Sections 11-6-26, 11-6-26.1 - Subdivision plats to be approved after major street plan adopted--Extraterritorial jurisdiction of municipality--Recommendations by planning commission. Review and recomm - South Dakota Statutes

11-6-26. Subdivision plats to be approved after major street plan adopted--Extraterritorial jurisdiction of municipality--Recommendations by planning commission. After the city council of any municipality has adopted a comprehensive plan that includes at least a major street plan or has progressed in its comprehensive planning to the stage of making and adopting a major street plan, and has filed a certified copy of the major street plan in the office of the register of deeds of the county in which the municipality is located, no plat of a subdivision of land lying within the municipality, or of land within three miles of its corporate limits and not located in any other municipality, may be filed or recorded unless the plat has the recommendation of the city planning and zoning commission and the approval of the city council. As an alternative, the plat may be reviewed and approved in accordance with § 11-3-6. This provision applies to land within three miles of the corporate limits of the municipality and not located in any other municipality only if the comprehensive plan or major street plan includes such land. However, if such extra municipal land lies within three miles of more than one first or second class municipality, the jurisdiction of each municipality terminates at a boundary line equidistant from the respective corporate limits of the municipalities, unless otherwise agreed to by a majority vote of the governing body of each such municipality. The plats shall, after report and recommendations of the commission are made and filed, be approved or disapproved by the city council or reviewed and approved in accordance with § 11-3-6. The commission shall make its recommendation to the council within sixty days of submission.

Source: SL 1949, ch 198, § 11; SDC Supp 1960, § 45.3311; SL 1966, ch 145; SL 1975, ch 116, § 16; SL 1992, ch 60, § 2; SL 2000, ch 69, § 65.