Changes to Existing Law

26.443.9 26.443.10 101st Legislative Session 91 2026 South Dakota Legislature Senate Bill 91 SENATE LOCAL GOVERNMENT ENGROSSED Introduced by: Senator Nelson Underscores indicate new language. Overstrikes indicate deleted language. An Act to clarify the procedure for petitioning a board of county commissioners for 1 a change to the comprehensive plan or zoning ordinances. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 11-2-28.2 be AMENDED: 4 11-2-28.2. Following receipt of any A petition as provided in pursuant to § 11-2-5 28 or 11-2-28.1, the board must be filed with the office of the county auditor, who auditor. The county 6 auditor shall present forward the 6 petition to the board commission, or a person designated by the 7 commission, for consideration at its next regular or special meeting. meeting and provide a copy to 8 the board, or a person designated by the board. Within forty-five days of the 7 presentation, 9 the commission shall hold a public hearing on the petition, subject to the 8 requirements of 10 § 11-2-19, and take action upon the petitioned request. Within forty-five 9 days of receipt 11 by the board of any such petition, the county planning commission shall 10 consider the 12 requested action and § 11-2-29, and make a recommendation thereon on 11 the petitioned 13 request to the board. 12 14 Upon receipt of the commission's recommendation, the board must hold a public 13 15 hearing, subject to the requirements of § 11-2-19, and take action upon the petitioned 14 16 request, pursuant to § 11-2-30. 15 17

26.443.10 26.443.11 101st Legislative Session 91 2026 South Dakota Legislature Senate Bill 91 SENATE LOCAL GOVERNMENT ENGROSSED Introduced by: Senator Nelson Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to clarify the procedure for petitioning a board of county commissioners for 1 a change to the comprehensive plan or zoning ordinances. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 11-2-28.2 be AMENDED: 4 11-2-28.2. Following receipt of any A petition as provided in pursuant to § 11-2-5 28 11-2-28 or 11-2-28.1, the board 11-2-28.1 must be filed with the office of the county auditor. The county 6 auditor shall forward the petition to the commission, or a person designated by the 7 commission, for consideration at its next regular or special meeting and provide a copy to 8 the board, or a person designated by the board. Within forty-five days of the presentation, 9 the commission shall hold a public hearing on the petition, subject to the requirements of 10 § 11-2-19, and take action upon the petitioned request. Within forty-five days of receipt 11 by the board of any such petition, the county planning commission shall consider the 12 requested action and § 11-2-29, and make a recommendation thereon on the petitioned 13 request to the board. 14 Upon receipt of the commission's recommendation, the board must hold a public 15 hearing, subject to the requirements of § 11-2-19, and take action upon the petitioned 16 request, pursuant to § 11-2-30. 17 26.443.11 2 91 SB91 ENROLLED An Act to clarify the procedure for petitioning a board of county commissioners for a change to the comprehensive plan or zoning ordinances. I certify that the attached Act originated in the: Senate as Bill No. 91 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. 91 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