S.D. Codified Laws § 31-12A-5.1 (2026)
If any territory is within the subdivision jurisdiction of a municipality, the petition for the incorporation described in § 31-12A-3 shall first be submitted to the municipality's governing body for approval at its discretion, and upon approval shall be presented to the county board of commissioners.
Source: SL 1982, ch 224 , § 7A; SL 2021, ch 127 , § 1.