25.873.9 100th Legislative Session 1263
2025 South Dakota Legislature
House Bill 1263
Introduced by: Representative Roby
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise the authority of the South Dakota State Historical Society Board of 1
Trustees regarding state-owned property. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 1-19A-5 be AMENDED: 4
1-19A-5. The South Dakota State Historical Society shall prepare and maintain a 5
state register of historic places, including all those listed on the national register of historic 6
places. A property owned in whole or in part by the state, or any political subdivision of 7
the state, may not be listed on the state register without express written consent of the 8
agency or office that has jurisdiction over the property. Pursuant to chapter 1-26, the 9
State Historical Society Board of Trustees board shall adopt standards in rule for the listing 10
of a historic property on the state register based on the standards of the national register 11
and shall further adopt standards in rule for the continued listing of a property on the 12
state register, consistent with the relevant federal standards of preservation and care. 13
Section 2. That § 1-19A-11.1 be AMENDED: 14
1-19A-11.1. The state, or any political subdivision of the state , or any 15
instrumentality thereof, may not undertake any project which that will encroach upon, 16
damage, or destroy any historic property included in the national register of historic places 17
or the state register of historic places until the South Dakota State Historical Society office 18
has been given notice and an opportunity to investigate and comment on the proposed 19
project. The office may solicit the advice and recommendations of the board with respect 20
to such the project and may direct that a public hearing be held thereon. If the office 21
determines that the proposed project will encroach upon, damage, or destroy any historic 22
property which is included in the national register of historic places or the state register 23
of historic places or the environs of such the property, the project may not proceed until: 24 25.873.9 2 1263
Underscores indicate new language.
Overstrikes indicate deleted language.
(1) The Governor, in the case of a project of the state or an instrumentality thereof or 1
the governing body of the political subdivision has made a written determination, 2
based upon the consideration of all relevant factors, that there is no feasible and 3
prudent alternative to the proposal and that the program proposed project includes 4
all possible planning to minimize harm to the historic property, resulting from such 5
the use; and 6
(2) Ten day's days' notice of the determination has been given, by certified mail, to 7
the South Dakota State Historical Society. A, which notice must contain a complete 8
record of factors considered shall be included with such notice. 9
Any person aggrieved by the determination of the Governor or governing body may 10
appeal the decision pursuant to the provisions of chapter 1-26. 11
The failure of the office to initiate an investigation of any proposed project within 12
thirty days from the date of receipt of notice thereof is deemed approval of the project. 13
Any project subject to a federal historic preservation review need not be reviewed 14
pursuant to this section. 15
Section 3. That a NEW SECTION be added to chapter 1-19A: 16
Except for property owned by the state, or any political subdivision of the state, 17
listing a property on the national register of historic places constitutes listing the property 18
on the state register of historic places. Any property owned by the state, or any political 19
subdivision of the state, must be removed from the state register upon request of the 20
agency or office with jurisdiction over the property. 21