Changes to Existing Law

26.34.21 26.34.22 101st Legislative Session 3 2026 South Dakota Legislature Senate Bill 3 SENATE LOCAL GOVERNMENT ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. An Act to limit the types of residential improvements for which counties, 1 municipalities, and townships may require a permit. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 11-10: 4 Notwithstanding any authority granted to a county, municipality, or township to 5 prescribe building codes or standards or to issue building permits, a county, municipality, 6 or township may not require a building permit for: 7 (1) The repair or substantially similar replacement of any of the following existing 8 exterior parts of an owner-occupied residential structure: 9 (a) Door; Door, if the dimensions remain the same; 10 (b) Downspout; 11 (c) Fencing panel or post; 12 (d) Gutter; 13 (e) Roof flashing, shingles, shakes, or tiles; coverings and related weatherproofing components; 14 (f) Siding; Siding, if nonstructural; and 15 (g) Window; Window, if the dimensions remain the same. 16 Nothing in this section relieves a homeowner from compliance with any other 17 applicable building code or 16 (2) Any interior alteration, improvement, ordinance. 18 A county, municipality, or renovation township may require building permits for repairs 19 pursuant to this section or substantially similar replacements for exterior parts of an owner-occupied 17 residential structure, which does not affect the structure's: 18 (a) Air conditioning, electric, heating, plumbing, or ventilation system in a 19 manner requiring any load-bearing modification; 20 (b) Foundation; designated historical property as authorized under chapter 1-19B. 21 (c) Load-bearing walls; 22 (d) Roof frame; or 23 (e) Support beams. 24

26.34.22 26.34.23 101st Legislative Session 3 2026 South Dakota Legislature Senate Bill 3 SENATE HOUSE LOCAL GOVERNMENT ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. An Act to limit the types of residential improvements for which counties, 1 municipalities, and townships may require a permit. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 11-10: 4 Notwithstanding any authority granted to a county, municipality, or township to 5 prescribe building codes or standards or to issue building permits, a county, municipality, 6 or township may not require a building permit for: 7 (1) The for the repair or substantially similar 7 replacement of any of the following existing 8 exterior parts of an owner-occupied residential 8 structure: 9 (a) (1) Door, if the dimensions remain the same; 10 (b) (2) Downspout; 11 (c) (3) Fencing panel or post; 12 (d) (4) Gutter; 13 (e) Roof coverings and related weatherproofing components; 14 (f) (5) Siding, if nonstructural; and 15 (g) 14 (6) Window, if the dimensions remain the same. 16 15 Nothing in this section relieves a homeowner from compliance with any other 17 16 applicable building code or ordinance. 18 17 A county, municipality, or township may require building permits for repairs 19 18 pursuant to this section or substantially similar replacements for exterior parts of any 20 19 designated historical property as authorized under chapter 1-19B. 21 20

26.34.23 26.34.24 101st Legislative Session 3 2026 South Dakota Legislature Senate Bill 3 HOUSE LOCAL GOVERNMENT CONFERENCE COMMITTEE ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. An Act to limit the types of residential improvements for which counties, 1 municipalities, and townships may require a permit. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 11-10: 4 Notwithstanding any authority granted to a county, municipality, or township to 5 prescribe building codes or standards or to issue building permits, a county, municipality, 6 or township may not require a building permit for the repair or substantially similar 7 replacement of any of the following existing exterior parts of an a detached single-family 8 owner-occupied residential 8 structure: 9 (1) Door, if the dimensions remain the same; 10 (2) Downspout; 11 (3) Fascia, 12 (4) Fencing panel or post; 12 (4) Gutter; 13 (5) Gutter; 14 (6) Siding, if nonstructural; 15 (7) Soffit; and 14 (6) 16 (8) Window, if the dimensions remain the same. 15 17 Nothing in this section relieves a homeowner from compliance with any other 16 18 applicable building code or ordinance. 17 19 A county, municipality, or township may require building permits for repairs 18 20 pursuant to this section or substantially similar replacements for exterior parts of any 19 21 designated historical property as authorized under chapter 1-19B. 20 22

26.34.24 26.34.25 101st Legislative Session 3 2026 South Dakota Legislature Senate Bill 3 CONFERENCE COMMITTEE ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to limit the types of residential improvements for which counties, 1 municipalities, and townships may require a permit. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 11-10: 4 Notwithstanding any authority granted to a county, municipality, or township to 5 prescribe building codes or standards or to issue building permits, a county, municipality, 6 or township may not require a building permit for the repair or substantially similar 7 replacement of any of the following existing exterior parts of a detached single-family 8 owner-occupied residential structure: 9 (1) Door, if the dimensions remain the same; 10 (2) Downspout; 11 (3) Fascia, 12 (4) Fencing panel or post; 13 (5) Gutter; 14 (6) Siding, if nonstructural; 15 (7) Soffit; and 16 (8) Window, if the dimensions remain the same. 17 Nothing in this section relieves a homeowner from compliance with any other 18 applicable building code or ordinance. 19 A county, municipality, or township may require building permits for repairs 20 pursuant to this section or substantially similar replacements for exterior parts of any 21 designated historical property as authorized under chapter 1-19B. 22 26.34.25 2 3 SB3 ENROLLED An Act to limit the types of residential improvements for which counties, municipalities, and townships may require a permit. I certify that the attached Act originated in the: Senate as Bill No. 3 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 3 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State