Title 9 — MUNICIPAL GOVERNMENT

Every municipality shall have power to adopt a zoning ordinance as provided by Title 11. Source: SL 1927, ch 176 , § 1; SDC 1939, § 45.0201 (101).

Every municipality may exercise the powers as to airports and landing fields for aircraft as provided in Title 50. Source: SL 1929, ch 71 , § 1; SL 1931, ch 86 , § 1; SDC 1939, § 45.0201 (102).

A municipality may pay compensation to a regularly scheduled commercial air carrier to provide basic or enhanced air service. Source: SL 1988, ch 376 , § 3; SL 1990, ch 377 , § 2; SL 2025, ch 38 , § 64.

Every municipality shall have power to establish and maintain a municipal library, in the manner and subject to the conditions provided in chapter 14-2 . Source: SDC 1939, § 45.0201 (104); SL 1976, ch 143 , § 26.

The municipal governing body may adopt an ordinance to make the provisions of chapter 12-27 applicable to municipal elections. Source: SL 1980, ch 62 , § 1; SL 2008, ch 67 , § 21.

A municipality may adopt ordinances for the purpose of protecting public groundwater supplies from pollution. The ordinances shall be consistent with the wellhead protection program guidelines developed by the department pursuant to § 34A-3A-17 , and may include ordinances to est…

The governing body of any municipality may regulate and maintain in a reasonable manner any abandoned cemetery, which regulation and maintenance may include, but need not be limited to, the mowing and cutting of weeds and grass, the repairing of fences and corrective measures rel…

The governing body of a municipality governed by a home rule charter may not impose any permit or inspection fee, beyond the actual cost of the inspection, on any property which is owned by a unit of government unless a higher fee is established through a joint powers agreement e…

Every municipality may: (1) Control its finances and property; (2) Levy and collect taxes for general and special purposes on real property within the limits allowed by law; (3) Appropriate money for authorized purposes and provide for the payment of the debts and expenses of the…

Any municipality holding a license pursuant to Title 35 may serve or provide for the service of food, prepared food, and beverages at any establishment operating under such license. Source: SL 2005, ch 49 , § 1.

Any second- or third-class municipality may rebate the municipal property taxes paid by any industry that furthers the municipality's industrial development goals. Any such municipality shall, by ordinance, develop a program that provides for the type of industry that qualifies f…

The term of each member appointed pursuant to § 9-12-22 is three years. In the case of a vacancy, a new member may be appointed for the remainder of the term, in accordance with §

Every municipality may appropriate funds to pay the necessary expenses of its officers or employees in conducting business or attending meetings within or without the state as the governing body determines necessary to carry out authorized municipal activities. Source: SL 1957, c…

The municipal governing body may, by ordinance, authorize the appropriation of funds to provide compensation to members of municipal boards and commissions not already compensated. Source: SL 1986, ch 66 .

Every municipality shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision or unit of government, federal or state, to carry out any authorized municipal function. Source: SL 1964, ch 145 .

Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such …

Every municipality may lease its municipally owned property. The lease must be for a term and upon the conditions provided by the governing body. Source: SL 1980, ch 61 , § 1; SL 2025, ch 38 , § 61.

If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding two thousand five hundred dollars annual value, the municipality must adopt a resolution of intent to enter into th…

Any municipality may obtain and pay for all forms of liability insurance, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24 , to protect and a…

Source: SL 1907, ch 187 ; RC 1919, § 6169 (80); SL 1923, ch 233 ; SDC 1939, § 45.0201 (11); SL 2025, ch 38 , § 67.

Except as otherwise provided in § 9-13-1.3 , each municipality must hold an election of officers each year on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November, at a place in each ward of the municipality designated by the go…

Any other provision of this chapter notwithstanding, the governing body of a municipality may, in odd-numbered years, choose to hold a general municipal election in conjunction with a regular school district election. The combined election must be approved by the board of the sch…

Source: SL 1985, ch 119 , § 11; SL 1986, ch 67 , § 1; SL 2004, ch 75 , § 1; SL 2025, ch 40 , § 21, eff. Jan. 1, 2026. Effective July 1, 2026

The governing body of a municipality may, by ordinance, choose to hold the regular municipal election only in even-numbered years. If the governing body adopts an ordinance to hold the regular municipal election only in even-numbered years, the governing body must designate the n…

9-13-11 Residence mailing address and date added to signature--Form and verification of petition. 9-13-12

Each voter signing a nominating petition or the person circulating such petition shall add to the voter's signature the voter's residence mailing address and the date of signing. The petition may be composed of several sheets, which shall have identical headings and shall be veri…

9-13-13 Notice of municipal election--Publication or posting. 9-13-14 Special elections governed by general provisions--Questions to be stated in notice. 9-13-14.1 Filling of vacancy on municipal governing body--Appointment or special election. 9-13-14.2 Special election to fill …

A notice of each municipal election shall be published once each week for two successive weeks, the first publication may not be less than ten days prior to the election. A facsimile of the official ballot shall be published in the calendar week prior to each election. The notice…

Except as otherwise provided in this section, if a vacancy exists on a municipal governing body, the remaining members must appoint a replacement to serve until the next regular municipal election. The governing body may call a special election to fill the vacancy for the remaind…

The governing body of any municipality may, by ordinance enacted prior to the vacancy, require that any vacancy on the governing body or in the office of the mayor is to be filled by a special election called for that purpose to be conducted as provided in § 9-13-14 and this sect…

If for any reason a municipality fails to elect any person to succeed an elected official whose term has expired or an elected official fails to file a nominating petition or qualify, the office is deemed vacant. The elected official whose term has expired shall continue to act i…

9-13-16 Election precincts--Division and consolidation of wards into precincts--Application to state and county elections. 9-13-16.1 Precinct election boards. 9-13-16.2 Terms of and representation by members of governing body following redistricting. 9-13-17

Except as otherwise provided, each ward constitutes an election precinct. If the number of voters in any ward is greater than five hundred, the governing body may, by ordinance, divide the ward into two or more precincts. If the number of voters in any two or more contiguous ward…

Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the governing body. Any vacancy on the election board that arises between the time of appointment and the day of the elec…

Notwithstanding the redistricting provided in § 9-13-16 , the term of office of any member of the governing body whose term of office extends beyond the next regular municipal election is not affected. The governing body shall, by ordinance, designate the district the member is t…

9-13-18 9-13-18 to 9-13-20. Repealed by SL 1971, ch 56 , § 3. 9-13-21 Ballots--Preparation--Availability--Form--Candidate names. 9-13-22

9-13-3

The finance officer shall prepare and furnish, at the expense of the municipality, all official ballots. The quantity of ballots provided shall be at least ten percent more than the number of voters at the last comparable election. The ballots shall be prescribed by the State Boa…

9-13-23

9-13-24 Return and canvass of votes. 9-13-25 Election result--Highest vote total or runoff. 9-13-26

The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal. Source: SL 1890, ch 37 , art XIV, § 5; RPolC 1…

The returns from a municipal election must be certified by the precinct election board in each polling place, and the ballots, properly sealed in ballot boxes, together with the pollbooks, must be placed in the custody of the municipal finance officer. The finance officer may des…

Except as otherwise provided in this section, the person having the highest number of votes for any municipal office is elected. The governing body of any municipality may, by ordinance enacted at least six months before the election, require a runoff election to be conducted pur…

9-13-26.1 Runoff election when no candidate receives a majority of votes--Conduct of election. 9-13-27

If a municipality has passed an ordinance requiring a runoff election, and no candidate in a race involving three or more candidates receives a majority of the votes cast in the race, a runoff election shall be held three weeks from the date of the first election. At the runoff e…

9-13-27.1 Runoff election--Notice. 9-13-27.2 Tie vote--Recount--Determination by lot. 9-13-27.3 Request for recount--Recount board established. 9-13-27.4 Recount on ballot question--Recount board. 9-13-28 Notice to persons elected--Time allowed for qualification. 9-13-29 Municipa…

The finance officer shall have a notice of election published once during the week next preceding any runoff election. The notice shall include a list of all persons appearing on the ballot for the election. A facsimile of the official ballot need not be published for runoff elec…

If a tie vote exists after a canvass of original official returns, the governing body making the canvass shall certify the vote to the finance officer. The finance officer shall then notify the candidates that if no request for recount is made in writing to the finance officer wi…

If any candidate for the municipal governing body is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, or by a margin of five votes or less, the candidate may, within five days after completion of the official canvass, file …

Notwithstanding any other provisions of law, recounts of municipal ballot questions shall be conducted if, within five days after completion of the official canvass of a municipal ballot question election at which a question is approved or disapproved by a margin not exceeding tw…