21.108.23 96th Legislative Session 417

2021 South Dakota Legislature

Senate Bill 81

ENROLLED

An Act

ENTITLED An Act to authorize certain flags and flagpoles to be located on residential property regardless of any private covenants, restrictions, bylaws, rules, or requirements.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

11-5-7. Flag--Display.

Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements may display one portable, removable official United States flag, not larger than four and one-half feet by six feet and may additionally display the official South Dakota State flag or one portable, removable official flag, not larger than four and one-half feet by six feet, that represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or a POW MIA flag. The additional flag must be equal in size to or smaller than the official United States flag.

Section 2. That a NEW SECTION be added:

11-5-8. Flagpole--Display.

Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements, may erect a freestanding flagpole no more than twenty feet high on any portion of the homeowner's property, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display from that flagpole, one official United States flag, not larger than four and one-half feet by six feet, and may additionally display one official South Dakota State flag or official flag that represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or a POW MIA flag. The additional flag must be equal in size to or smaller than the official United States flag.

The flagpole specifications and display are subject to building codes imposed by this state or appropriate local governing body.

An Act to authorize certain flags and flagpoles to be located on residential property regardless of any private covenants, restrictions, bylaws, rules, or requirements.

I certify that the attached Act originated in the:

Senate as Bill No. 81

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 81

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State