South Dakota Codified Laws
Chapter 03 - Platting Of Townsites, Additions And Subdivisions
Section 11-3-6 - Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.

11-3-6. Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.
The provisions of this chapter apply to every addition to, or subdivision within, any county, municipality, or unincorporated town. If the land or any part of the land included in any addition or subdivision is within, adjoining, or contiguous to the boundaries of any municipality, the plat, before being recorded, shall be submitted to the governing body or, if applicable, the planning director of the municipality. If it appears that the system of streets set forth therein conforms to the system of streets of the existing plats of the municipality, that all provisions of any subdivision regulations have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid, and that such plat and the survey thereof have been executed according to law, the governing body shall, by resolution, approve the plat. The governing body may by resolution designate an administrative official of the municipality to approve plats in lieu of approval by the governing body. The auditor or finance officer shall endorse on the face of the plat a copy of the resolution or the designated administrative official's approval and certify to the same. No plat of any such addition or subdivision so situated may be recorded unless the plat bears on its face a copy of the resolution or approval and certificate of the auditor or finance officer. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the governing body.

Source: SDC 1939, §45.2806; SL 1959, ch 272, §2; SL 1979, ch 93, §7; SL 1997, ch 74, §1; SL 2006, ch 64, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 11 - Planning, Zoning and Housing Programs

Chapter 03 - Platting Of Townsites, Additions And Subdivisions

Section 11-3-1 - Townsite or subdivision survey and plat required--Contents.

Section 11-3-1.1 - Definition of terms.

Section 11-3-2 - Corner markers to be planted--Marking on plat.

Section 11-3-3 - Numbering of lots--Length and angle of lines to be shown on plat--Curves.

Section 11-3-4 - Certification, acknowledgment and recording of plats.

Section 11-3-6 - Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.

Section 11-3-7 - Naming of additions and subdivisions.

Section 11-3-8 - County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial.

Section 11-3-8.1 - Protection of water from subdivision sewage.

Section 11-3-8.2 - Liability of developer for sewage pollution.

Section 11-3-9 - Director of equalization to receive copy of plat--Treasurer's certificate of tax payment to be attached.

Section 11-3-10 - Sizes of plats filed with register--Materials used.

Section 11-3-11 - Register's recording fee--Acceptance by governing body required.

Section 11-3-12 - Recorded plat as conveyance of dedications and grants marked on plat--General warranty--Use of land intended for streets and other public uses--Opening, improvement or maintenance not required.

Section 11-3-12.1 - Approval of access to street or highway prerequisite to filing plat.

Section 11-3-12.2 - Promulgation of rules for approval of access to state highways.

Section 11-3-16 - Vacation of plat before sale of lots--Recording of instrument--Vacation by joinder of owners of lots sold.

Section 11-3-17 - Vacation of part of plat--Closing of public highways not authorized--Inclosure of public grounds adjoining lots.

Section 11-3-18 - Register of deeds to mark vacated plat--Reference to instrument of vacation.

Section 11-3-19 - Validation of prior vacations by instrument--Deadline for enforcing rights--Notice of pendency.

Section 11-3-20 - General procedure for vacation of plats--Supplemental to vacation by instrument.

Section 11-3-20.1 - Vacation procedure within planning commission jurisdiction.

Section 11-3-20.2 - New plat vacating prior plats--References to prior plats.

Section 11-3-20.3 - Information required for vacation and replatting.

Section 11-3-20.4 - Recording of new plat on approval--Vacation of prior plats.

Section 11-3-21.1 - Filing of petition for vacation of plat--Contents.

Section 11-3-22.1 - Setting of time and place for hearing on petition--Notice by publication.

Section 11-3-23.1 - Grant of petition by board of county commissioners--Payment of property taxes.

Section 11-3-24.1 - Filing and recording of decision.

Section 11-3-26 - Replatting after vacation of plat.