South Dakota Statutes

§ 11-2-60 — County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.

South Dakota § 11-2-60
JurisdictionSouth Dakota
Title 11PLANNING, ZONING AND HOUSING PROGRAMS
Ch. 11-1ACOUNTY PLANNING AND ZONING

This text of South Dakota § 11-2-60 (County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 11-2-60 (2026).

Text

In lieu of appointing the board of adjustment provided by § 11-2-49 , the board of county commissioners having adopted and in effect a zoning ordinance may act as and perform all the duties and exercise the powers of the board of adjustment. When acting as the board of adjustment, the chair of the board of county commissioners is chair of the board of adjustment. The concurring vote of at least two-thirds of the members of the board is necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variation in the ordinance. Any initial conditional use determinations of the board shall be determined by the vote set fort

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Related

Elliott v. Board of County Commissioners
2005 SD 92 (South Dakota Supreme Court, 2005)
18 case citations
Armstrong v. Turner County Board of Adjustment
2009 SD 81 (South Dakota Supreme Court, 2009)
17 case citations
Hanson v. Minnehaha County Commission
2014 SD 75 (South Dakota Supreme Court, 2014)
5 case citations
Hay v. Board of Com'rs for Grant County
2003 SD 117 (South Dakota Supreme Court, 2003)
5 case citations
Miles v. Spink County Board of Adjustment
972 N.W.2d 136 (South Dakota Supreme Court, 2022)
2 case citations

Legislative History

SL 2000, ch 69, § 30; SL 2003, ch 78, § 5; SL 2004, ch 101, § 5; SL 2016, ch 71, § 5; SL 2020, ch 41, § 10.

Nearby Sections

15
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Bluebook (online)
South Dakota § 11-2-60, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/11-2-60.