An eligible housing infrastructure project that is to be owned or maintained by a municipality must be located within the municipality’s corporate limits, unless there is a plan to annex into the municipality's corporate limits the real estate where the public infrastructure is located. The authority may require the applicant to return housing infrastructure funding if the annexation does not occur before the later of:

1. (1) The date on which the applicant commences construction of the housing infrastructure project; or
2. (2) The date on which the applicant and the authority enter into the written agreement.

Source: 49 SDR 125, effective July 3, 2023; 52 SDR 10, effective August 4, 2025.

General Authority: SDCL 11-15-6 .

Law Implemented: SDCL 11-15-1 to 11-15-5 , inclusive .

Prior versions effective: 2023-07-03.