Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS
17 chapters · 652 sections in this title.
SDCL § 11-6-27 Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required
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In exercising the duties granted to it by this chapter, the planning commission shall recommend and the council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in §
SDCL § 11-6-28 Streets and utilities covered by subdivision regulations--Provision for tentative approval of plats
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Subdivision regulations may include requirements as to the extent to which and the manner in which the streets of the subdivision shall be graded and improved, and water, sewer, and other utility mains, piping, connections, or other facilities shall be installed as a condition pr…
SDCL § 11-6-29 Bond for completion of subdivision work--Remedies for enforcement of bond
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Subdivision regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the council may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipali…
SDCL § 11-6-3 Contract for county planning and zoning services--Fees--Powers of county commission--Designation of planning commission--Contracts for special services
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The governing body of any municipality may contract with the board of county commissioners for planning and zoning services to be provided by the county, and the contract may provide that the municipality shall pay such fees as are agreed for the services performed. Under the pro…
SDCL § 11-6-30 Special assessment provisions in lieu of bond for completion of subdivision work
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Subdivision regulations may provide in lieu of the completion of such work and installations previous to the final approval of a plat for an assessment or other method whereby the municipality is put in an assured position to do said work and make said installations at the cost o…
SDCL § 11-6-31 Subdivision plats or replats to be submitted to planning commission--Recommendation to council
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Any subdivision of land containing two or more lots, no matter how described, shall be platted or replatted, and must be submitted to the planning commission for their consideration and recommendation to the council for approval or rejection or reviewed and approved in accordance…
SDCL § 11-6-32 Time allowed for approval or disapproval of plat--Plat deemed approved in absence of action--Ground of disapproval stated
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The plat shall be approved or disapproved within ninety days after submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the council on demand; provided, however, that the applicant for the approval may w…
SDCL § 11-6-33 Dedication not accepted by approval of plat
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The approval of a plat by the council shall not be deemed to constitute or effect an acceptance by the municipality or public of the dedication of any street or other ground shown on the plat. Source: SL 1949, ch 198 , § 14; SDC Supp 1960, § 45.3314; SL 1966, ch 145 .
SDCL § 11-6-34 Register of deeds not to record plat unless approved by city council or other designated official
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When any map, plan, plat, or replat is tendered for filing in the office of the register of deeds, the register of deeds or deputy shall determine whether such proposed map, plan, plat, or replat is or is not subject to the provisions of this chapter and whether the endorsements …
SDCL § 11-6-35 Sale, transfer, or negotiation to sell lots before approval and recording of plat as petty offense--Injunction
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It is a petty offense for the owner or agent of the owner of the land located within the platting jurisdiction of any municipality as described in § 11-6-26 , knowingly or with intent to defraud, to transfer or sell, to agree to sell, or to negotiate to sell such land by referenc…
SDCL § 11-6-36 Approved plat required for street or utility work after attachment of platting jurisdiction
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From and after the time when the platting jurisdiction of any municipality has attached by virtue of the adoption of a major street plan as provided in § 11-6-26 , the municipality or other public authority may not, except as provided by § 11-6-37 , accept, lay out, open, improve…
SDCL § 11-6-37 Street construction specifically authorized by ordinance--Vote required to overrule planning commission
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The council, or, in the case of a street outside of the municipality, the governing body of such outside territory, may locate and construct or may accept any other street if the ordinance or other measure for such location and construction or for such acceptance be first submitt…
SDCL § 11-6-38 Buildings prohibited on unapproved streets--Injunction action available
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From and after the time when the platting jurisdiction of any municipality has attached by reason of the adoption of a major street plan as provided in § 11-6-26 , no building permit may be issued for or no building may be erected on any lot within the territorial jurisdiction of…
SDCL § 11-6-39 Continuation of lawful uses existing when zoning ordinance adopted--If nonconforming use discontinued one year, subsequent use must conform
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The lawful use of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the zoning ordinance. If the nonconforming use is discontinued for a period of more than …
SDCL § 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
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11-6-4.2
SDCL § 11-6-4.1 Temporary addition to planning commission of resident of affected outside area
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For the purpose of carrying out any of the provisions of §§ 11-6-26 to 11-6-38 , inclusive, the city council may temporarily add as a member of the city planning and zoning commission a resident of the area to be affected by proposed municipal zoning and subdivision ordinances ou…
SDCL § 11-6-4.2 Repealed by SL 2003, ch 77 , § 2 11-6-5 11-6-5 , 11-6-6
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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--Fund…
SDCL § 11-6-40 Platting of certain land required
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Any municipality with a population of fifty thousand or more or any municipality located in a county with a population of fifty thousand or more, if such municipality has adopted a comprehensive plan pursuant to this chapter, the municipality may require by ordinance that any par…
SDCL § 11-6-40.1 Transfer of ownership plat
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Any municipality authorized under § 11-6-40 to require by ordinance that a parcel of land be platted before the sale or transfer of the land may also allow by ordinance for a transfer of ownership plat option that is only for the purpose to plat one larger piece of land to transf…
SDCL § 11-6-41 Sign to notify public about petition and hearing on zoning change or conditional use permit
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If a landowner petitions the commission for a change in the zoning applied to the landowner's land or petitions a board for a conditional use permit and a local ordinance requires the landowner to post a sign to notify the public about the petition and the hearing on the petition…
SDCL § 11-6-7 Employees appointed by city council--Contracts for special services
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The city council may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law, including civil service regulations, as govern other corresponding civil employees of the municip…
SDCL § 11-6-8 Information furnished by public officials--Examinations and surveys--General powers of commission
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All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The commission, its members, and employees, in the performance of its functions, may, after thirty days' written noti…
SDCL § 11-6-9 Expenditures of planning and zoning commission--Funds, equipment and accommodations
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The expenditures of the planning and zoning commission, exclusive of those made from funds received by gift, shall be within the amounts appropriated for the purpose by the municipal governing body. The municipal governing body shall provide the funds, equipment and accommodation…
SDCL § 11-7-1 Definition of terms
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Terms used in this chapter mean: (1) "Area of operation," in the case of a commission created in and for a municipality or county, the area within the territorial boundaries of that municipality or that county; (2) "Bonds," any bonds, including refunding bonds, notes, interim cer…
SDCL § 11-7-10 Filing of resolution activating commission--Resolution conclusive as to powers of commission
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When the resolution becomes finally effective, the clerk of the municipality or the county auditor as applicable shall file such resolution in this office. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of a commission, the…
SDCL § 11-7-100 Recital in bond conclusive as to purpose
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In any suit, action, or proceeding involving the validity or enforceability of any bond of a commission or the security therefor, any such bond reciting in substance that it has been issued by the commission to aid in financing a project, as defined in § 11-7-1 , shall be conclus…
SDCL § 11-7-101 Remedies conferred on bondholders by terms of bond
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A commission shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an eve…
SDCL § 11-7-102 Investment in bonds authorized for public funds, financial institutions, trusts, and fiduciaries
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The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or…
SDCL § 11-7-103 Acceptance of federal loans and grants authorized--Compliance with conditions
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In addition to the powers conferred upon a housing commission by other provisions of this chapter, such commission is empowered to borrow money or accept contributions, grants, or other financial assistance from the federal government for or in aid of any project within its area …
SDCL § 11-7-104 Mandamus available to obligee of commission--Injunction
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An obligee of a commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee: (1) By mandamus, or other appropriate proceedings to compel said commission and the comm…
SDCL § 11-7-105 Commissioners not personally liable on bonds--Public debt not created--Debt limitations not applicable
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Neither the commissioners of a commission nor any person executing the bonds is liable personally on the bonds by reason of the issuance of the bonds. The bonds and other obligations of a commission (and such bonds and obligations shall so state on their face) are not a debt of t…
SDCL § 11-7-106 Commission accounts and annual report to auditor - general and governing body
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Each commission shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually in the month of January make a report thereof to the auditor - general, and to the governing body of the municipality or the county as applicable, such…
SDCL § 11-7-107 Investigations and examinations by auditor - general
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The auditor - general may investigate the affairs of commissions and their dealings, transactions, and relationships. He shall have the power to examine into the properties and records of commissions and to prescribe methods of accounting and the rendering of periodical reports i…
SDCL § 11-7-108 Enforcement of compliance with chapter and rules and regulations
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Compliance with this chapter and the rules and regulations adopted by the auditor - general may be enforced by the attorney general by writ of mandamus or other appropriate proceedings. Source: SL 1950 (SS), ch 13 , § 8; SDC Supp 1960, § 45.3608 (2).
SDCL § 11-7-109 Citation of chapter
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This chapter may be cited as the "County and Municipal Housing and Redevelopment Law." Source: SL 1950 (SS), ch 13 , § 1; SDC Supp 1960, § 45.3601; SL 1968, ch 186 , § 1.
SDCL § 11-7-11 Composition of commission--Certain public officers and employees ineligible
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A commission shall consist of five commissioners, who, unless otherwise provided by ordinance, shall be residents of the area of operation of the commission, appointed after the resolution provided for in § 11-7-7 becomes finally effective. In municipalities of the first class, n…
SDCL § 11-7-12 Appointment and terms of commissioners--Vacancies
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The commissioners constituting a commission shall be appointed by the mayor or the chairman of the board of county commissioners, with the approval of the governing body. Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively.…
SDCL § 11-7-13 Tenure of commissioners--Certificate of appointment
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Commissioners shall hold office until their successors have been appointed and qualified. A certificate of appointment of each commissioner shall be filed with the clerk. Whenever the membership of a commission is changed by reason of a new appointment, a certificate of that appo…
SDCL § 11-7-14 Removal of commissioner from office--Notice and hearing--Suspension pending final action--Record of proceedings
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For inefficiency or neglect of duty, or misconduct in office, a commissioner may be removed by the governing body of the municipality or the county as applicable, but a commissioner shall be removed only after a hearing and after he shall have been given a copy of the charges at …
SDCL § 11-7-15 Quorum of commission--Officers--Rules--Meetings open to public
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The powers of each commission shall be vested in the commissioners thereof in office at any time; a majority of whom shall constitute a quorum for all purposes. Each commission shall select a chairman, a secretary, and a treasurer from among its commissioners and shall adopt such…
SDCL § 11-7-16 Expenses of commissioners--Per diem
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Each commissioner may be reimbursed for expenses, including traveling expenses, incurred in the performance of the commissioner's duties. In addition, each commissioner may receive per diem as established by the governing body for each day of actual service for attending meetings…
SDCL § 11-7-17 Commission as body corporate--General powers--Taxing and special assessment power denied
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A commission shall be a public body corporate and politic, exercising public and essential governmental functions, and shall have all the powers necessary or convenient to carry out the purpose of this chapter including the powers granted by §§ 11-7-18 to 11-7-23 , inclusive, in …
SDCL § 11-7-18 Commission power to sue and be sued--Seal--Perpetual succession--Rules and regulations
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A commission shall have power to sue and be sued, to have a seal, which shall be judicially noticed, and to alter the same at pleasure; to have perpetual succession; and to make, and from time to time amend and repeal, rules and regulations not inconsistent with this chapter. Sou…
SDCL § 11-7-19 Director, officers, and employees of commission--Legal services--Services of local public bodies
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A commission shall have power to employ an executive director, technical experts, and such officers, agents, and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation; for such legal services as it may require, to call…
SDCL § 11-7-2 "Slum area" defined
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Unless the context clearly indicates otherwise, for the purpose of this chapter, "slum area" means an area in which there is a predominance of buildings or improvements which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, ligh…
SDCL § 11-7-20 Delegation of powers and duties by commission
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A commission shall have power to delegate to one or more of its agents or employees such powers or duties as it may deem proper. Source: SL 1950 (SS), ch 13 , § 7, subdiv 1 (3); SDC Supp 1960, § 45.3607 (1) (c).
SDCL § 11-7-21 Power to undertake, carry out, operate, construct, and repair projects
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A commission shall have power within its area of operation to undertake, prepare, carry out, and operate projects and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any project or part thereof. Source: SL 1950 (SS), ch 13 , § 7, …
SDCL § 11-7-21.1 Power to manage subsidized housing projects
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A commission shall have further power to provide management services for federal or state subsidized housing projects irrespective of whether tenants in said projects qualify under subdivision 11-7-59(3). Source: SL 1974, ch 113 .
SDCL § 11-7-22 Power to acquire property--Eminent domain power
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A commission shall have power within its area of operation to acquire real or personal property or any interest therein by gift, grant, purchase, exchange, lease, transfer, bequest, devise, or otherwise, and by the exercise of the power of eminent domain, in the manner provided b…
SDCL § 11-7-22.1 Acquisition of private property by eminent domain for certain uses prohibited
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No county, municipality, or housing and redevelopment commission, as provided for in this chapter, may acquire private property by use of eminent domain: (1) For transfer to any private person, nongovernmental entity, or other public-private business entity; or (2) Primarily for …