Session Law Chapter 71
CHAPTER 71
(HB 1118)
Extraterritorial jurisdiction of municipalities.
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the extraterritorial
jurisdiction of municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That §11-6-26 be amended to read as follows:
11-6-26. After the city council of any municipality has adopted a comprehensive plan that
includes at least a major street plan or has progressed in its comprehensive planning to the stage
of making and adopting a major street plan, and has filed a certified copy of the major street
plan in the office of the register of deeds of the county in which the municipality is located, no
plat of a subdivision of land lying within the municipality, or of land within three miles of its
corporate limits and not located in any other municipality, may be filed or recorded unless the
plat has the recommendation of the city planning and zoning commission and the approval of
the city council. As an alternative, the plat may be reviewed and approved in accordance with
§ 11-3-6. This provision applies to land within three miles of the corporate limits of the
municipality and not located in any other municipality only if the comprehensive plan or major
street plan includes such land. However, if such extra municipal land lies within three miles of
more than one first or second class municipality, the jurisdiction of each municipality terminates
at a boundary line equidistant from the respective corporate limits of the municipalities, unless
otherwise agreed to by a majority vote of the governing body of each such municipality. The
plats shall, after report and recommendations of the commission are made and filed, be
approved or disapproved by the city council or reviewed and approved in accordance with § 11-3-6. The commission shall make its recommendation to the council within sixty days of
submission.
Signed March 7, 2011