Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS

Each bond issued pursuant to this chapter and all interest coupons related to the bonds are negotiable instruments. Bonds issued are not general obligation bonds and are payable only from the tax increment of the project as provided in this chapter. Source: SL 1978, ch 91 , § 21;…

To increase the security and marketability of its tax increment bonds, a political subdivision may do either or both of the following: (1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed by the bonds or the revenues from the …

The State of South Dakota does hereby pledge to and agree with the holders of any bonds issued under this chapter that the state will not alter the rights vested in the bondholders until such bonds, together with the interest thereon, with interest on any unpaid installments of i…

The planning commission shall designate the boundaries of a district that the planning commission recommends be created. The planning commission shall submit the recommendation to the governing body. The boundaries of a district may not split a whole unit of property that is bein…

Tax increment bonds may be sold at public or private sale at a price that the governing body deems in the best interests of the political subdivision. Source: SL 1978, ch 91 , § 23; SL 1983, ch 37 , § 12; SL 2011, ch 73 , § 18; SL 2018, ch 70 , § 41; SL 2024, ch 45 , § 18.

The exercise of the power of eminent domain in connection with a district shall proceed in the same manner as a condemnation proceeding is conducted by the Department of Transportation pursuant to the provisions of chapter 31-19 . Source: SL 1978, ch 91 , § 29; SL 2018, ch 70 , §…

No tax increments shall be used for the construction of residential structures. Source: SL 1978, ch 91 , § 29A; SL 1985, ch 102 .

As security for its fulfillment of the agreement with the governing body, a purchaser or lessee of redevelopment property shall furnish a performance bond, with such surety and in such form and amount as the governing body may approve or make such other guaranty as the governing …

If the governing body finds that the redevelopment is not being carried out or maintained in accordance with the contract terms and conditions, or there is a failure to perform the work with diligence, or to assume the work's completion on time, the governing body shall notify th…

After all project costs and all tax increment bonds of the district have been paid or provided for, subject to any agreement with bondholders, any moneys remaining in the fund must be paid to each taxing district in the amount belonging to each respectively, with due regard for w…

Repealed by SL 1982, ch 16 , § 14 11-9-48 District reports published on department website.

The department may publish annually on its website a report of each tax increment financing district in the state. Any political subdivision that has created a tax increment financing district shall provide the department with any information requested to compile the report. Sour…

To create a district, the governing body must adopt a resolution that: (1) Describes the boundaries of the district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included; (2) Creates the district on a given date; (3) Includes a fin…

Unless otherwise authorized by a joint resolution among the affected political subdivisions, a district established after July 1, 2026, may not overlap with any other existing district. Source: SL 1978, ch 91 , § 26; SL 2018, ch 70 , § 12; SL 2026, ch 58 , § 6.

Source: SL 1978, ch 91 , § 7 (4) (c); SL 1991, ch 115 , § 1; SL 2018, ch 70 , § 13; SL 2024, ch 45 , § 21.

The resolution required by § 11-9-5 shall contain the following findings: (1) Not less than twenty-five percent, by area, of the real property within the district is a blighted area or not less than fifty percent, by area, of the real property within the district will stimulate a…

No county may create a district located, in whole or in part, within a municipality, unless the governing body of the municipality has consented to the creation of the district by resolution. Source: SL 2026, ch 58 , § 8.

Any area, including slum area, in which the structures, buildings, or improvements, by reason of: (1) Dilapidation, age, or obsolescence; (2) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (3) High density of population and overcrowding; (4) The ex…

The disclosure form required in § 11-10-8 shall read as follows: BUILDER'S ENERGY EFFICIENCY DISCLOSURE STATEMENT Builder ______________________________________________________ Property Address ______________________________________________ _______________________________________…

If the governing body of any local unit of government adopts any ordinance prescribing standards for maintenance of existing structures and premises, the ordinance shall comply with the 2021 edition of the International Property Maintenance Code as published by the International …

The governing body of a municipality may enact requirements for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of a residential structure by adopting the 2024 edition of the International Resid…

Beginning in the year 2024, and every three years thereafter, the Board of Technical Professions created under § 36-18A-14 shall convene a workgroup to review the latest edition of the model national codes referenced in this chapter. The workgroup shall consist of two local build…

Notwithstanding any law, regulation, or ordinance to the contrary, the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. § 7671k, as amended and in effect on January 1, 2023, is permitted, provided any equipment containing the refr…

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 …

If the governing body of any local unit of government adopts any ordinance prescribing standards for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building other than a residential stru…

The design standard for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building commenced after July 1, 2026, within the boundaries of any local unit of government that has not adopted a…

The State of South Dakota hereby adopts the International Energy Conservation Code of 2009, published by the International Code Council, as the voluntary standard applying to the construction of new residential buildings in the state. Source: SL 2009, ch 63 , § 1; SL 2011, ch 72 …

Except as provided by § 11-10-9 , any person building or selling a previously unoccupied new residential building which is a single-family or multifamily unit of four units or less shall disclose to the buyer or prospective buyer information regarding the energy efficiency of the…

If the new residential building is subject to both the National Manufactured Housing Construction and the Safety Standards Act pursuant to the United States Code, title 42 section 5403 and the Federal Trade Commission regulation on labeling and advertising of home insulation purs…

It is hereby declared: (1) That there exists within this state a serious shortage of sanitary, decent, and safe residential housing at prices or rentals which people of the state can afford; that this shortage has contributed to and will contribute to the creation and persistence…

There is hereby created and established a body politic and corporate with duties and powers as established in this chapter, to be known as the South Dakota Housing Development Authority to carry out the provisions of this chapter. The authority is hereby constituted an independen…

The authority may acquire real or personal property, or any interest therein, on either a temporary or long-term basis in the authority's own name by gift, purchase, transfer, foreclosure, lease, or otherwise, including rights or easements in real property; hold, sell, assign, le…

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state, for their well being and prosperity and for the improvement of their social and economic conditions, and the authority shall not be required to pay any tax or as…

The authority, to carry out and effectuate the purposes and provisions of this chapter, may: (1) Contract for services with architects, engineers, attorneys, accountants, housing construction and financial experts, and other advisers, consultants, and agents and to fix their comp…

11-11-113

The authority is attached to the Governor's Office of Economic Development for reporting purposes. Source: SL 1979, ch 351 , § 33; SDCL Supp, § 28-19-10.1; SL 2003, ch 272 (Ex. Ord. 03-1), § 50; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 95, eff. Apr. 12, 2011.

11-11-115 Applications--Signatures and certification required--Perjury. 11-11-116 Repealed by SL 2012, ch 78 , § 73. 11-11-117 Construction to be substantially completed, or final insurance or guarantee certificate issued before loan disbursed. 11-11-118 Additional lending powers…

All applications for a mortgage under the single - family homeownership program, and all financial statements, income statements, income tax returns, and other information, if any, required to accompany such applications under regulations of the authority shall be confidential, e…

Each application submitted to the authority shall be signed by the applicant and by an officer of the originating mortgage lender and shall certify under oath subject to penalties for perjury that all material facts have been disclosed to the best of the knowledge of the signator…

Repealed by SL 2012, ch 78 , § 73.

The authority may not disburse a loan for the acquisition of a homeownership housing unit until construction is substantially complete or the final insurance or guarantee certificate has been issued. Source: SL 1980, ch 204 , § 17; SDCL Supp, § 28-19-102.6; SL 1981, ch 221 , § 4;…

The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the powers set forth in §§ 11-11-119 to 11-11-135 , inclusive, in addition to others herein granted. Source: SL 1973, ch 180 , § 17; …

The authority may invest in, purchase or make commitments to purchase, and take assignments from mortgage lenders, of notes and mortgages evidencing loans for the construction, rehabilitation, purchase, leasing, or refinancing of housing in this state. Source: SL 1973, ch 180 , §…

The powers of the authority shall be vested in seven commissioners, who shall be residents of the state, to be appointed by the Governor. Not more than four of the commissioners may be of the same political party. Source: SL 1973, ch 180 , § 4; SDCL Supp, § 28-19-11; SL 1975, ch …

The authority may, pursuant to this section but not subject to other provisions of this chapter, purchase or commit to purchase securities from mortgage lenders if: (1) Payment of the securities are guaranteed or insured by an agency or instrumentality of the United States govern…

Repealed by SL 2012, ch 78 , § 75.

The authority may make loans to mortgage lenders under terms and conditions requiring the proceeds to be used by such mortgage lenders for the making of new residential mortgages. Source: SL 1973, ch 180 , § 17 (2); SDCL Supp, § 28-19-105; SL 2012, ch 78 , § 76.

Terms and conditions of the purchase and sale to mortgage lenders of mortgage loans and loans to mortgage lenders, shall be as set forth in §

No obligation purchased from a mortgage lender, other than an obligation purchased from or guaranteed by an agency or instrumentality of the United States government, shall be eligible for purchase or commitment to purchase by the authority under § 11-11-119 unless at or before t…

11-11-134 Purchase of federally insured housing mortgages. 11-11-135 Sale or transfer of mortgage loan or obligation. 11-11-136 Repealed by SL 2012, ch 78 , § 87. 11-11-137 Court actions to enforce loans or protect the public interest--Foreclosure. 11-11-138 Receiver appointed to…