STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 20, 1974

Mr. John Foley
States Attorney, Codington County
Watertown, South Dakota 57201

OFFICIAL OPINION NO. 74-22

Requirement of publication when county commissioners adopt a comprehensive plan.

Dear Mr. Foley:

You have requested a hearing on the following specific question:

Must a comprehensive plan be published in a county newspaper in its entirety?

SCL 11-2-20 reads:

Based on the results of the hearing or hearings, the adoption of the comprehensive plan or any part amendment or additions, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the board of county commissioners.

SDCL 11-2-21 reads:

The action of the board of county commissioners shall be filed by the county auditor and a copy of which shall be sent to the state planning bureau. The same shall be published once in the official newspaper or newspapers in such county and take effect on the twentieth day after its publication.

Based on the above statute, it is my opinion that only the resolution providing for the adoption of a comprehensive plan need be published in the official newspapers of the county.

Respectfully submitted,

Kermit A. Sande
Attorney General