Land Use & Zoning
Inclusionary zoning in South Dakota municipalities requires developers to:
AInclude only single-family homes in new developments
BSet aside a percentage of new units as affordable housing✓ Correct
CFollow the state comprehensive plan exactly
DObtain SDREC approval before building permits are issued
Explanation
Inclusionary zoning ordinances (where adopted) require residential developers to include a percentage of affordable units in their developments, either on-site or through in-lieu fees.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
State-Specific Concepts
DRE Regulation
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