1-19B-26. Transfer by owners of development rights in historic properties.
Any county or municipal governing body may establish procedures authorizing owners of designated historic properties to transfer development rights in such amounts and subject to such conditions as the governing body may determine. For the purposes of this section, development rights are the rights granted under applicable local law respecting the permissible bulk and size of any improvements to be erected.
Source: SL 1974, ch 21, §21; SL 2009, ch 1, §82.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 19B - County And Municipal Historic Preservation Activities
Section 1-19B-1 - Legislative findings--Purpose of chapter.
Section 1-19B-1.1 - Definition of terms.
Section 1-19B-2 - County and municipal historic preservation commissions--Purpose.
Section 1-19B-3 - Members of preservation commission--Terms of office--Residence.
Section 1-19B-4 - Employment of personnel.
Section 1-19B-5 - Annual special purpose tax levy--Approval by voters required.
Section 1-19B-6 - Revenue bonds authorized.
Section 1-19B-8 - Survey of local historic properties--Standards and criteria.
Section 1-19B-9 - Entry on private lands for survey--Consent required to enter building.
Section 1-19B-10 - Participation in local planning processes.
Section 1-19B-11 - Cooperation with governmental agencies.
Section 1-19B-12 - Contractual powers of preservation commission.
Section 1-19B-13 - Acquisition of historic properties.
Section 1-19B-14 - Title to property acquired--Supervision and control.
Section 1-19B-15 - Maintenance and operation of historic properties.
Section 1-19B-16 - Acquisition of historical easements.
Section 1-19B-18 - Educational and interpretive programs.
Section 1-19B-19 - Recommendations and information to governing body.
Section 1-19B-20 - Ordinances designating historic properties--Criteria--Procedure.
Section 1-19B-21 - Investigation and report before designation of historic property.
Section 1-19B-22 - Hearing on designation of historic property--Notice.
Section 1-19B-23 - Ordinance enforcing waiting period--Posting of sign.
Section 1-19B-24 - Notification to owners of historic property designated--Filing of ordinance.
Section 1-19B-26 - Transfer by owners of development rights in historic properties.
Section 1-19B-28 - Negotiations during waiting period for acquisition of historic property.
Section 1-19B-29 - Waiver of waiting period when preservation of character of property ensured.
Section 1-19B-30 - Reduction of waiting period for extreme hardship.
Section 1-19B-32 - Establishment of district study committee authorized.
Section 1-19B-33 - Composition of district study committee--Residence of members.
Section 1-19B-34 - Investigations by district study committee--Criteria.
Section 1-19B-35 - Report of findings by district study committee.
Section 1-19B-36 - Hearing on establishment of historic district--Notice to property owners.
Section 1-19B-37 - Final recommendations by study committee--Draft ordinance.
Section 1-19B-38 - Establishment of historic district by ordinance--Commission required.
Section 1-19B-39 - Amendment of historic district ordinance--Studies and reports.
Section 1-19B-41 - Promulgation of regulations--Personnel--Gifts.
Section 1-19B-43 - Exterior features defined.
Section 1-19B-46 - Certificate issued in case of extreme hardship.
Section 1-19B-47 - Notice and hearing before action on certificate of appropriateness.
Section 1-19B-48 - Issuance of certificate when proposed change appropriate.
Section 1-19B-49 - Denial of certificate--Reasons recorded--Notice to applicant.
Section 1-19B-50 - Appeal to circuit court by applicant for certificate.
Section 1-19B-52 - Ordinances to prevent deterioration by neglect--Misdemeanor.
Section 1-19B-53 - Governing body's power to protect historic properties.
Section 1-19B-54 - Exemption of historic properties from health and building codes.
Section 1-19B-55 - Public regulation or acquisition of historic properties unimpaired.
Section 1-19B-56 - Conservation easements--Definitions.
Section 1-19B-57 - Conservation easement creation, modification, transfer, and termination.
Section 1-19B-58 - Actions affecting conservation easements.
Section 1-19B-59 - Validity of conservation easements.