October 12, 1976
Mr. Jerry C. Rachetto
State's Attorney
Lawrence County Courthouse
Deadwood, South Dakota 57732
OFFICIAL OPINION NO. 76-97
Whether the County Planning Commission has authority to grant changes or amendments to the County Comprehensive Plan without approval from the Board of County Commissioners
Dear Mr. Rachetto:
You have requested an opinion from this office in regard to the following question:
QUESTION:
Does the County Planning Commission, as created by SDCL 11-2-2, have the authority to grant changes or amendments to the County Comprehensive Plan without approval from the Board of County Commissioners? In other words, is the decision of the County Planning Commission legally sufficient to change or alter the adopted County Comprehensive Plan, without formal approval by the County Board of County Commissioners?
SDCL 11-2-20 provides that the initial adoption of the County Comprehensive Plan or any part, amendment or addition thereto, shall be by resolution or ordinance upon an affirmative vote of not less than a majority of all the members of the board of county commissioners.
SDCL 11-2-28 further provides:
Regulations, restrictions, and boundaries, or enforcement provisions established in the comprehensive plan or adjuncts thereto adopted by the board of county commissioners may from time to time be amended, supplemented, changed, modified, or repealed by action of the board of county commissioners as outlined in this chapter. Such amendment, supplement, change, modification, or repeal may be requested through a petition by thirty per cent of the landowners in the zoning district or districts requesting change.
In my opinion the above cited statutes provide that any changes to the County Comprehensive Plan must be approved by the Board of County Commissioners before such proposed changes have any legal significance. Accordingly, it follows that a County Planning Commission, as such, does not have the authority to unilaterally grant changes or amendments to the County Comprehensive Plan without the prior approval of the Board of County Commissioners.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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