South Dakota § 46A-10B-21 - Payment of development fee as condition for development--Purpose and amount of fee.
Full text of South Dakota South Dakota Codified Laws § 46A-10B-21 — Payment of development fee as condition for development--Purpose and amount of fee., with citation guidance and answers to common questions.
§ 46A-10B-21. Payment of development fee as condition for development--Purpose and amount of fee.
In the case of a lot or parcel of land upon which a building has not been erected, the governing body may require the payment of a stormwater basin development fee as a condition for the development of the property. The stormwater basin development fee is payable prior to the approval of the final plat of the subdivision or, in the case of unplatted property, prior to the issuance of a building permit. The fee is intended to pay for the design, right-of-way acquisition, and construction or reconstruction of stormwater facilities needed to protect the health, safety, and welfare of the inhabitants of the various basins. The stormwater basin development fee shall be paid by the developer and shall be based upon the cost of necessary facilities to be constructed, the area of each parcel of land, the runoff characteristics of the parcel and the amount of on-site stormwater detention, if any, provided. The governing body shall determine the rates that apply to each parcel of land within the guidelines established by ordinance pursuant to § 46A-10B-20, but the stormwater basin development fee for any parcel of land within the district may be no less than one hundred dollars and no more than eight hundred dollars per subdivided lot. The eight hundred dollar limit does not apply to nonresidential developments.
Source: SL 1989, ch 388, § 27; SL 1990, ch 364, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 46A-10B-21
What does South Dakota Codified Laws § 46A-10B-21 cover?
Section 46A-10B-21 ("Payment of development fee as condition for development--Purpose and amount of fee.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 46A-10B-21?
A common citation format is "South Dakota Codified Laws § 46A-10B-21" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 46A-10B-21 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.