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provide for the platting of certain land without infrastructure requirements.
HB 1235 allows landowners to divide their property into smaller plots (platting) without having to install infrastructure like roads, utilities, or drainage systems that are normally required. This change makes it easier and less expensive for property owners to create subdivisions in certain situations while amending the state's platting requirements under South Dakota law.
revise certain provisions regarding disclosures for newly constructed properties.
South Dakota property sellers are generally required to disclose known defects when selling homes, but this bill carves out an exception for newly constructed houses that have never been occupied—sellers of these new homes no longer need to provide a full disclosure statement. However, sellers must still disclose any specific defects they know about or have reason to suspect in the new property.
revise provisions regarding owner occupied dwelling requirements.
SB182 removes a state law requirement related to owner-occupied dwellings by repealing South Dakota Codified Law §7-8-16. Without access to the full text of that section, the specific requirement being eliminated cannot be detailed, but this change simplifies the rules governing owner-occupied housing in South Dakota.
authorize certain flags and flagpoles to be located on residential property regardless of any private covenants, restrictions, bylaws, rules, or requirements.
SB81 allows homeowners to display certain flags and flagpoles on their residential property even if their neighborhood's covenants, restrictions, or homeowners association rules prohibit them. This overrides private agreements that would otherwise prevent such displays on residential land.
revise certain tenant and landlord rights.
HB1045 adds a new ground for eviction by allowing landlords to pursue forcible detainer actions when a tenant violates a material term of their written lease agreement. This expands the reasons a landlord can evict a tenant beyond the existing grounds, which previously included non-payment of rent after three days, holding over after lease expiration, and committing waste on the property.
revise provisions regarding the duration of restrictive contracts or declarations.
This bill changes how long property restrictions can last when they're created through declarations or contracts. Instead of being limited to 25 years, these restrictions can now continue forever (in perpetuity) if the declaration or contract doesn't specify an end date, whereas previously they would have automatically expired after 25 years if no time limit was stated.
revise certain provisions regarding disclosures for newly constructed properties.
This bill changes the disclosure rules for newly constructed homes that have never been occupied. Builders and sellers of new homes are now required to disclose any specific property defects or problems they know about or suspect, even though new construction is otherwise exempt from full disclosure requirements. This gives home buyers some protection while still treating brand-new properties differently than resale homes.
make certain revisions to the seller's property condition disclosure statement.
This bill updates the required form that sellers must use when disclosing the condition of their property to buyers. The changes clarify what information sellers must provide, emphasize that disclosure changes must be reported in writing before closing, and clarify that the disclosure is not a warranty or guarantee of the property's condition.
require that certain proposed rules include a housing cost impact statement.
State agencies must now prepare an "affordable housing impact statement" whenever they propose new rules that would affect housing costs, explaining how the rule impacts affordability, what compliance will cost per housing unit, and whether there are cheaper alternatives to achieve the same goal. The statement must be written in plain language and include information about reporting requirements and necessary professional skills, using only information the agency already has available. This adds a new review requirement to South Dakota's rule-making process to ensure housing affordability is considered before regulations take effect.
revise certain provisions regarding the municipal zoning and appeals process.
HB 1094 clarifies the rules for how South Dakota cities handle conditional uses (special permissions for property uses that don't fit standard zoning rules) by requiring ordinances to specify the decision-making process, evaluation criteria, and which city authority approves each type of request. The bill also ensures that approval decisions must consider the city's comprehensive plan and zoning purpose, and requires an affirmative majority vote from the approving authority.
revise certain references to the International Building Code.
South Dakota cities and counties that adopt building codes must now use the 2021 edition of the International Building Code instead of the 2018 edition when setting construction standards. The bill updates two sections of state law that reference building code requirements, ensuring local governments follow the more recent national building standards.
revise provisions regarding unfair or discriminatory practices.
Senate Bill 190 revises South Dakota's discrimination and unfair practices law by updating the definition of "disability" to clarify how it applies in employment, housing, and education contexts. The bill repeals an existing statute (§7-8-16) and modifies Chapter 20-13 to specify that disabilities only count as discriminatory factors if they're actually unrelated to a person's ability to perform their job, maintain property, or benefit from education. These changes aim to make the state's anti-discrimination protections clearer and more specific to different situations.