25.473.10 100th Legislative Session 1154
2025 South Dakota Legislature
House Bill 1154
HOUSE LOCAL GOVERNMENT ENGROSSED
Introduced by: Representative Bathke
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to reduce the approval requirement for the construction or expansion of a 1
municipal campground or tourist accommodation facility. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That ยง 9-38-1 be AMENDED: 4
9-38-1. Each municipality may establish, improve, maintain, and regulate public 5
parks, public squares, parkways, boulevards, swimming pools, camping, and other related 6
facilities within or without the municipality, and to issue its bonds therefor, as provided 7
by this title. A municipality may establish camping or tourist accommodation facilities if 8
there is no existing private campground, inspected and approved by the Department of 9
Health, located within fifteen miles of the municipality. However, a municipality may 10
construct or expand camping or tourist accommodation facilities if If there is an existing 11
private campground within fifteen miles of the municipality if, the municipality may 12
construct or expand camping or tourist accommodation facilities if: 13
(1) The owner of the existing campground approves the construction or expansion in 14
writing. If the private campground has more than one owner, the owners of the 15
private campground may only approve or refuse approval for the construction or 16
expansion of the municipal campground or tourist accommodation facility as a 17
group; 18
(2) For each cabin added to the municipal camping or tourist accommodation facility, 19
the municipality reduces the number of its existing campsites by one; and 20
(3) For each campsite added to the municipal camping or tourist accommodation 21
facility, the municipality reduces the number of its existing tent sites by one. 22
If there is more than one private campground within fifteen miles of the 23
municipality, the municipality must obtain written approval from the owners of at least 24
seventy-five percent of all private campgrounds before constructing or expanding a 25
camping or tourist accommodation facility. If a private campground is under the ownership 26 25.473.10 2 1154
Underscores indicate new language.
Overstrikes indicate deleted language.
of multiple persons, the approval required by this section must be granted by one person, 1
with authority to act on behalf of the multiple owners. 2
Camping and tourist accommodation facilities established before July 1, 1970, are 3
deemed to have been established under the then existing then-existing authority to 4
establish public parks, and municipalities may continue to maintain and regulate the 5
facilities. The requirements of this section for the construction or expansion of a facility 6
near an existing private campground do not apply to a municipality that leases camping 7
and tourist accommodation facilities from the state which that were in existence prior to 8
January 1, 2017. 9