ENTITLED, An Act to revise certain provisions relating to the platting and annexation of
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-4-4.3 be amended to read as follows:
9-4-4.3. Prior to adoption, copies of the resolution of intent with a notice of time and place of
the public hearing shall be forwarded by certified mail to the affected landowners and the county
auditor, who shall then forward the resolution of intent and notice of public hearing regarding the
resolution of intent to the county commissioners. The notice shall be postmarked not less than ten
days and not more than twenty days before the date of the public hearing. The resolution of intent
may be adopted, pursuant to chapter 9-19, with or without amendments after the public hearing. The
governing body shall utilize and rely upon the records of the county director of equalization for the
purposes of determining the affected landowners.
Section 2. That § 9-4-4.4 be amended to read as follows:
9-4-4.4. The governing body shall hold a public hearing to consider extension of its boundaries
within sixty days of the adoption of the resolution of intent provided for in §§ 9-4-4.2 and 9-4-4.11.
Prior to adoption of the resolution of annexation, a copy of the adopted resolution of intent and a
notice of the time and place of the public hearing on the resolution of annexation shall be forwarded
by certified mail to the affected landowners and the county auditor, who shall then forward the
adopted resolution of intent and notice of public hearing regarding the resolution of annexation to
the county commissioners. The notice shall be postmarked not less than ten days and not more than
twenty days before the date of the public hearing. The governing body shall utilize and rely upon the
records of the county director of equalization for the purposes of determining the affected
landowners. The governing body may adopt an annexation resolution, containing the description and
boundaries of the territory to be annexed, pursuant to chapter 9-19, within one hundred and twenty
days of the public hearing. The governing body shall consider any objections to the resolution of
annexation and the adopted resolution of intent, and may adopt the resolution of annexation with or
without amendments, and may also add to the resolution of annexation any amendments to the
resolution of intent. No amendment may be made affecting any property not described in the original
resolution.
Section 3. That § 11-6-18.2 be amended to read as follows:
11-6-18.2. A summary of the action of the city council shall be prepared by the city finance
officer, auditor, clerk, or planning commission, reviewed by the city attorney, and published once
in a legal newspaper of the municipality and take effect on the twentieth day after its publication.
Any summary published under the provisions of this chapter shall contain a notification that the
public may inspect the entire comprehensive plan or any part, adjunct, amendment, or additions to
the comprehensive plan at the office of the city auditor or clerk during regular business hours.
Section 4. That § 11-6-26 be amended to read as follows:
11-6-26. The following provisions apply to all subdivisions of land that are not approved
pursuant to § 11-3-6, and are located outside of municipal corporate limits:
(1) A municipality may elect to approve subdivision plats outside of but not exceeding three
miles from its corporate limits, and not located in any other municipality;
(2) A municipality shall adopt a comprehensive plan and a major street plan that identifies
the unincorporated area to be governed by municipal platting authority. A major street
plan is defined as a document that consists of a map or written narrative, or both, of a
municipality's future collector and arterial streets that are incorporated as a part of a
municipality's comprehensive plan or as a stand-alone document that has been approved
in accordance with the provisions of §§ 11-6-17 to 11-6-18.2, inclusive;
(3) A copy of the adopted comprehensive plan and major street plan shall be forwarded to the
county commissioners through the office of the county auditor or clerk in which the
municipality is located;
(4) After the comprehensive plan and major street plan is adopted and before approving plats
outside municipal limits, the municipality shall adopt a subdivision ordinance that will
govern the area outside municipal limits. The ordinance shall be adopted according to the
provisions of § 11-6-27 and shall incorporate a platting jurisdiction boundary map or text
description of the area to be governed;
(5) Subdivision plats may not be filed or recorded unless the plat has the recommendation of
the city planning and zoning commission within sixty days of submission, and the
approval of the city council;
(6) For lands located outside of and within three miles of more than one municipality, the
jurisdiction of each municipality terminates at a boundary line equidistant from the
corporate limits of the municipalities unless otherwise agreed to by a majority vote of the
governing body of each such municipality.
An Act to revise certain provisions relating to the platting and annexation of subdivisions.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1162
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1162
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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