An Act to allow for a vacation home establishment and provide for municipal and county regulation thereof.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 9-19:

A municipality may not adopt or enforce an ordinance or other regulation that expressly or effectively prohibits the use of a property as a vacation home establishment as defined under   34-18-1.

A municipality may adopt or enforce an ordinance or other regulation that specifically regulates property used as a vacation home establishment only if the regulations provide requirements regarding:

(1) Fire and building codes;

(2) Health and sanitation;

(3) Traffic control;

(4) Solid or hazardous waste and pollution control; or

(5) The designation of an emergency contact for the property.

Section 2. That a NEW SECTION be added to chapter 7-18A:

A county may not adopt or enforce an ordinance or other regulation that expressly or effectively prohibits the use of a property as a vacation home establishment as defined under   34-18-1.

A county may adopt or enforce an ordinance or other regulation that specifically regulates property used as a vacation home establishment only if the regulations provide requirements regarding:

(1) Fire and building codes;

(2) Health and sanitation;

(3) Traffic control;

(4) Solid or hazardous waste and pollution control; or

(5) The designation of an emergency contact for the property.