South Dakota Codified Laws
Chapter 38 - Flammable And Combustible Liquids
Section 34-38-36 - Power of local governments as to zoning unaffected.

34-38-36. Power of local governments as to zoning unaffected.
Nothing in this chapter affects the power of any local government to regulate the use of land by zoning. Any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquids at retail locations within areas which are predominately residential and areas used predominately for retail mercantile purposes.

Source: SL 1991, ch 269, §14; SL 1992, ch 60, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 38 - Flammable And Combustible Liquids

Section 34-38-2.1 - Self-service pumps--Latch-open device permitted.

Section 34-38-23 - Definition of terms.

Section 34-38-24 - Installation of aboveground storage tanks--Approval.

Section 34-38-25 - Letter of approval required before proposed construction begins--Letter and plans to be submitted to division.

Section 34-38-26 - Compliance with International Fire Code.

Section 34-38-27 - Aboveground storage tank to be listed for such use--Underground tanks not to be installed aboveground--Failure to comply as misdemeanor.

Section 34-38-28 - Location requirements for aboveground tanks.

Section 34-38-29 - Spill control to be in accordance with International Fire Code.

Section 34-38-30 - Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.

Section 34-38-31 - Protection against vehicular collision.

Section 34-38-32 - Maintenance of area within any dike.

Section 34-38-33 - Tank piping system in contact with soil--Protection from corrosion.

Section 34-38-34 - Delivery and dispensing operations to comply with International Fire Code--Determining liquid level--Equipment requirements.

Section 34-38-35 - Promulgation of rules.

Section 34-38-36 - Power of local governments as to zoning unaffected.

Section 34-38-37 - Review of actions by director--Director's decision appealable.

Section 34-38-38 - Application to facilities constructed after July 1, 2016.

Section 34-38-39 - Limitations as to tank capacity.