11-3-8. County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial.
If any person wishes to plat any lands lying outside the boundaries of a municipality, the person shall be governed by this chapter. Before recording the person's plat in accordance with §11-3-6, the person shall submit the plat to the board of county commissioners of the county wherein such lands are situated. The approval of the board of county commissioners pursuant to this section may not be required for a plat as specified in §11-6-26. The board of county commissioners shall examine the same. The board of county commissioners shall by resolution, approve the plat, and the auditor shall endorse on the plat a copy of the resolution and certify to the same if it appears that the system of streets conforms to the system of streets of existing plats and section lines of the county, that adequate provision is made for access to adjacent unplatted lands by public dedication or section line when physically accessible, that all provisions of any subdivision regulations of the county have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid and that the plat and the survey of the land have been lawfully executed. The board of county commissioners may by resolution designate an administrative official of the county to approve plats in lieu of approval by the board of county commissioners. No plat of any addition or subdivision, so situated, is entitled to record or may be recorded unless the plat bears a copy of the resolution or approval and certificate of the auditor. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the board of county commissioners.
Source: SDC 1939, §45.2806 as added by SL 1959, ch 272, §2; SDC Supp 1960, §45.2806-1; SL 1979, ch 93, §9; SL 1997, ch 74, §2.
Structure 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 11-3-7 - Naming of additions and subdivisions.
Section 11-3-8.1 - Protection of water from subdivision sewage.
Section 11-3-8.2 - Liability of developer for sewage pollution.
Section 11-3-10 - Sizes of plats filed with register--Materials used.
Section 11-3-11 - Register's recording fee--Acceptance by governing body required.
Section 11-3-12.1 - 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 11-3-18 - Register of deeds to mark vacated plat--Reference to instrument of vacation.
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.