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20:09:26:09Location of housing infrastructure projects.

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

An eligible housing infrastructure project that is to be owned or maintained by a municipality must be located within the municipality’s corporate limits, unless there is a plan to annex into the municipality's corporate limits the real estate where the public infrastructure is located. The authority may require the applicant to return housing infrastructure funding if the annexation does not occur before the later of: (1) The date on which the applicant commences construction of the housing infrastructure project; or (2) The date on which the applicant and the authority enter into the written agreement.

Source: 49 SDR 125, effective July 3, 2023; 52 SDR 10, effective August 4, 2025.

General Authority

Law Implemented

  • SDCL 11-15-1
    Amended by SB204 (2026) — revise certain criteria for loans from the South Dakota housing infrastructure f
    Amended by HB1041 (2024) — modify the definition of public infrastructure to allow a federally recognized I
    Amended by SB93 (2024) — modify the definition of public infrastructure to allow a federally recognized I
  • SDCL 11-15-5