall be made until plans and specifications of the location, arrangement, form, and size, and material to be used in the construction of such sewer or sewers and an estimate of the cost of constructing the same at the time of making such estimat…

If the owners of a majority of the real property fronting or abutting on a sewer described in § 9-48-16 prior to such resolution becoming effective shall file a written protest against such purchase, the governing body shall not have power to purchase the same. Source: SL 1909, c…

Repealed by SL 2012, ch 57 , § 114.

Each municipality may: (1) Establish, construct, and maintain main, trunk, sanitary, storm, and service sewers, and septic or sewage treatment plants, drains, and manholes either within its corporate limits or within ten miles of its corporate limits; (2) Appropriate funds and le…

No more than one sewer connection shall be made for each platted lot, or for each forty - four feet of frontage of unplatted ground, in the residence section, and for each twenty - two feet of frontage in the business section of the municipality, except when the abutting owner re…

Any municipality which has installed or plans to install sewer utilities for public use may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilitie…

Such charges shall be as nearly as may be in the judgment of the governing body equitable and in proportion to the services rendered and taking into consideration in the case of each such premises the quantity of sewage therein or thereby produced and its concentration, strength,…

The metering of private water supplies produced or operated on premises served by public sewer utilities may be required. If the use or consumption of water on any premises is taken into consideration in determining the charge to be made for the use of sewer utilities serving the…

Any funds, fees, rentals, charges, or rates collected under the authority of §§ 9-48-26 to 9-48-28 , inclusive, shall be remitted to the finance officer by the officer charged with their collection at least once each month and shall be kept in a separate fund to be known as the s…