S.D. Codified Laws § 9-3-1.1
This is the official text of S.D. Codified Laws § 9-3-1.1, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Minimum distance from existing municipality--Exceptions
Official statutory text
A municipality may not be incorporated if any part of the proposed municipality lies within three miles of any point on the perimeter of the corporate limits of an incorporated municipality, unless:
(1) The incorporated municipality refuses or fails to annex a territory that is contiguous to the incorporated municipality after the contiguous territory has properly petitioned the municipality to be annexed as provided by § 9-4-1 ; or
(2) The territory to be incorporated has a post office and:
(a) Is in a different county than the incorporated municipality; or
(b) The incorporated municipality has a population of less than five thousand.
Source: SL 1971, ch 54; SL 1987, ch 74; SL 2016, ch 48, § 2; SL 2024, ch 28, § 20; SL 2024, ch 29, § 1.
(1) The incorporated municipality refuses or fails to annex a territory that is contiguous to the incorporated municipality after the contiguous territory has properly petitioned the municipality to be annexed as provided by § 9-4-1 ; or
(2) The territory to be incorporated has a post office and:
(a) Is in a different county than the incorporated municipality; or
(b) The incorporated municipality has a population of less than five thousand.
Source: SL 1971, ch 54; SL 1987, ch 74; SL 2016, ch 48, § 2; SL 2024, ch 28, § 20; SL 2024, ch 29, § 1.
Status: in_force · Read it on the official government site
Need a lawyer in South Dakota?
Find a South Dakota lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.