Land Use & Zoning

In South Dakota, a property owner who believes a zoning board made an error in applying the zoning ordinance to their property can appeal to the:

ASouth Dakota Supreme Court directly
BBoard of Zoning Adjustment (Board of Appeals) or a local appeals board✓ Correct
CSouth Dakota Real Estate Commission
DState Legislature

Explanation

Most municipalities have a Board of Zoning Adjustment or Board of Appeals that hears appeals of zoning decisions. A property owner who believes an error was made in applying the zoning ordinance can appeal to this board before seeking judicial review in district court.

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