HomeMy WebLinkAbout2026_01_13 CC PacketCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, January 13, 2026
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
5. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion. At the request of any one
Council Member or the City Manager, an item may be removed from the Consent Agenda
and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the beginning
of the formal items.
Action to approve City Council meeting minutes.ID 26-00145.A.
Page 1 City of Brookings
January 13, 2026City Council Meeting Agenda - Final
12/16/2025 CC MinutesAttachments:
Action on Resolution 26-001, a Resolution designating Official
Depositories.
RES 26-0015.B.
Memo
Resolution
Attachments:
Action on Resolution 26-002, a Resolution designating the Official
Newspaper.
RES 26-0025.C.
Memo
Resolution
Attachments:
Action on Resolution 26-003, a Resolution designating Purchase
Authorities.
RES 26-0035.D.
Memo
Resolution
Flowchart
Attachments:
6. Presentations/Reports:
Report: SDSU Student Association.ID 26-00126.A.
Reports: City Council Ex-Officio ReportsID 26-00156.B.
7. Contracts/Change Orders: NONE
8. Ordinance First Readings:
No vote is required on the first reading of an Ordinance. The title of the Ordinance is
read. Public Comment and Council discussion is permitted. The date for the second
reading or public hearing is announced.
Introduction and First Reading on Ordinance 26-001, an Ordinance
Amending Chapter 74 - Streets, Sidewalks, and Other Public Places, of
the Code of Ordinances of the City of Brookings, South Dakota. Public
Hearing and Action: January 27, 2026.
ORD 26-0018.A.
Memo
Ordinance - clean
Ordinance - marked
Legal Notice
Right of Way Work Policy - DRAFT
Attachments:
Introduction and First Reading on Ordinance 26-002, an Ordinance
Amending Chapter 22 - Buildings and Building Regulations of the Code of
Ordinances of the City of Brookings, South Dakota. Public Hearing and
ORD 26-0028.B.
Page 2 City of Brookings
January 13, 2026City Council Meeting Agenda - Final
Action: January 27, 2026.
Memo
Ordinance - Clean
Ordinance - Marked
Legal Notice
Attachments:
9. Public Hearings and Second Readings:
Public Hearing and Action on Resolution 25-106, a Resolution of Intent to
Lease Real Property north of the Brookings Regional Landfill.
RES 25-1069.A.
Memo
Resolution
Notice
Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on Ordinance 25-046, an Ordinance Pertaining
to a Conditional Use Permit to Establish a Concrete, Asphalt and Rock
Crushing Facility in an Industrial I-1 Light District (21625 471st Avenue).
ORD 25-0469.B.
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Conditional Use Permit Application
Location Map
Zoning Map
Site Plan
Traffic and Dust Plans
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Legislative History
12/16/25 City Council read into the record
Public Hearing and Action on a request to transfer an On-Off Sale Malt
License for Tee’d Off Golf, located at 2508 Wilbert Court, Suite B.
ID 26-00089.C.
Memo
Legal Notice
Location Map
City Code and SDCL References
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Page 3 City of Brookings
January 13, 2026City Council Meeting Agenda - Final
10. Other Business: NONE
11. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
12. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager
Brookings City Council Staff:
Paul M. Briseno, City Manager Bonnie Foster, City Clerk
J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C.
Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of
residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email
comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will
become part of the official record and subject to review by all parties and the public. The comments and views
expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City
of Brookings or City Council.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
(Swiftel Channel 20 / MediaCom Channel 9)
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City
ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting.
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0014,Version:1
Action to approve City Council meeting minutes.
Attachments:
12/16/2025 City Council Minutes
City of Brookings Printed on 1/8/2026Page 1 of 1
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BROOKINGS CITY COUNCIL
December 16, 2025 (unapproved)
The Brookings City Council held a meeting Tuesday, December 16, 2025 at 6:00 PM, at
the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, and Council Members Wayne
Avery, Brianna Doran, Lisa Hager, Bonny Specker, Holly Tilton Byrne, and Nick
Wendell. City Attorney J. Vince Jones, and City Clerk Bonnie Foster were also present.
Absent: City Manager Paul Briseno.
Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that the agenda be approved. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that the consent agenda be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and
Wendell.
A. Action to approve the December 9, 2025 City Council Minutes.
B. Action on Resolution 25-091, a Resolution declaring surplus property for the
City of Brookings.
RESOLUTION 25-091 - DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Public Library: 3 - gumdrop chairs; 2 - square ottomans; 1 - circular ottoman; 1 -
rug; 2 - wooden bin toppers; 2 - 4-sided book displays; 6 - short shelf ends; 38 -
medium shelf ends; 20 - 4-range tops; 1 - 6-range top; 1 - 2-range top; 6 - lap
desks; 2 - browsing book bins; 1 - house-shaped display shelf; and 1 - acrylic
display shelf (broken)
WHEREAS, in the best financial interest, it is the desire of the City of Brookings to
dispose of as surplus property; and
WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus
property.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings,
SD, that this property be declared surplus property according to SDCL Chapter 6-13.
C. Action to abate property taxes in the amount of $1,999.78 for Parcel #40999-
00005-030-00, also known as 2110 22nd Avenue South, #30.
D. Action on an appointment to the Sustainability Council: Madalynn Graham (term
expires 1/1/2029).
E. Action on Resolution 25-103, a Resolution Approving an Agreement with the
Brookings Regional Humane Society for the Care and Disposition of Impounded
Animals.
RESOLUTION 25-103 - A RESOLUTION APPROVING AN RENEWAL AGREEMENT
WITH THE BROOKINGS REGIONAL HUMANE SOCIETY FOR THE CARE AND
DISPOSITION OF IMPOUNDED ANIMALS
WHEREAS, the City of Brookings has entered into an Agreement with the Brookings
Regional Humane Society for the care and disposition of Impounded Animals; and
WHEREAS, the Agreement would be effective for the 2026 Calendar Year; and
WHEREAS, this Resolution is intended to authorize the City to enter into the Agreement
as described herein with the Brookings Regional Humane Society.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota that the Agreement with the Brookings Regional Humane
Society is hereby approved and the City Manager and City Clerk are authorized to
execute these Agreements.
Introduction of promoted City of Brookings Employee. Troy Hughes, Fire Chief,
introduced promoted City of Brookings employee Jared Runge, as the new Fire
Marshall.
Resolution 25-090. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 25-090, a Resolution Rejecting All Bids for the
Edgebrook Golf Course Water-Sourcing Project, be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and
Wendell.
RESOLUTION 25-090 - A RESOLUTION REJECTING ALL BIDS FOR THE
EDGEBROOK GOLF COURSE WATER-SOURCING PROJECT
WHEREAS, the City of Brookings opened bids for the Edgebrook Golf Course
Water-Sourcing Project on Thursday, November 6, 2025 at 1:30 pm at the Brookings
City & County Government Center; and
WHEREAS, the City of Brookings received bids from five different entities; and
WHEREAS, the low bid was approximately 59% higher than the Engineer’s Estimate.
NOW, THEREFORE, BE IT RESOLVED that all bids for the Edgebrook Golf Course
Water-Sourcing Project be rejected.
Resolution 25-095. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Resolution 25-095, a Resolution Authorizing the City of
Brookings to enter into an Agreement for Edgebrook Golf Course Clubhouse
Management Services, be approved. The motion carried by the following vote: Yes: 7 -
Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-095 - RESOLUTION AUTHORIZING THE CITY OF BROOKINGS
TO ENTER INTO AN AGREEMENT FOR EDGEBROOK GOLF COURSE
CLUBHOUSE MANAGEMENT SERVICES
WHEREAS, the City of Brookings owns and operates the Edgebrook Golf Course as a
public recreational facility serving residents, visitors, and the regional community; and
WHEREAS, the City contracts with an independent manager to operate the clubhouse,
pro shop, driving range, and food and beverage services to ensure high-quality
customer service, efficient daily operations, and support for tournaments, leagues, and
special events; and
WHEREAS, Moen Management has successfully managed the Edgebrook Clubhouse
and Driving Range through the current agreement, providing consistent service delivery,
staffing oversight, and operational support; and
WHEREAS, the updated Agreement establishes a two-year term beginning January 1,
2026, and provides a clear and predictable financial structure benefiting the City’s
enterprise fund while sustaining customer service levels and operational continuity; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings enter into the
2026–2027 Edgebrook
Resolution 25-107. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, that Resolution 25-107, a Resolution authorizing Change
Order No. 1 for 2025-08STI Asphalt Maintenance Project; Bowes Construction, Inc., be
approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager,
Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-107 - RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR
PROJECT 2025-08STI: ASPHALT MAINTENANCE PROJECT
WHEREAS, the City of Brookings opened bids for the 2025-08STI Asphalt Maintenance
Project on Tuesday, April 15, 2025 at 1:30 pm at the Brookings City and County
Government Center; and
WHEREAS, the City of Brookings awarded Bowes Construction, Inc. the contract for
2025-08STI Asphalt Maintenance project for their low bid of $1,954,642.15 at the April
22, 2025 City Council Meeting.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Change Order 1 totaling $194,628.94 for additional work be approved; and
2. The City Manager is authorized to sign the change order.
FIRST READING – Ordinance 25-046. Introduction and First Reading was held on
Ordinance 25-046, an Ordinance Pertaining to a Conditional Use Permit to Establish a
Concrete, Asphalt and Rock Crushing Facility in an Industrial I-1 Light District (21625
471st Avenue). Public Hearing and Action: January 13, 2026.
Ordinance 25-042. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Ordinance 25-042, an Ordinance Authorizing Budget
Amendment No. 9 to the 2025 Budget, be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and
Wendell.
Resolution 25-098. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 25-098, a Resolution of Intent to Lease Real
Property just west of the Brookings Regional Airport be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and
Wendell.
RESOLUTION 25-098 - RESOLUTION OF INTENT TO LEASE REAL PROPERTY
WHEREAS, the City of Brookings owns 85 acres of designated hay land in Section
21-T110N-R50W, in the City of Brookings, Brookings County, South Dakota; and
WHEREAS, the City of Brookings intends to award a lease agreement with David
Berndt for a period of 1-year, commencing on January 1, 2026 and ending December
31, 2026, having the option to extend this Lease for 2 additional 1 -year terms in 2027
and 2028; and
WHEREAS, the lessee will pay the City $125.50 per acre for the hay land, totaling
$10,667.50 annually, with the first half payable on July 1st of each year and the second
half payable on November 1st of each year; and
WHEREAS, a Public Hearing on this Resolution was held on December 16, 2025 at
6:00 p.m. in the Chambers at the Brookings City and County Government Center and all
persons were given an opportunity to be heard on the intent to lease real property.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
A. The City of Brookings will enter into a lease agreement with David Berndt as set
forth above; and
B. The City Manager or his designee is authorized to execute a new lease
agreement in accordance with this Resolution.
Resolution 25-093. A public hearing was held on Resolution 25 -093, a Resolution
authorizing the City Manager to enter into a 10-year On-Sale Wine Operating
Agreement with Commonwealth Gaming & Holdings, Co., Inc., dba Deuces Casino,
Suite 105D. A motion was made by Council Member Wendell, seconded by Council
Member Doran, that Resolution 25-093 be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and
Wendell.
RESOLUTION 25-093 - ON-SALE WINE OPERATING AGREEMENT
– 10-YEAR AGREEMENT
Commonwealth Gaming & Holdings, Co., Inc., dba Deuces Casino, Suite 105D
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves an Operating Alcohol Management Agreement for Wine between the City of
Brookings and owners Bryant Soberg and Kirby Muilenburg, Commonwealth Gaming &
Holdings, Co., Inc., dba Deuces Casino, Suite 105D, for the purpose of an alcohol
manager to operate the on-sale establishment or business for and on behalf of the City
of Brookings at 223 6th Street, Suite 105D. Legal description: South 114 feet of the
West 69.3 feet of Lot 20, and South 114 feet of Lot 21, Block 3, Henry Addition, City of
Brookings, Brookings County, South Dakota.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be
authorized to execute the Agreement on behalf of the City, which shall be for a period of
10-years, with a 5-year mid-term renewal.
Resolution 25-094. A public hearing was held on Resolution 25-094, a Resolution to
Annex Block 1 Mills Third Addition in the Northwest Quarter of Section 6, Township 109
North, Range 49 West, Excluding Lots H-1 and H-2 in Brookings County, South Dakota.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Wendell, that Resolution 25-094 be approved. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-094 - RESOLUTION TO ANNEX BLOCK 1 MILLS THIRD ADDITION
IN THE NORTHWEST QUARTER OF SECTION 6-T109N-R49W, EXCLUDING LOT H-
1 AND H-2 IN BROOKINGS COUNTY, SOUTH DAKOTA
WHEREAS, the City of Brookings is authorized pursuant to South Dakota Codified Law
9-4-1 to annex contiguous territory upon receipt of a written petition, describing said
territory sought to be annexed, signed by not less than three -fourths (3/4) of the legal
voters and by the owner or owners of not less than three -fourths (3/4) of the value of
said territory; and
WHEREAS, the City of Brookings has received a Petition for Annexation on the
following described property, to wit: Block 1 Mills Third Addition in the Northwest
Quarter of Section 6, Township 109 North, Range 49 West, Excluding Lot H-1 and H-2
in Brookings County, South Dakota; and
WHEREAS, the aforementioned land is contiguous to the present boundaries of the City
of Brookings; and
WHEREAS, the City of Brookings has received a Petition for Annexation of Territory
signed by the owners of greater than three-fourths (3/4) of the value of the
aforementioned property and greater than three -fourths (3/4) of the legal voters residing
in said territory; and
NOW , THEREFORE, BE IT RESOLVED by the City of Brookings, South Dakota, that
the property described above is hereby annexed to the City of Brookings.
Resolution 25-097. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 25-097, a Resolution Authorizing the Extension
of an Agreement to Transfer Real Property to the Brookings Economic Development
Corporation for Economic Development Purposes, be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and
Wendell.
RESOLUTION 25-097 - A RESOLUTION AUTHORIZING THE EXTENSION OF AN
AGREEMENT TO TRANSFER REAL PROPERTY TO THE BROOKINGS ECONOMIC
DEVELOPMENT CORPORATION FOR ECONOMIC DEVELOPMENT PURPOSES
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, the Brookings Economic Development Corporation, Inc. desires to extend
the agreement to acquire the following described property:
Approximately 13.09 acres with the exact acreage to be determined by survey
and plat, generally described as: Lot Three (3) in Block Ten (10) of Freeland
Addition, an Addition to the City of Brookings, County of Brookings, State of
South Dakota; and
WHEREAS, the Developer’s overall plan, which was stipulated to and agreed with the
other Parties in the Development Agreement, was to develop a “logistics and ag
innovation ecosystem upon the above-described property”; and
WHEREAS, the Parties agree that Developers did not start construction by April 1,
2025; and
WHEREAS, the Parties wish to come to an agreement concerning development of the
Property; and
WHEREAS, it is in the best interests of the City of Brookings that the City provide its
economic development assistance in this matter to aid and assist with the completion of
the aforesaid transaction which will further economic development in the City of
Brookings; and
WHEREAS, the City is authorized to enter into this transaction as an economic
development activity under the laws of the State of South Dakota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings,
South Dakota, as follows:
A. That the City intends to enter into the Forbearance Agreement Regarding Option
to Purchase; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to
execute the required documents in accordance with this Resolution.
Progress Report. Samantha Beckman, Assistant to the City Manager, provided a
progress report highlighting the City’s initiatives and projects.
Adjourn. A motion was made by Council Member Doran, seconded by Council
Member Tilton Byrne, that this meeting be adjourned at 6:36 p.m. The motion carried
by a unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings Volunteer List – as per Resolution 16-025
(Addendum to the December 16, 2025 City Council Minutes.)
Brookings City Library Volunteers – Updated June 2025: Cheryl Riley, Sarah Schultz, Diane Smart,
Taryn Yttrie; Brookings City Fire Department Volunteers: Major Anderson, Preston Anderson, John
Austin, Kevin Banken, Alex Berkness, Pete Bolzer, Derek Brown, Dan Bruna, Nick Casstevens, Tom
Coughlin, Mandi Cramer, Roger DeBates, Austin Gieseke, Scott Hallan, Bill Hardin, Drew Harding, Marty
Hendricks, Troy Herrig, Justin Heyer, Kevin Hilmoe, Dalton Holm, Dave Koch, Jim Kriese, Brett
Lawrence, Brandon Long, Garrett Mann – New – Effective 12/17/2025, Jaque Mann, Joshua Mann,
Logan Melberg, Gatlin Miller, Nick Oines, Steven Rensink, Connor Ringling, Jared Runge, Tim
Rynearson, Peyton Schaeffer, Rob Schuneman, Jeremy Scott, Jesse Seas, Joseph Sheeley, Lucas
Speakman, Shannon Stuefen, Curt Teal, Anthony Teesdale, Adam Vaux, Nicholas Voichahoske;
Brookings City Park & Recreation Volunteers: Matthew Albritton, Tynna Bain, Matthew Bowm an, Cody
Burggraff, Samuel Clement, Woodrow Dahl, Travis Erickson, Matthew Filed, Nathan Harrington, Nathan
Hilbrands, Dillon Howe, Matthew Hupf, Cameron Jones, Brandon Karels, Connor Landberg, Bo McCloud,
Chad Nicola, Cody Miller, Lisa Robinson, Seth Sayler, Joseph Schumacher, Christina Silva, Andrew
Wright, Nicole Yseth
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 26-001,Version:1
Action on Resolution 26-001, a Resolution designating Official Depositories.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution, designating official depositories for municipal
funds for the City of Brookings.
Attachments:
Resolution
City of Brookings Printed on 1/8/2026Page 1 of 1
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City Council Agenda Item Memo
From: Ashley Rentsch, Finance Director
Council Meeting: January 13, 2026
Subject: Resolution 26-001: Designating Official Depositories
Presenter: Ashley Rentsch, Finance Director
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution, designating official depositories
for municipal funds for the City of Brookings.
Item Details:
Pursuant to SDCL 9-22-6, designation of depositories of municipal funds, the governing
body shall designate the depository or depositories in which the funds belonging to the
municipality shall be deposited. Such depository or depositories shall be a bank or
banks within the State of South Dakota, unless otherwise specifically provided by law.
Staff recommends approval.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
None.
Supporting Documentation:
Resolution
RESOLUTION 26-001
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES
PURSUANT TO SDCL 9-22-6, the City Council of the City of Brookings, SD, hereby
designates the following as depositories for Municipal Funds of the City of Brookings for
the ensuing year:
Bank Star Financial
Central Bank
Dakotah Bank
Dakotaland Federal Credit Union
First Bank & Trust
First Interstate Bank
SD Public Fund Investment Trust
Wells Fargo Bank
Passed and Approved this 13th day of January, 2026.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 26-002,Version:1
Action on Resolution 26-002, a Resolution designating the Official Newspaper.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution, designating the official newspaper for the
City of Brookings.
Attachments:
Resolution
City of Brookings Printed on 1/8/2026Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: January 13, 2026
Subject: Resolution 26-002: designating the official newspaper
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution, designating the Brookings
Register as the official newspaper for the City of Brookings.
Item Details:
Pursuant to SDCL 9-12-6, designation of official newspapers. Each municipality shall
designate at a meeting of its governing body an official newspaper or newspapers , for
all legal and other official notices that must be published by law, for a period of time, not
to be less than 12 months, specified by the governing body in a resolution. The
newspaper must be published in the municipality. If no newspaper is published in the
municipality, the municipality shall comply with the requirements provided in SDCL 17 -
2-11.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
None.
Supporting Documentation:
Resolution
RESOLUTION 26-002
RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER
PURSUANT TO SDCL 9-12-6, the City Council of the City of Brookings, SD, hereby
designates the Brookings Register as the official newspaper for the City of Brookings,
for a period of time, not to be less than 12 months.
Passed and approved this 13th day of January, 2026.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 26-003,Version:1
Action on Resolution 26-003, a Resolution designating Purchase Authorities.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution designating purchase authorities which may
be used by staff to expedite the procurement of budgeted expenditures, while maintaining
compliance with state law.
Attachments:
Memo
Resolution
Flowchart
City of Brookings Printed on 1/8/2026Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: January 13, 2026
Subject: Resolution 26-003: Designation of Purchase Authorities
Person(s) Responsible: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution designating purchase
authorities which may be used by staff to expedite the procurement of budgeted
expenditures, while maintaining compliance with state law.
Item Details:
The City of Brookings is required to comply with South Dakota Codified Laws
associated with Pubic Agency Procurement (SDCL 5-18A-1 through 5-18A-53). SDCL
5-18A-22 allows the City to contract for supplies or services, other than professional
services, awarded by any governmental entity by competitive sealed bids or competitive
sealed proposals from any contract competitively solicited and awarded within the
previous 12 months.
Approval of the proposed resolution will authorize staff to utilize designated purchase
authorities for the procurement of budgeted expenditures during the Fiscal Year 2026
and direct staff to solicit local businesses, if such exist, that are in the business of
providing the services or supplies being procured off active contracts.
If approved, staff will submit an agenda item, placed on the consent agenda, at the
beginning of each Fiscal Year to designate the purchasing authorities for the calendar
year.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
None.
Supporting Documentation:
Resolution
Flowchart
RESOLUTION 26-003
RESOLUTION DESIGNATING PURCHASE AUTHORITIES
WHEREAS, the City of Brookings is required to comply with South Dakota Codified Laws
associated with Pubic Agency Procurement (SDCL 5-18A-1 through 5-18A-53); and
WHEREAS, the City of Brookings desires to utilize purchasing authorities and active
governmental contracts to make the procurement process more efficient and less costly; and
WHEREAS, the City of Brookings desires to allow local businesses the opportunity to meet or
exceed publicly bid and awarded contract pricing and delivery times.
NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby designates the
following purchase authorities for use by City of Brookings staff for the ensuing year:
Buy Board (https://www.buyboard.com )
Cooperative Purchasing Venture (https://mn.gov/admin/osp/other-purchasers/cpv/ )
Cooperative Purchasing Connection (https://purchasingconnection.org )
GSA Advantage (https://www.gsaadvantage.gov/advantage )
H-GAC (https://www.h-gac.com/procurement )
Minnesota State Cooperative Purchasing Venture (https://www.dot.state.mn.us )
NASPO ValuePoint (https://www.naspovaluepoint.org )
Omnia Partners (https://www.omniapartners.com )
Sourcewell (https://www.sourcewell-mn.gov )
South Dakota State Contracts (https://boa.sd.gov )
South Dakota State Surplus (https://surplus.sd.gov )
The Interlocal Purchasing System (TIPS) (https://www.tips-usa.com/)
BE IT FURTHER RESOLVED, that the City of Brookings hereby authorizes City staff, as per
SDCL 5-18A-22, to piggy-back on any active contract for supplies or services, other than
professional services, that has been awarded by any governmental entity by competitive sealed
bids or competitive sealed proposals or from any contract that was competitively solicited and
awarded within the previous twelve months.
BE IT FURTHER RESOLVED, that the City of Brookings directs staff to solicit local businesses,
if such exist, that are in the business of providing the services or supplies being procured off
active contracts.
Passed and Approved this 13th day of January, 2026.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Procurement of Supplies and Services through
Designated Purchase Authorities
(Budgeted Items => $50,000)
Determine Need/
Justification
Budget Adoption
Acquire quote(s) from
authorized designated
authority
(in compliance with
State Law and Local
Preference)
Complete Bid Authority
Form & Documentation
Issue Purchase Order
Current Process with Annual
Approval of Resolution
Designated purchase authority
must be listed on annual resolution,
approved each January
2024.01.03
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0012,Version:1
Report: SDSU Student Association.
Summary:
SDSU SA Government Affairs Chair, Anna Hundt, will provide an update on SDSU happenings to the
City Council and members of the public.
My name is Anna Hundt. I am from Cashton, Wisconsin just outside of La Crosse. I am a
sophomore at SDSU studying Political Science and History with a Legal Studies minor and a Pre-
Law track. I am currently on track to graduate in December of 2027. I hope to attend law school
back in Wisconsin after I graduate to practice estate, LLC, and land law as an attorney. Though not
originally from South Dakota, I was able to serve as an intern for the South Dakota Legislature for
their 100th session. I served under Representative Bethany Soye in the House of Representatives. I
enjoyed my time there thoroughly and hope to return in some capacity throughout my undergraduate
career. At SDSU, I am involved in the Political Science Club, Pre-Law Society, the Newman Centr,
Honors College, and currently serve as the Treasurer of College Republicans.
The Students' Association is comprised of all General Activity Fee-paying students at South Dakota
State University. The Students' Association Senate is the official student government organization at
SDSU, consisting of 26 senators representing each of the academic colleges and the student body
president and vice president.
The Students' Association Senate serves as a representative body to bring the voice of SDSU
students to university administration, faculty, staff, state legislators and the South Dakota Board of
Regents of Higher Education. The Students' Association also allocates student fee funds to support
various campus entities, facilities and many student organizations.
SDSU SA Website:<https://www.sdstate.edu/students-association>
City of Brookings Printed on 1/8/2026Page 1 of 1
powered by Legistar™
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0015,Version:1
Reports: City Council Ex-Officio Reports
Summary:
City Council Members, serving as Ex-Officio members on the Brookings Health System Board of
Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended
at the first City Council meeting of the month.
Brookings Municipal Utility Board:
1.Council Member Wayne Avery
2.Council Member Bonny Specker
Brookings Health Systems Board of Trustees:
1.Council Member Brianna Doran
2.Council Member Lisa Hager
City of Brookings Printed on 1/8/2026Page 1 of 1
powered by Legistar™
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 26-001,Version:1
Introduction and First Reading on Ordinance 26-001, an Ordinance Amending Chapter 74 - Streets,
Sidewalks, and Other Public Places, of the Code of Ordinances of the City of Brookings, South
Dakota. Public Hearing and Action: January 27, 2026.
Summary and Recommended Action:
To ensure the usability, structural integrity and life expectancy of the right-of-way in the City of
Brookings, a formal policy and ordinance amendments are proposed establishing permit and
licensing procedures for contractors and entities who are working within the right-of-way. Work within
the right-of-way shall include any excavation, construction, repair, or maintenance of utilities,
pavement, or other things located in, on, above, under or across a right-of-way. Staff recommends
approval of the proposed ordinance amendment.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Legal Notice
Right of Way Work Policy - Draft
City of Brookings Printed on 1/5/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Charlie Richter, City Engineer
Council Meeting: January 13, 2026 / January 27, 2026
Subject: Ordinance 26-001: Revision to City Code of Ordinances,
Chapter 74: Streets, Sidewalks, and Other Public Places
Presenter: Charlie Richter, City Engineer
Summary and Recommended Action:
To ensure the usability, structural integrity and life expectancy of the right-of-way in the
City of Brookings, a formal policy and ordinance amendment are proposed establishing
permit and licensing procedures for contractors and entities who are working within the
right-of-way.
Work within the right-of-way shall include any excavation, construction, repair, or
maintenance of utilities, pavement, or other things located in, on, above, under or
across a right-of-way.
Staff recommends approval of the proposed ordinance amendment to protect the City’s
right-of-way infrastructure.
Item Details:
The City currently has an Excavation Permit, which is required for work which occurs
within the right-of-way, but lacks clarity and enforcement. The proposed amendment
will replace the Excavation Permit with a Right-of-Way Work Permit and enhance the
requirements, procedures, and enforcement within the right-of-way. Any work in the
right-of-way including electrical, telecommunications, storm sewer, sanitary sewer,
water and road work, will require a Right-of-Way Work Permit; however, exemptions
apply to work contracted by the City and City-owned utilities, and any work associated
with driveway approaches, landscaping, and sidewalk repairs.
Key improvements of the Right-of-Way Work Permit are:
1. Must be obtained at least two business days prior, unless work is deemed an
emergency by the Public Works - Engineering Division.
2. Requires a traffic control and detour plan, if applicable.
3. Establishes penalties when work within the right-of-way occurs without a
permit. A fine of $250 for the 1st offense, $500 for the 2nd offense, and $1,000
for the 3rd offense and any subsequent offense shall be added to the
consolidated fee schedule.
4. The warranty period will be reduced to 3 years from the previous 5 years to
match the warranty for subdivisions.
5. Permits will not be issued from November 15th thru April 15th, unless deemed
necessary by the Public Works - Engineering Division.
6. Institutes a minimal fee of $35.00 per permit to recover costs associated with
permit issuance and tracking.
7. For work performed on water, sanitary sewer, and storm sewer within the
right-of-way the contractor must possess a State plumbing license.
8. Contractor(s) performing the work must obtain an annual Excavator License.
- To obtain an Excavator License, the contractor or entity performing the
work within the right-of-way shall provide the following:
o General Liability Insurance ($1,000,000.00 / $2,000,000.00).
o Proof of Worker’s Compensation Insurance (if applicable).
o Surety Bond in the amount of $10,000.
- No fee established at this time.
- License will run from January 1st thru December 31st and will need to
be renewed annually.
Currently the City requires excavators that perform work in the right-of-way to be City
licensed plumbers. Licensed City plumbers are required to possess a State plumbing
license as well as provide a certificate of insurance to the City. With the creation of an
Excavator License and the requirement to possess a State plumbing license for water,
sanitary sewer and storm sewer when working on these utilities within the right-of-way a
City plumbing license will no longer be required. A separate agenda will be presented
to the City Council recommending the elimination of the City plumbing license from
ordinance code.
Staff conducted a meeting in December and presented the policy and ordinance
amendment to local contractors and entities including: Brookings Municipal Utilities,
telecommunication companies, and gas companies. General feedback from the
attendees was positive. There were several scenarios where contractors questioned
when a permit would be required but understood that a permit would be needed once
excavation occurred within the right-of-way, except for the exemptions listed. Those
contractors and entities who were unable to attend were emailed the presentation and a
summary of the new permit requirements.
Legal Consideration:
The City Attorney has reviewed the ordinance amendment and policy.
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community
and economic desires and needs without compromising future generations’
quality of life by strategically planning, implementing and maintaining
infrastructure and facilities.
Financial Consideration:
There is no net general fund cost increase associated with the recommended action.
Fund #430 - Public Works will receive the revenue fees for the permits to recover costs
associated with permit issuance and tracking. The Right-of-Way permit fee is proposed
to be set at $35.00.
Supporting Documentation:
Ordinance - clean
Ordinance - marked
Legal Notice
Right of Way Work Policy - Draft
ORDINANCE 26-001
AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS AND PERTAINING TO STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
THAT CHAPTER 74, ARTICLE IV. of the Code of Ordinances and pertaining to Work
within the Right-Of-Way is hereby amended to read as follows:
Section 74-141. Permit required.
No person shall make or cause to be made any W ork to be completed in or upon any
City Right-Of-Way or public ground in the city; nor shall any person remove soil, paving,
gravel or any material from any City Right-Of-Way or public ground without first having
obtained a Right-Of-Way Work permit from the Public Works - Engineering Division at
least two (2) business days in advance of any work. Exceptions may be made for Work
that is contracted directly with the City or for emergency W ork. For emergency Work, a
contractor must immediately notify the Public Works - Engineering Division (or Police
Department if after hours) and obtain a permit the next business day. Right-Of-Way
Work Permits will not be issued from November 15th thru April 15th unless
circumstances are deemed an emergency. If weather conditions allow, the Public
Works - Engineering Division may make an exception and approve a permit during this
time frame.
(Code 1996, § 33-90; Ord. No. 28-12, § I, 12-18-2012)
Section 74-142 Definitions.
The following words and phrases shall have the meanings provided below.
Permit Holder. Means the person or entity, in possession of a valid Excavator License,
applying for a Right-Of-Way work permit.
Right-of-way: A strip of land occupied by a street, railroad, pedestrian walkway or
other special use. The use of the term right -of-way for platting purposes shall mean
that every right-of-way hereafter established and shown on a plat is to be separate
and distinct from the lots or parcels adjoining such right -of-way and not included within
the dimensions or area of such lots or parcels.
Work. Means any excavation, construction, repair, or maintenance of utilities,
pavement, or other things located in, on, above, under or across a Right-Of-W ay.
Section 74-143. Exceptions.
The following types of work in the Right-Of-Way are exceptions to this section of code.
a. Landscaping and irrigation.
b. Driveway approaches. (Section 74-3)
c. Sidewalk repairs. (Section 74-181)
Section 74-144. Specifications.
All W ork performed under the provisions of this article shall conform to the
specifications, rules and regulations on file in the Public Works - Engineering Division.
(Code 1996, § 33-91; Ord. No. 28-12, § I, 12-18-2012)
Section 74-145. Protection of public.
Any person performing Work within any street, alley, sidewalk or public ground shall,
during the progress and continuance of the Work, erect, keep and maintain about and
around the Work during both day and night, suitable guards, fences, warning lights and
signals as described in the latest version of the Manual of Uniform Traffic Control
Devices published by the Federal Highway Administration and specifications, rules and
regulations on file in the Public Works - Engineering Division, to prevent injury to
persons, animals or vehicles as a result of such Work.
(Code 1996, § 33-94; Ord. No. 28-12, § I, 12-18-2012)
Section 74-146. Permit Holder responsibility.
The Permit Holder shall coordinate with the City for street or alley construction,
rebuilding, resurfacing and repair to minimize multiple disturbances of the same area.
The Permit Holder shall leave City property and Right-Of-W ay in as good and safe
condition as it was before the commencement of W ork by the Permit Holder, its agents
and contractors, and shall repair and restore any City property or Right-Of-Way which is
disturbed, damaged by construction, maintenance or operations of the Permit Holder.
The City shall determine whether adequate repair and restoration has been completed
by the Permit Holder. In the event the Permit Holder fails to repair or restore affected
City property or Right-Of-W ay in a manner acceptable to the City, the City may, after
allowing the Permit Holder a reasonable period to complete the repair and restoration,
make such repairs and restoration and the Permit Holder shall pay the costs incurred by
the City for such repairs and restoration.
(Code 1996, § 33-95; Ord. No. 26-06, § I, 7-25-2006; Ord. No. 28-12, § I, 12-18-2012)
Section 74-147. Duration of street or alley closures.
The dates, times and duration of any street or alley closures shall be stated on the
permit and will be subject to approval by the City Engineer. Requests for changes to
such dates, times, or duration of street or alley closures stated on the permit must be
made in writing to the Public Works - Engineering Division prior to expiration of the
permit.
(Ord. No. 28-12, § I, 12-18-2012)
Section 74-148. Warranty.
The Permit Holder is responsible for workmanship, materials, trench settlement or any
other deficiencies caused by their W ork during the corrective period of three (3) years
following Work. The Permit Holder shall repair and/or replace all deficiencies during the
corrective period at no cost to the City. Any surface restoration costs incurred because
of the repairing and/or replacing of deficiencies shall be borne by the Permit Holder. The
City shall determine whether adequate repair and restoration has been completed by
the Permit Holder. In the event that the Permit Holder fails to repair or restore affected
City property or Right-Of-W ay in a manner acceptable to the City, the City may, after
allowing the Permit Holder a reasonable period to complete the repair and restoration,
make such repairs and restoration and the Permit Holder shall pay the costs incurred by
the City for such repairs and restoration.
(Ord. No. 28-12, § I, 12-18-2012)
Section 74-149. Violations and enforcement.
(a) Violations. A violation of any provision of this article shall be punishable as
provided in the current schedule of fees as adopted by City Council.
(b) In case any Work occurs in violation of this article, the appropriate authorities of
the City, may, in addition to other remedies, institute injunction or other
appropriate actions or proceedings to prevent such Work, and may also correct
or abate such violation at the expense of the Permit Holder.
(Ord. No. 28-12, § I, 12-18-2012)
Section 74-150. Excavator License Required.
1. It is unlawful for any person or persons representing or operating as a sole
proprietorship, partnership, firm, limited liability company or corporation, to
conduct, carry on or engage in the business of excavation or acting in the
capacity of an excavator without having first been issued a valid Excavator
License by the City. For the purposes of this section, any Right-Of-Way W ork
performed within the licensing jurisdiction of the City that requires a Right-Of-
Way Work Permit will also require an Excavator License.
2. The following are exempt from licensing requirements:
a. Contractors performing work under direct contract with the City.
b. City owned utility companies.
Section 74-151. License Application Procedure and Requirements.
An Excavator License shall be issued to every sole proprietorship, partnership, firm,
limited liability company or corporation who makes application for the license and meets
the requirements as stated in this chapter. The Public Works - Engineering Division is
authorized to issue an Excavator License provided the provisions of this chapter are
satisfied. The City Engineer may refer any licensing issues to the City Manager for
review prior to approval or rejection.
(a) Person or persons responsible for license. Each license issued to a sole
proprietorship, partnership, firm, limited liability company or corporation shall be the
responsibility of the owner or manager of the sole proprietorship, partnership, firm,
limited liability company or corporation.
(b) License use restricted. No licensed excavation contractor shall knowingly allow their
name to be used by any person directly or indirectly, either to obtain an Excavator
License or to perform work which is not conducted by the licensed excavation
contractor or under the supervision of the licensed excavation contractor.
(c) License term renewal. All licenses issued under the provisions of this chapter shall
expire on December 31 of every year.
(d) Liability Insurance. Liability insurance shall be required. Every applic ant for an
Excavator License shall present to the Public Works - Engineering Division for their
review a valid certificate of insurance at the time of application. It shall be the duty of
applicant to continually maintain valid liability insurance. The minimum required
general liability insurance shall be $1,000,000.00 for each occurrence and
$2,000,000.00 aggregate. The City of Brookings shall be named as the additional
insured.
(e) Worker’s compensation insurance. Proof of worker’s compensation insurance shall
be verified prior to issuance of an Excavator License.
(f) Proof of bond. Surety bond in the amount of $10,000.00, related to the Work
performed by the company, in favor of the City of Brookings, stating the owner/agent
will indemnify and safe harmless the City, its employees and its agenda and the
owner of the premises against all damages, costs, expenses, outlays and claims
arising out of unskillfulness or negligence on his part in connection with such work.
Such bond shall remain in force for the term of the license .
Section 74-152. Application.
Application for a permit or license required by this article shall be made on suitable
forms provided by the Public Works - Engineering Division . The application shall be
accompanied by fees in accordance with the schedule of fees established by the City
as provided in section 74-153.
Section 74-153. Schedule of Fees.
The schedule of fees to be charged for the issuance of permits and licenses under this
article shall be established by City Council on a regular basis. Work performed by
municipally owned utility companies will be exempt from permit fees but will be required
to obtain a permit.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: January 13, 2026
SECOND READING: January 27, 2026
PUBLISHED:
CITY OF BROOKINGS, SD
_______________________________
Oepke G. Niemeyer, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
Brookings, South Dakota, Code of Ordinances Created: 2024-07-17 14:48:41 [EST]
(Supp. No. 17)
Page 1 of 5
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES OF
THE CITY OF BROOKINGS AND PERTAINING TO STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE
OF SOUTH DAKOTA, AS FOLLOWS:
THAT CHAPTER 74, ARTICLE IV. of the Code of Ordinances and pertaining to Work within the
Right-Of-Way is hereby amended to read as follows:
Sec. 74-141. Permit required.
No person shall make or cause to be made any excavationWork to be completed in or upon
any street, sidewalk, alleyCity Right-Of-Way or public ground in the city; nor shall any person
remove soil, paving, gravel or any material from any street, sidewalk, alleyCity Right-Of-Way or
public ground without first having obtained a Right-Of-Way Work permit therefor from the city
engineer.Public Works - Engineering Division at least two (2) business days in advance of any
work. Exceptions may be made for workWork that is contracted directly with the cityCity or for
emergency workWork. For emergency workWork, a contractor must immediately notify the city
engineerPublic Works - Engineering Division (or police departmentPolice Department if after hours)
and obtain a permit the next business day. Right-Of-Way Work Permits will not be issued from
November 15th thru April 15th unless circumstances are deemed an emergency. If weather
conditions allow, the Public Works - Engineering Division may make an exception and approve
a permit during this time frame.
(Code 1996, § 33-90; Ord. No. 28-12, § I, 12-18-2012)
Sec. 74-142 Definitions.
The following words and phrases shall have the meanings provided below.
Permit Holder. Means the person or entity, in possession of a valid Excavator License, applying
for a Right-Of-Way work permit.
Right-of-way: A strip of land occupied by a street, railroad, pedestrian walkway or other
special use. The use of the term right -of-way for platting purposes shall mean that every right -
of-way hereafter established and shown on a plat is to be separate and distinct from the lots
or parcels adjoining such right -of-way and not included within the dimensions or area of such
lots or parcels.
Work. Means any excavation, construction, repair, or maintenance of utilities, pavement, curb
and gutter, or other things located in, on, above, under or across a Right-Of-Way.
Created: 2024-07-17 14:48:41 [EST]
(Supp. No. 17)
Page 2 of 5
4910-0602-7097, v. 1
Sec. 74-143. Exceptions.
The following types of work in the Right-Of-Way are exceptions to this section of code.
a. Landscaping and irrigation.
b. Driveway approaches. (Section 74-3)
c. Sidewalk repairs. (Section 74-181)
Sec. 74-144. Specifications.
All workWork performed under the provisions of this article shall conform to the
specifications, rules and regulations on file in the office of the city engineerPublic Works -
Engineering Division.
(Code 1996, § 33-91; Ord. No. 28-12, § I, 12-18-2012)
Sec. 74-143. Trenches generally.
Trenches for all sewer and water service lines, sewer and water mains or other excavations for any purpose
between the curblines of any street must be backfilled and compacted with suitable engineered fill in accordance
with standards and procedures established by the city engineer. In any case, frozen or organic material shall not be
used as trench backfill.
(Code 1996, § 33-92; Ord. No. 28-12, § I, 12-18-2012)
Sec. 74-144. Cutting pavements.
Where pavement is cut in making any street excavation, such pavement shall be replaced by the contractor
and the contractor or person making such excavation shall pay for and be liable for the cost of such replacement. If
the contractor fails to repair the pavement within the dates, times or duration stated on the permit, the city shall
arrange to repair the pavement and the contractor must reimburse the city for the cost of the repair.
(Code 1996, § 33-93; Ord. No. 28-12, § I, 12-18-2012)
Sec. 74-145. Protection of public.
Any person performing excavationsWork within any street, alley, sidewalk or public ground
shall, during the progress and continuance of the workWork, erect, keep and maintain about and
around the excavationWork during both day and night, suitable guards, fences, warning lights and
signals as described in the latest version of the Manual of Uniform Traffic Control Devices
published by the Federal Highway Administration and specifications, rules and regulations on
file in the Public Works - Engineering Division, to prevent injury to persons, animals or vehicles
as a result of such excavations. Any person making such excavation shall, when the excavation is completed,
promptly and without delay, backfill the excavation in accordance with the standards and procedures established
by the city engineerWork.
(Code 1996, § 33-94; Ord. No. 28-12, § I, 12-18-2012)
Sec. 74-146. Excavator'sPermit Holder responsibility.
The excavatorPermit Holder shall coordinate with the cityCity for street or alley construction,
rebuilding, resurfacing and repair to minimize multiple disturbances of the same area. The
excavatorPermit Holder shall leave cityCity property and right-of-wayRight-Of-Way in as good and
safe condition as it was before the commencement of workWork by the excavatorPermit Holder,
its agents and contractors, and shall repair and restore any cityCity property or right-of-wayRight-
Of-Way which is disturbed, damaged or injured by construction, maintenance or operations of the
excavator.Permit Holder. The cityCity shall determine whether adequate repair and restoration
has been completed by the excavator.Permit Holder. In the event the excavatorPermit Holder fails
to repair or restore affected cityCity property or right-of-wayRight-Of-Way in a manner acceptable
to the cityCity, the cityCity may, after allowing the excavatorPermit Holder a reasonable period to
complete the repair and restoration, make such repairs and restoration and the excavatorPermit
Holder shall pay the costs incurred by the cityCity for such repairs and restoration.
(Code 1996, § 33-95; Ord. No. 26-06, § I, 7-25-2006; Ord. No. 28-12, § I, 12-18-2012)
Sec. 74-147. Duration of street or alley closures.
The dates, times and duration of any street or alley closures shall be stated on the permit
and will be subject to approval by the city.City Engineer. Requests for changes to such dates,
times, or duration of street or alley closures stated on the permit must be made in writing to the
city engineerPublic Works - Engineering Division prior to expiration of the permit.
(Ord. No. 28-12, § I, 12-18-2012)
Sec. 74-148. Warranty.
The excavatorPermit Holder is responsible for workmanship, materials, trench settlement or
any other deficiencies caused by their workWork during the corrective period of fivethree (3)
years following excavation, and the contractorWork. The Permit Holder shall repair and/or replace all
deficiencies during the corrective period at no cost to the cityCity. Any surface restoration costs
incurred because of the repairing and/or replacing of deficiencies shall be borne by the
excavator.Permit Holder. The cityCity shall determine whether adequate repair and restoration
has been completed by the excavator.Permit Holder. In the event that the excavatorPermit Holder
fails to repair or restore affected cityCity property or right-of-wayRight-Of-Way in a manner
acceptable to the cityCity, the cityCity may, after allowing the excavatorPermit Holder a reasonable
period to complete the repair and restoration, make such repairs and restoration and the
excavatorPermit Holder shall pay the costs incurred by the cityCity for such repairs and
restoration.
(Ord. No. 28-12, § I, 12-18-2012)
Sec. 74-149. Violations and enforcement.
(a) (a) Violations. A violation of any provision of this article shall be punishable as
provided in chapter 1the current schedule of this Code.fees as adopted by City Council.
(b) (b) In case any excavationWork occurs in violation of this article, the appropriate
authorities of the cityCity, may, in addition to other remedies, institute injunction or other
Created: 2024-07-17 14:48:41 [EST]
(Supp. No. 17)
Page 4 of 5
appropriate actions or proceedings to prevent such unlawful excavation or constructionWork,
and may also correct or abate such violation at the expense of the Permit Holder.
(Ord. No. 28-12, § I, 12-18-2012)
SecsSec. 74-150—. Excavator License Required.
1. It is unlawful for any person or persons representing or operating as a sole
proprietorship, partnership, firm, limited liability company or corporation, to conduct,
carry on or engage in the business of excavation or acting in the capacity of an
excavator without having first been issued a valid Excavator License by the City. For
the purposes of this section, any Right-Of-Way Work performed within the licensing
jurisdiction of the City that requires a Right-Of-Way Work Permit will also require an
Excavator License.
2. The following are exempt from licensing requirements:
a. Contractors performing work under direct contract with the City.
b. City owned utility companies.
Sec. 74-180. Reserved151. License Application Procedure and Requirements.
An Excavator License shall be issued to every sole proprietorship, partnership, firm, limited
liability company or corporation who makes application for the license and meets the
requirements as stated in this chapter. The Public Works - Engineering Division is authorized to
issue an Excavator License provided the provisions of this chapter are satisfied. The City
Engineer may refer any licensing issues to the City Manager for review prior to approval or
rejection.
(a) Person or persons responsible for license. Each license issued to a sole
proprietorship, partnership, firm, limited liability company or corporation shall be the
responsibility of the owner or manager of the sole proprietorship, partnership, firm,
limited liability company or corporation.
(b) License use restricted. No licensed excavation contractor shall knowingly allow their
name to be used by any person directly or indirectly, either to obtain an Excavator
License or to perform work which is not conducted by the licensed excavation
contractor or under the supervision of the licensed excavation contractor.
(c) License term renewal. All licenses issued under the provisions of this chapter shall
expire on December 31 of every year.
(d) Liability Insurance. Liability insurance shall be required. Every applicant for an
Excavator License shall present to the Public Works - Engineering Division for their
review a valid certificate of insurance at the time of application. It shall be the duty of
applicant to continually maintain valid liability insurance. The minimum required
general liability insurance shall be $1,000,000.00 for each occurrence and
$2,000,000.00 aggregate. The City of Brookings shall be named as the additional
insured.
(e) Worker’s compensation insurance. Proof of worker’s compensation insurance shall
be verified prior to issuance of an Excavator License.
(f) Proof of bond. Surety bond in the amount of $10,000.00, related to the Work
performed by the company, in favor of the City of Brookings, stating the owner/agent
will indemnify and safe harmless the City, its employees and its agenda and the
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owner of the premises against all damages, costs, expenses, outlays and claims
arising out of unskillfulness or negligence on his part in connection with such work.
Such bond shall remain in force for the term of the license.
Sec. 74-152. Application.
Application for a permit or license required by this article shall be made on suitable forms
provided by the Public Works - Engineering Division . The application shall be accompanied
by fees in accordance with the schedule of fees established by the City as provided in section
74-153.
Sec. 74-153. Schedule of Fees.
The schedule of fees to be charged for the issuance of permits and licenses under this article
shall be established by City Council on a regular basis. Work performed by municipally owned
utility companies will be exempt from permit fees but will be required to obtain a permit.
NOTICE OF PUBLIC HEARING
Ordinance 26-001
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, January 27, 2026, in the
Brookings City & County Government Center Chambers, 520 Third Street, to consider
adoption of a revision to the City Code of Ordinances, entitled Ordinance 26-001, an
Ordinance Amending Chapter 74 of the Code of Ordinances of the City of Brookings
and Pertaining to Streets, Sidewalks and Other Public Place s. At which time and place
all persons interested will be given a full, fair and complete hearing thereon. Dated in
Brookings, South Dakota, this 16th day of January, 2026.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
City of Brookings
Policy Title: Right-Of-Way Work Policy
Issue Date:
XX/XX/2026 Updated: n/a
Policy Source:
Public Works Department
Policy Audience:
City Employees Total Pages: 4
Purpose:
The purpose of this policy is to establish a formal permit procedure for performing W ork
within the Right-Of-Way, herein referred to as the “Right-Of-Way Work Permit” (as
defined in Section 74-142 of the City of Brookings Municipal Code), to ensure that the
usability, structural integrity and life expectancy of these Rights-Of-Way are preserved.
The City of Brookings Municipal Code, Chapter 74: Streets, Sidewalks, and Other
Public Places; Section I Article IV provides additional clarification of requirements for
obtaining a Right-Of-Way Work Permit, as well as an Excavator License.
Scope:
The policy is intended to address the procedures for gaining approval to perform Work
within the City Right-Of-W ay, as defined in the City of Brookings municipal ordinance
code.
Applicability:
The requirements set forth in this policy will apply to all public or private utility
companies, contractors, business owners, or homeowners desiring to perform Work
within any public Right-Of-W ay under the jurisdiction and control of the City of
Brookings or any City-owned property. “Work”, as defined in Section 74-142, includes
but is not limited to construction, excavation, backfill, trenching, boring, potholing, and
demolition. The following types of Work are exempt from this policy: driveway
approaches, sidewalk installation or repair, landscaping, irrigation, or other Work that
the City Engineer deems exempt.
Legal Authority:
Reference is hereby made to the Municipal Code of the City of Brookings, South Dakota,
Chapter 74 Streets, Sidewalks and Other Public Places, Article IV., wherein it is stated
that written permission from the Public Works - Engineering Division is required to
perform W ork upon any street, alley or public ground in the City.
Permit Process & Fees (Permit Requirements):
Any person or entity performing Work within the Right-Of-W ay must obtain a Right-Of-
Way Work Permit from the Public Works - Engineering Division at least two (2) business
days prior to starting the W ork, with exceptions to W ork performed under direct contract
with the City of Brookings or W ork performed for emergency repairs to damaged
infrastructure. In the circumstance of emergency W ork, a permit must be obtained the
following business day; failure to do so may incur additional penalties.
A permit fee, pursuant to the City Council approved Consolidated Fee Schedule, is
required to be paid in full at the time the application is submitted. Work performed for
municipally owned utility companies will be exempt from permit fees but will be required
to obtain a permit.
Applicants must provide detailed information about the location, nature, and extent of
the W ork to be performed. Multiple excavations are allowed if pre-defined under the
original Permit. An anticipated timeframe for the W ork must be included on the
application form. Permits will be valid for the days approved on the permit.
Modifications to the dates can be made by contacting the Public Works - Engineering
Division for approval.
The City will not approve a permit application for Work between November 15th and
April 15th unless it is an emergency repair to infrastructure or utilities, as deemed by the
City Engineer. If weather conditions allow, the City Engineer or designee may make an
exception and approve a permit during this timeframe; however, the Permit Holder will
still be responsible for restoring the W ork site to the satisfaction of the City Engineer,
even if the weather becomes unsatisfactory while the Work is in progress. The Permit
Holder may be required to perform immediate temporary measures to restore the Work
site to the satisfaction of the City Engineer, as well as provide ongoing maintenance of
such measures until permanent restoration is completed.
Traffic Control and Protection of Work Site:
Adequate pedestrian and vehicular traffic control, signs and barricades are the Permit
Holder’s responsibility and shall be provided by the Permit Holder. No street shall be
closed without prior notification to the Brookings Police Department. Utility locates must
be completed prior to any work. Call South Dakota One Call at 811 to make
arrangements. The Applicant must provide an acceptable traffic control plan with the
Permit application.
Excavator License:
Any person or entity performing the W ork in a Right-Of-W ay must possess an Excavator
License with the City of Brookings prior to a permit application being submitted. To
obtain an Excavator’s License, the Public Works - Engineering Division will require the
following:
A. Excavator License Application
B. Bonds & Insurance: Bond and Insurance requirements shall be met and are
detailed in the application for obtaining an Excavator License. The bond and
insurance shall be valid for the term of the Excavator License, expiring
December 31st of the current year.
C. Excavator License Fee: The fee for an Excavator License is set forth in the
City Council approved Consolidated Fee Schedule and is due at the time of
application submittal.
D. The following are exempt from licensing requirements:
a. Contractors performing work under direct contract with the City.
b. City owned utility companies and contractors performing work for City
owned utility companies.
Penalties:
If non-emergency W ork begins without first obtaining a Right-Of-Way Work Permit, in
addition to the permit fee, a fine may be charged as follows:
A. $250 for the 1st offense
B. $500 for the 2nd offense
C. $1,000 for the 3rd offense and any subsequent offense
The City Engineer may waive penalties if a sufficient reason is provided.
Safety Standards and Protection to Public:
Any person performing W ork shall, during the progress and continuance of the W ork,
keep and maintain about and around the excavation during both day and night, suitable
guards, fences, warning lights and signals in the latest version of the Manual on Uniform
Traffic Control Devices (MUTCD) to prevent injury to persons, animals or vehicles as a
result of such excavations.
Permit Holder’s Responsibility:
A. Permit Holder must provide and maintain construction signage to meet
MUTCD requirements on any land or sidewalk closures. The use of barriers,
warning signs and protective equipment shall be considered.
B. Access to adjacent properties must be provided at all times unless
arrangements have been made with the property owner.
C. During the winter months, traffic control shall be removed whenever City
snow removal operations are anticipated.
Construction Methods & Materials:
Work must conform to all applicable standards, specifications, codes, and regulations of
the City of Brookings and Brookings Municipal Utilities.
Warranties and Responsibilities for Continued Maintenance:
The permit holder is responsible for workmanship, materials, trench settlement, or any
other deficiencies caused by their work during the corrective period of three (3) years
following excavation.
During the warranty period:
A. The permit holder shall repair and/or replace all deficiencies during the
corrective period at no cost to the City.
B. The City shall determine whether adequate repair and restoration has
been completed.
C. If the permit holder fails to repair or restore affected Right-Of-Way, in a
reasonable and timely manner, the City may complete repairs, and the
permit holder shall pay the costs incurred by the City.
D. If a permit holder fails to comply with the City Engineer Rules and
Regulations, the City Engineer may choose to revoke their Excavator
License and deny future Right-Of-Way Work Permits.
E. In the event of a failed restoration that may cause a hazard to
pedestrian or vehicular traffic, and the permit holder responsible is not
able to repair the site within a reasonable amount of time determined
by the City Engineer, the City may complete the repairs and bill the
permit holder accordingly.
Approved:
City Manager: _________________________________
Date: ___________________________
Review and Amendments:
This policy has been reviewed by:
City Engineer: _________________________ Date: ____________________
Public Works Director: ___________________ Date: ____________________
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 26-002,Version:1
Introduction and First Reading on Ordinance 26-002, an Ordinance Amending Chapter 22 - Buildings
and Building Regulations of the Code of Ordinances of the City of Brookings, South Dakota. Public
Hearing and Action: January 27, 2026.
Summary and Recommended Action:
The State of South Dakota is responsible for the licensing, regulation, and inspection of residential
and commercial plumbing within the City of Brookings. The proposed amendment eliminates
redundant regulations and the requirement of a separate plumbing license, issued by the City of
Brookings.
Staff recommends approval of the proposed ordinance amendment to strike reference to the City’s
regulation of plumbing.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Legal Notice
City of Brookings Printed on 1/8/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Charlie Richter, City Engineer
Council Meeting: January 13, 2026 / January 27, 2026
Subject: Ordinance 26-002: Revision to Chapter 22 – Buildings and
Building Regulations
Presenter: Charlie Richter, City Engineer
Summary and Recommended Action:
The State of South Dakota is responsible for the licensing, regulation, and inspection of
residential and commercial plumbing within the City of Brookings. The proposed
amendment eliminates redundant regulations and the requirement of a separate
plumbing license, issued by the City.
Staff recommends approval of the proposed ordinance amendment.
Item Details:
Chapter 22, Article III – Plumbing outlines the City’s regulations for obtaining plumbing
permits and plumbing licenses. However, the City of Brookings has not been
responsible for permitting and inspecting plumbing work for either commercial or
residential construction since 1970, when those responsibilities were assumed by the
State of South Dakota.
The only portion of the plumbing ordinance that remains enforced is the requirement to
obtain a City plumber’s license. This license serves to regulate water, sanitary sewer
and storm sewer work within the right-of-way and requires submission of an insurance
certificate, a performance bond, and proof of a state plumbing license for approval.
Public Works is proposing amendments to Chapter 74, Article IV – Excavations, which
will require an Excavator’s License as part of the new Right-of-Way Work Permit, as
well as a valid state plumbing license for any water, sanitary sewer, or storm sewer
work within the right-of-way. With these new requirements in place, the City plumber’s
license will become redundant and obsolete.
To reduce confusion regarding the authority responsible for regulating plumbing within
the City, Public Works proposes eliminating Chapter 22, Article III – Plumbing in its
entirety and amending Chapter 22, Article II - Building Code, Section 22-31, to adopt the
State of South Dakota’s plumbing code by reference.
Public Works has coordinated Community Development and Brookings Municipal
Utilities regarding the proposed changes, and all parties are in agreement.
Legal Consideration:
None
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of life by
strategically planning, implementing and maintaining infrastructure and facilities.
Financial Consideration:
There will be no net increase General Fund costs associated with the recommended
action. The anticipated loss of annual revenue (approximately $1,000) from the
issuance of City plumber’s license is expected to be fully offset by revenue generated
through the issuance of right-of-way work permits.
Supporting Documentation:
Ordinance - clean
Ordinance - marked
Legal Notice
ORDINANCE 26-002
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS AND PERTAINING TO BUILDINGS AND BUILDING
REGULATIONS
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
THAT CHAPTER 22, ARTICLE II AND III. of the Code of Ordinances and pertaining to
Buildings and Building Regulations is hereby amended to read as follows:
ARTICLE II. BUILDING CODE1
Sec. 22-31. Adoption.
There is adopted by the city those certain codes known as the 2021 Edition of the
International Building Code, the 2021 International Residential Code, the 2021
International Mechanical Code, the 2021 International Fire Code, 2021 International
Existing Building Code, and the 2021 International Property Maintenance Code
collectively referred to as the "International Building Code", "building code" or "code". A
copy of the building code is on file in the office of the city engineer and is available for
inspection.
The South Dakota State Plumbing Code (state plumbing code), as adopted by the state
plumbing commission under SDCL Chapter 36-25 (SDCL 36-25-1 et seq.) is adopted.
All installations, repairs and alterations of plumbing shall be performed in accordance
with its provisions.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I,
12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-32. Conflicts.
In the event of any other conflict between the provisions of the International Building
Code adopted by this article and other provisions of city ordinance, state law or rules or
regulations of the city, the provisions of city ordinance, state law or the rules or
regulations of the city shall prevail and be controlling.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I,
12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-33. Definitions.
The following words, terms and phrases, when used in the building code adopted in
section 22-31, shall be defined, except where the context clearly indicates a different
meaning, as follows:
Municipality means the City of Brookings.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I,
12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-34. Establishment of office of building official.
The office of building official is created, and the city manager shall designate the
executive official in charge, who shall be known as the building official and whose duties
shall be as outlined in the International Building Code adopted in section 22 -31.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I,
12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-35. Fees; permits.
(a) No permit required by the building code shall be issued until the fee prescribed by
resolution shall have been paid. No amendment to a permit shall be approved until
the additional fee, if any, resulting from an increase in the estimated cost of the
building or structure, shall have been paid.
(b) For the demolition or removal of a building that is furnished with water and/or
sewer, a permit may be granted; provided, however, that in such case, a deposit
guaranteeing the abandonment of the water services and guaranteeing the
abandonment of the sewer services shall be deposited at the time of application for
such permit, the deposit to be in an amount to be determined by policy of the utility
board. Such deposit, but not the fees, will be refunded upon completion of the work
or the city will arrange for such work at actual cost, plus ten percent to be paid from
such deposit. The demolition or removal shall be completed within 30 days after the
issuance of the permit. If water and sewer services are to be reused or new
services required for a new structure in the immediate future at the same location,
deposits may be waived by the building official.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I,
12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-36. Amendments.
The following amendments to the 2021 Internationa l Residential Code are adopted and
incorporated into the building code:
R105.2 Work exempt from permit. Exemption from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120
square feet (11.15 m2).
2. Fences not over 6 feet (1,829 mm) high.
3. Retaining walls that are not over 4 feet (1,219mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity is not greater than
5,000 gallons (18,927 L) and the ratio of height to diameter or width is not
greater than 2 to 1.
5. Sidewalks.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54
inches (1,372 mm) from the exterior wall and do not require additional support.
R105.5 Expiration. Every permit issued shall become invalid unless the work authorized
by such permit is commenced within 180 days after its issuance or after
commencement of work if more than 180 days pass between inspections. The building
official is authorized to grant, in writing, one or more extensions of time, for periods not
more than 180 days each. The extension shall be requested in writing and justifiable
cause demonstrated.
Exception: Every permit issued shall become invalid 2 years from date of
issuance.
R106.2 Site plan or plot plan. The construction documents submitted with the
application for permit shall be accompanied by a site plan showing the size and location
of new construction, erosion and sediment controls in accordance with Chapter 72 of
the Code of Ordinances, lowest allowable building opening, and existing structures on
the site and distances from lot lines. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan where the application for permit is for
alteration or repair or where otherwise warranted.
R108.6 Work commencing before permit issuance. Any person who commences work
requiring a permit on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to an investigation fee
established by the applicable governing authority that shall be in addition to the required
permit fees. The minimum investigation fee shall be equal to the amount of the permit
fee required by this code. The payment of such fee shall not exempt any person from
compliance with all other provisions of this code nor from any penalty prescribed by law.
R301.2 Climatic and Geographic Design Criteria.
1. Ground Snow Load: 40 psf contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305
mm) shall be designed for a full or unbalanced snow load of not less than 30
pounds per square foot (1.44kN/square meter) of horizontal projection. Where
a roof system is designed to slope less than one-quarter inch (6.35 mm) per 12
inches (305 mm), a surcharge load of not less five pounds per square foot
(0.24kN/square meter) in addition to the required live load due to snow shall be
designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm)
shall be designed for a full or unbalanced snow load of not less than 25 pounds
per square foot (1.2kN/square meter) of horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof
structures, and offsets in roofs of uneven configuration shall be considered.
2. Wind Speed: 115 mph
3. Seismic Design: Category A
4. Weathering: Severe
5. Frost Line Depth: 42 inches
6. Termite Damage: Severe to Moderate
7. Winter Design Temperature: -11 deg Fahrenheit
8. Ice barrier underlayment requirement: Yes
9. Air freezing index: 3,000
10. Mean annual temperature: 46 deg Fahrenheit
R302.13 Fire protection of floors. Floor assemblies that are not required elsewhere in
this code to be fire-resistance rated shall be provided with a ½-inch (12.7 mm) gypsum
wallboard membrane, ⅝-inch (16 mm) wood structural panel membrane, or equivalent
on the underside of the floor framing member. Penetrations or openings for duct, vents,
electrical outlets, lighting, devices, luminaires, wires, speakers, drainage, piping and
similar openings or penetrations shall be permitted.
Exceptions:
1. Floor assemblies located directly over a space protected be an automatic
sprinkler system in accordance with Section P2904, NFPA 13D, or other
approved equivalent sprinkler system.
2. Floor assemblies located directly over a crawl space.
3. Portions of floor assemblies shall be permitted to be unprotected where
complying with the following:
3.1 The aggregate area of the unprotected portions does not exceed 80
square feet (7.4 m2) per story.
3.2 Fire blocking is accordance with Section R302.11.1 is installed along the
perimeter of the unprotected portion to separate the unprotected portion
from the remainder or the floor assembly.
4. Wood floor assemblies using dimension lumber or structural composite lumber
equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal
dimension, or other approved floor assemblies demonstrating equivalent fire
performance.
5. Floor assemblies installed over an unfinished basement.
R310.2.3 Maximum height from floor. Emergency escape and rescue openings shall
have the bottom of the clear opening not greater than 48 inches above the floor.
R310.4.2.1 Ladder and steps. Area wells with a vertical depth greater than 48 inches
shall be equipped with an approved, permanently affixed ladder or steps. The ladder or
steps shall not be obstructed by the emergency escape and rescue opening where the
window or door is in the open position. Ladders or steps required by this section shall
not be required to comply with Sections R311.7.
R310.2.4 Emergency escape windows under decks and porches. Emergency escape
and rescue openings installed under decks, and porches and cantilevers shall be fully
openable and provide a path not less than 80 inches in height and 36 inches (914 mm)
in width to a yard or court.
R311.7.8.5 Grip-size. Required handrails shall be of one of the following types or
provide equivalent grasp ability.
1. Type I. Handrails with a circular cross section shall have an outside diameter of
not less than 1-¼ inches (32 mm) and not greater than 2 inches (51 mm). If the
handrail is not circular, it shall have a perimeter of not less than 4 inches (102
mm) and not greater than 6-¼ inches (160 mm) and a cross section of not
more than 2-¼ inches (57 mm). Edges shall have a radius of not less than 0.01
inch (0.25 mm).
2. Type II. Handrails with a perimeter greater than 6 -¼ inches (160 mm) shall
have a graspable finger recess area on both sides of the profile. The finger
recess shall be within ¾ inch (19 mm) measured vertically from the tallest
portion of the profile and have a depth of not less than 5/16inch (8 mm) within
⅞ inch (22 mm) below the widest portion of the profile. This required depth
shall continue for not less than ⅜ inch (10 mm) to a level that is not less than
1-¾ inches (45 mm) below the tallest portion of the profile. The width of the
handrail above the recess shall be not less than 1 -¼ inches (32 mm) and not
more than 2-¾ inches (70 mm). Edges shall have a radius of not less than 0.01
inch (0.25 mm).
Exception: Exterior stairs not serving required egress door are allowed to have
a horizontal 2x member to form a 1-½-inch graspable dimension in lieu of the
above reference perimeter dimensions.
R313 Automatic Fire Sprinkler Systems. Not Adopted by the City
R314.3 Location. Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basement s and habitable
attics and not including crawl spaces and uninhabitable attics. In dwellings or
dwelling units with split levels and without an intervening door between the
adjacent levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided the lower level is less than one full story below
the upper level.
4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the
door or opening of a bathroom that contains a bathtub or shower unless this
would prevent placement of a smoke alarm required by Section R314.3.
5. A smoke detector installed in a stairwell shall be so located as to ensure that
smoke rising in the stairwell cannot be prevented from reaching the detector by
an intervening door or obstruction.
6. A smoke detector installed to detect a fire in the basement shall be located in
close proximity to the stairway leading to the floor above.
7. The smoke detector installed on a story without a separate sleeping area shall
be located in close proximity to the stairway leading to the floor above.
8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm)
from a wall or on a wall with the top of the detector not less than four inches
(102 mm) nor more than 12 inches (305 mm) below the ceiling.
R401.1, Application. The provisions of this chapter shall control the design and
construction of the foundation and foundation spaces for buildings. In addition to the
provisions of this chapter, the design and construction of foundations in flood hazard
areas as established by Table R301.2(1) shall meet the provisions of Section R322.
Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions for this chapter shall be permitted to be used for wood
foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. Where interior basement and foundation walls are constructed at intervals not
exceeding 50 feet (15,240 mm).
Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be
designed in accordance with accepted engineering practice.
For new home construction, curb and gutter shall be required to be installed on all
sides of the lot adjacent to the public street right-of-way prior to the issuance of the
building permit, except for pre-existing public streets which do not have curb &
gutter.
R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or
other approved point of collection that does not create a hazard. Lots shall be graded to
drain surface water away from foundation walls. The grade shall fall a minimum of 6
inches (152 mm) within the first 10 feet (3,048 mm). In addition, the top of any exterior
foundation shall extend above the elevation of the street gutter at point of discharge or
the inlet of an approved drainage device a minimum of 12 inches (305 mm) plus 2
percent. Alternate elevations are permitted subject to the approval of the building
official, provided it can be demonstrated that the required drainage to the point of
discharge and away from the structure is provided at all locations on the site.
Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6
inches (152 mm) of fall within 10 feet (3,048 mm), drains or swales shall be
constructed to ensure drainage away from the structure. Impervious surfaces
within 10 feet (3048 mm) of the building foundation shall be sloped a minimum of
2 percent away from the building.
R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation
walls, piers and other permanent supports of buildings and structures shall be protected
from frost by one or more of the following methods:
1. Extended below the frost line specified in Table R301.2.(1).
2. Constructed in accordance with ASCE 32.
3. Erected on solid rock.
Footings shall not bear on frozen soil unless the frozen condition is permanent.
Exceptions:
1. Protection of freestanding accessory structures with an area of 1,000 square
feet or less, of light-frame construction, with an eave height of 10 feet (3,048
mm) or less shall not be required.
2. Protection of freestanding accessory structures with an area of 400 square feet
(37 m2) or less, of other than light-frame construction, with an eave height of 10
feet (3,048 mm) or less shall not be required.
3. Decks not supported by a dwelling need not be provided with footings that
extend below the frost line.
Table N1102.1.2 - Delete and Replace with Table N1102.1 of the 2009 IRC.
N1102.2.9 (R402.2.0) Basement walls. Walls associated with conditioned basements
shall be insulated from the top of the basement wall down to 10ft (3048 mm) below
grade or to the basement floor, whichever is less. Walls associated with unconditioned
basements shall comply with this requirement except where the floor overhead is
insulated in accordance with Section N1102.1.2 and N1102.2.8.
Exception: Exterior basement walls of enclosed mechanical rooms.
N1102.4.1.2 (R402.4.1.2) Testing. Not Adopted by the City.
N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by the
city.
N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not Adopted by the City.
The following amendments to the 2021 International Building Code are adopted and
incorporated into the building code:
105.2 Work exempt from permit.
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area is not greater than exceed
120 square feet (11 m2).
2. Fences not over 6 feet (1,829 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1,219mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
5. Water tanks supported directly upon grade if the capacity is not greater than
5,000 gallons (18,927 L) and the ratio of height to diameter or width is not
greater than 2:1.
6. Sidewalks not more than 30 inches (762 mm) above adjacent grade, and not
over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are
less 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,924 L)
and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
11. Swings and other playground equipment
12. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1,372 mm) from the exterior wall
and do not require additional support.
13. Non-fixed and moveable fixtures, case, racks, counters and partitions not over
5 feet 9 inches (1,753 mm) in height.
107.2.6 Site Plan. The construction documents submitted with the application for permit
shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the established
street grades and the proposed finished grades and, as applicable, flood hazard areas,
floodways, and design flood elevations, and erosion and sediment controls and it shall
be drawn in accordance with an accurate boundary line survey. In the case of
demolition, the site plan shall show construction to be demolished and the location and
size of existing structures and construction that are to remain on the site or plot. The
building official is authorized to waive or modify the requirement for a site plan when the
application for permit is for alteration or repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the
application for permit be accompanied by a final drainage plan for all projects involving
one acre or more of land area. The final drainage plan shall conform to the city
approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities
including storm sewers, on-site detention, drainage ways, detention basins and
detention channels shall be designed in compliance with approved engineering design
standards and the Storm Drainage and Technical Criteria Manual and are subject to
approval of the City Engineer. ;p0;109.4 Work commencing before permit issuance. Any
person who commences work requiring a permit on a building, structure, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits shall be subject
to an investigation fee established by the applicable governing authority that shall be in
addition to the required permit fees. The minimum investigation fee shall be equal to the
amount of the permit fee required by this code. The payment of such fee shall not
exempt any person from compliance with all other provisions of this code nor from any
penalty prescribed by law.
423.5 Group E occupancies. All Group E occupancies with an occupant load of 50 or
more shall have a storm shelter constructed to withstand a design wind speed of
200mph.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section
903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
1. All R-3 Occupancies.
2. All R-2 buildings with 5 or fewer dwelling units.
1031.3.3. Maximum height from floor. Emergency escape and rescue openings shall
have the bottom of the clear openings not greater than 48 inches measured from the
floor.
1031.5.2 Ladder and steps. Area wells with a vertical depth greater than 48 inches shall
be equipped with an approved, permanently affixed ladder or steps. The ladder or steps
shall not be obstructed by the emergency escape and rescue opening where the
window or door is in the open position. Ladders or steps required by this section shall
not be required to comply with Section 1011.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-09, §§ I, II, 7-14-2009; Ord. No. 23-10, § I,
6-8-2010; Ord. No. 24-10, § I, 6-8-2010; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 01-14,
§ I, 2-11-2014; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 17-006, § I, 2-28-2017; Ord.
No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
State law reference(s)—Building code and standards, SDCL 11-10-1 et seq.
Sec. 22-37. Variances.
The building code board of appeals may authorize, upon appeal in specific cases, a
variance from the terms of this article which is not contrary to the public interest, if,
owing to special conditions, a literal enforcement of the provisions of this article will
result in unnecessary hardship; provided, however, that no variance will be granted
unless the spirit of this article is observed and substantial justice is done.
(Ord. No. 19-14, § I, 8-12-2014)
Secs. 22-38—22-70. Reserved.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: January 13, 2026
SECOND READING: January 27, 2026
PUBLISHED:
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
ORDINANCE 26-005
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS AND PERTAINING TO BUILDINGS AND BUILDING
REGULATIONS
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
THAT CHAPTER 22, ARTICLE II AND III. of the Code of Ordinances and pertaining to
Buildings and Building Regulations is hereby amended to read as follows:
ARTICLE II. BUILDING CODE1
Sec. 22-31. Adoption.
There is adopted by the city those certain codes known as the 2021 Edition of the International Building
Code, the 2021 International Residential Code, the 2021 International Mechanical Code, the 2021 International
Fire Code, 2021 International Existing Building Code, and the 2021 International Property Maintenance Code
collectively referred to as the "International Building Code", "building code" or "code". A copy of the building code
is on file in the office of the city engineer and is available for inspection.
The South Dakota State Plumbing Code (state plumbing code), as adopted by the state plumbing commission
under SDCL Chapter 36-25 (SDCL 36-25-1 et seq.) is adopted. All installations, repairs and alterations of plumbing
shall be performed in accordance with its provisions.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I,
4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-32. Conflicts.
In the event of any other conflict between the provisions of the International Building Code adopted by this
article and other provisions of city ordinance, state law or rules or regulations of the city, the provisions of city
ordinance, state law or the rules or regulations of the city shall prevail and be controlling.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I,
4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-33. Definitions.
The following words, terms and phrases, when used in the building code adopted in section 22-31, shall be
defined, except where the context clearly indicates a different meaning, as follows:
Formatted: Font: 10 pt
Municipality means the City of Brookings.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I,
4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-34. Establishment of office of building official.
The office of building official is created, and the city manager shall designate the executive official in charge,
who shall be known as the building official and whose duties shall be as outlined in the International Building Code
adopted in section 22-31.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I,
4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-35. Fees; permits.
(a) No permit required by the building code shall be issued until the fee prescribed by resolution shall have been
paid. No amendment to a permit shall be approved until the additional fee, if any, resulting from an increase
in the estimated cost of the building or structure, shall have been paid.
(b) For the demolition or removal of a building that is furnished with water and/or sewer, a permit may be
granted; provided, however, that in such case, a deposit guaranteeing the abandonment of the water
services and guaranteeing the abandonment of the sewer services shall be deposited at the time of
application for such permit, the deposit to be in an amount to be determined by policy of the utility board.
Such deposit, but not the fees, will be refunded upon completion of the work or the city will arrange for such
work at actual cost, plus ten percent to be paid from such deposit. The demolition or removal shall be
completed within 30 days after the issuance of the permit. If water and sewer services are to be reused or
new services required for a new structure in the immediate future at the same location, deposits may be
waived by the building official.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I,
4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
Sec. 22-36. Amendments.
The following amendments to the 2021 International Residential Code are adopted and incorporated into
the building code:
R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses,
provided the floor area does not exceed 120 square feet (11.15 m2 ).
2. Fences not over 6 feet (1,829 mm) high.
3. Retaining walls that are not over 4 feet (1,219mm) in height measured from the bottom of the footing
to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L)
and the ratio of height to diameter or width is not greater than 2 to 1.
5. Sidewalks.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm)
from the exterior wall and do not require additional support.
R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is
commenced within 180 days after its issuance or after commencement of work if more than 180 days pass
between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested in writing and justifiable cause
demonstrated.
Exception: Every permit issued shall become invalid 2 years from date of issuance.
R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be
accompanied by a site plan showing the size and location of new construction, erosion and sediment controls in
accordance with Chapter 72 of the Code of Ordinances, lowest allowable building opening, and existing structures
on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be
demolished and the location and size of existing structures and construction that are to remain on the site or plot.
The building official is authorized to waive or modify the requirement for a site plan where the application for
permit is for alteration or repair or where otherwise warranted.
R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a
building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be
subject to an investigation fee established by the applicable governing authority that shall be in addition to the
required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by
this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this
code nor from any penalty prescribed by law.
R301.2 Climatic and Geographic Design Criteria.
1. Ground Snow Load40 psf contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be designed for a
full or unbalanced snow load of not less than 30 pounds per square foot (1.44kN/square meter) of
horizontal projection. Where a roof system is designed to slope less than one-quarter inch (6.35 mm)
per 12 inches (305 mm), a surcharge load of not less five pounds per square foot (0.24kN/square
meter) in addition to the required live load due to snow shall be designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be designed for a full
or unbalanced snow load of not less than 25 pounds per square foot (1.2kN/square meter) of
horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and offsets in roofs of
uneven configuration shall be considered.
2. Wind Speed115 mph
3. Seismic DesignCategory A
4. WeatheringSevere
5. Frost Line Depth42 inches
6. Termite DamageSevere to Moderate
7. Winter Design Temperature-11 deg Fahrenheit
8. Ice barrier underlayment requirementYes
9. Air freezing index 3,000
10. Mean annual temperature46 deg Fahrenheit
R302.13 Fire protection of floors. Floor assemblies that are not required elsewhere in this code to be fire-resistance
rated shall be provided with a ½-inch (12.7 mm) gypsum wallboard membrane, ⅝-inch (16 mm) wood structural
panel membrane, or equivalent on the underside of the floor framing member. Penetrations or openings for duct,
vents, electrical outlets, lighting, devices, luminaires, wires, speakers, drainage, piping and similar openings or
penetrations shall be permitted.
Exceptions:
1. Floor assemblies located directly over a space protected be an automatic sprinkler system in
accordance with Section P2904, NFPA 13D, or other approved equivalent sprinkler system.
2. Floor assemblies located directly over a crawl space.
3. Portions of floor assemblies shall be permitted to be unprotected where complying with the following:
3.1 The aggregate area of the unprotected portions does not exceed 80 square feet (7.4 m2 ) per
story.
3.2 Fire blocking is accordance with Section R302.11.1 is installed along the perimeter of the
unprotected portion to separate the unprotected portion from the remainder or the floor
assembly.
4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater
than 2-inch by 10-inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies
demonstrating equivalent fire performance.
5. Floor assemblies installed over an unfinished basement.
R310.2.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the
clear opening not greater than 48 inches above the floor.
R310.4.2.1 Ladder and steps. Area wells with a vertical depth greater than 48 inches shall be equipped with
an approved, permanently affixed ladder or steps. The ladder or steps shall not be obstructed by the emergency
escape and rescue opening where the window or door is in the open position. Ladders or steps required by this
section shall not be required to comply with Sections R311.7.
R310.2.4 Emergency escape windows under decks and porches. Emergency escape and rescue openings
installed under decks, and porches and cantilevers shall be fully openable and provide a path not less than 80
inches in height and 36 inches (914 mm) in width to a yard or court.
R311.7.8.5 Grip-size. Required handrails shall be of one of the following types or provide equivalent grasp ability.
1. Type I. Handrails with a circular cross section shall have an outside diameter of not less than 1-¼ inches
(32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter
of not less than 4 inches (102 mm) and not greater than 6-¼ inches (160 mm) and a cross section of not
more than 2-¼ inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).
2. Type II. Handrails with a perimeter greater than 6-¼ inches (160 mm) shall have a graspable finger
recess area on both sides of the profile. The finger recess shall be within ¾ inch (19 mm) measured
vertically from the tallest portion of the profile and have a depth of not less than 5/16inch (8 mm)
within ⅞ inch (22 mm) below the widest portion of the profile. This required depth shall continue for
not less than ⅜ inch (10 mm) to a level that is not less than 1-¾ inches (45 mm) below the tallest
portion of the profile. The width of the handrail above the recess shall be not less than 1-¼ inches (32
mm) and not more than 2-¾ inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25
mm).
Exception: Exterior stairs not serving required egress door are allowed to have a horizontal 2x member
to form a 1-½-inch graspable dimension in lieu of the above reference perimeter dimensions.
R313 Automatic Fire Sprinkler Systems. Not Adopted by the City
R314.3 Location. Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basements and habitable attics and not including
crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an
intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice
for the adjacent lower level provided the lower level is less than one full story below the upper level.
4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the door or opening of a
bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm
required by Section R314.3.
5. A smoke detector installed in a stairwell shall be so located as to ensure that smoke rising in the
stairwell cannot be prevented from reaching the detector by an intervening door or obstruction.
6. A smoke detector installed to detect a fire in the basement shall be located in close proximity to the
stairway leading to the floor above.
7. The smoke detector installed on a story without a separate sleeping area shall be located in close
proximity to the stairway leading to the floor above.
8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from a wall or on a wall
with the top of the detector not less than four inches (102 mm) nor more than 12 inches (305 mm)
below the ceiling.
R401.1, Application. The provisions of this chapter shall control the design and construction of the foundation and
foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of
foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322.
Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions for this chapter shall be permitted to be used for wood foundations only in the
following situations:
1. In buildings that have no more than two floors and a roof.
2. Where interior basement and foundation walls are constructed at intervals not exceeding 50 feet
(15,240 mm).
Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in accordance with
accepted engineering practice.
For new home construction, curb and gutter shall be required to be installed on all sides of the lot adjacent
to the public street right-of-way prior to the issuance of the building permit, except for pre-existing public
streets which do not have curb & gutter.
R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of
collection that does not create a hazard. Lots shall be graded to drain surface water away from foundation walls.
The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3,048 mm). In addition, the top of any
exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an
approved drainage device a minimum of 12 inches (305 mm) plus 2 percent. Alternate elevations are permitted
subject to the approval of the building official, provided it can be demonstrated that the required drainage to the
point of discharge and away from the structure is provided at all locations on the site.
Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches (152 mm) of fall within 10
feet (3,048 mm), drains or swales shall be constructed to ensure drainage away from the structure.
Impervious surfaces within 10 feet (3048 mm) of the building foundation shall be sloped a minimum of 2
percent away from the building.
R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other
permanent supports of buildings and structures shall be protected from frost by one or more of the following
methods:
1. Extended below the frost line specified in Table R301.2.(1).
2. Constructed in accordance with ASCE 32.
3. Erected on solid rock.
Footings shall not bear on frozen soil unless the frozen condition is permanent.
Exceptions:
1. Protection of freestanding accessory structures with an area of 1,000 square feet or less, of light-frame
construction, with an eave height of 10 feet (3,048 mm) or less shall not be required.
2. Protection of freestanding accessory structures with an area of 400 square feet (37 m2 ) or less, of
other than light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be
required.
3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line.
Table N1102.1.2 - Delete and Replace with Table N1102.1 of the 2009 IRC.
N1102.2.9 (R402.2.0) Basement walls. Walls associated with conditioned basements shall be insulated from the
top of the basement wall down to 10ft (3048 mm) below grade or to the basement floor, whichever is less. Walls
associated with unconditioned basements shall comply with this requirement except where the floor overhead is
insulated in accordance with Section N1102.1.2 and N1102.2.8.
Exception: Exterior basement walls of enclosed mechanical rooms.
N1102.4.1.2 (R402.4.1.2) Testing. Not Adopted by the City.
N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by the city.
N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not Adopted by the City.
The following amendments to the 2021 International Building Code are adopted and incorporated into the
building code:
105.2 Work exempt from permit.
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses,
provided the floor area is not greater than exceed 120 square feet (11 m2 ).
2. Fences not over 6 feet (1,829 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1,219mm) in height measured from the bottom of the footing
to the top of the wall, unless supporting a surcharge.
5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L)
and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks not more than 30 inches (762 mm) above adjacent grade, and not over any basement or
story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less 24 inches (610 mm)
deep, are not greater than 5,000 gallons (18,924 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project
more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
13. Non-fixed and moveable fixtures, case, racks, counters and partitions not over 5 feet 9 inches (1,753
mm) in height.
107.2.6 Site Plan. The construction documents submitted with the application for permit shall be
accompanied by a site plan showing to scale the size and location of new construction and existing structures on
the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable,
flood hazard areas, floodways, and design flood elevations, and erosion and sediment controls and it shall be
drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and construction that are to remain
on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the
application for permit is for alteration or repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the application for permit be
accompanied by a final drainage plan for all projects involving one acre or more of land area. The final drainage
plan shall conform to the city approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities
including storm sewers, on-site detention, drainage ways, detention basins and detention channels shall be
designed in compliance with approved engineering design standards and the Storm Drainage and Technical Criteria
Manual and are subject to approval of the City Engineer. ;p0;109.4 Work commencing before permit issuance. Any
person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to an investigation fee established by the
applicable governing authority that shall be in addition to the required permit fees. The minimum investigation fee
shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt
any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
423.5 Group E occupancies. All Group E occupancies with an occupant load of 50 or more shall have a storm
shelter constructed to withstand a design wind speed of 200mph.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided
throughout all buildings with a Group R fire area.
Exceptions:
1. All R-3 Occupancies.
2. All R-2 buildings with 5 or fewer dwelling units.
1031.3.3. Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the
clear openings not greater than 48 inches measured from the floor.
1031.5.2 Ladder and steps. Area wells with a vertical depth greater than 48 inches shall be equipped with an
approved, permanently affixed ladder or steps. The ladder or steps shall not be obstructed by the emergency
escape and rescue opening where the window or door is in the open position. Ladders or steps required by this
section shall not be required to comply with Section 1011.
(Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-09, §§ I, II, 7-14-2009; Ord. No. 23-10, § I, 6-8-2010; Ord. No. 24-10, § I,
6-8-2010; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 01-14, § I, 2-11-2014; Ord. No. 15-025, § I, 12-8-2015; Ord. No.
17-006, § I, 2-28-2017; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023)
State law reference(s)—Building code and standards, SDCL 11-10-1 et seq.
Sec. 22-37. Variances.
The building code board of appeals may authorize, upon appeal in specific cases, a variance from the terms
of this article which is not contrary to the public interest, if, owing to special conditions, a literal enforcement of
the provisions of this article will result in unnecessary hardship; provided, however, that no variance will be
granted unless the spirit of this article is observed and substantial justice is done.
(Ord. No. 19-14, § I, 8-12-2014)
Secs. 22-38—22-70. Reserved.
ARTICLE III. PLUMBING2
DIVISION 1. GENERALLY
Sec. 22-71. Enforcement of article provisions.
The administration and enforcement of this article shall be the duty of the city manager or the city manager's
designee, who is authorized to require the inspections and tests and take such action as may be necessary to
enforce this article.
(Code 1996, § 31-1; Ord. No. 24-00, § I(31-1), 8-14-2000)
Sec. 22-72. Scope of article.
The provisions of this article apply to and govern plumbing within this city, including the practice, materials
and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and
appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting
system and the public and private water supply systems within or adjacent to any building or other structure or
conveyance and the materials and fixtures used in the installation, maintenance, extension or alteration of the
stormwater or sewage system of any premises to their connection with any point of public disposal or other
terminal.
(Code 1996, § 31-2; Ord. No. 24-00, § I(31-2), 8-14-2000)
Sec. 22-73. Right of entry.
The city manager, city engineer or their staff or any member of the Plumbers' review board shall, after
proper identification, have the right to enter any premises for the purpose of inspecting any plumbing system at
such times as may be reasonably necessary to protect the public health and to otherwise protect the public water
supply system.
2State law reference(s)—Plumbing, SDCL 36-25-1 et seq.; local regulation of plumbing, SDCL 36-25-16.
(Code 1996, § 31-4; Ord. No. 24-00, § I(31-4), 8-14-2000)
Sec. 22-74. Plumbers' review board.
(a) Plumber's review board established. For the purposes of this article, the building code board of appeals shall
also act as the Plumbers' review board.
(b) Duties generally. The Plumbers' review board shall sit as a board to review violations of this article and shall
have authority to recommend to the city manager that a Plumber's license issued by the city be suspended
or revoked for violation of the provisions of this article. The board shall keep an official record of its actions.
(c) Protection of water supply system. The Plumbers' review board may also make such rules and regulations in
furtherance of the purposes of this article which are not inconsistent with the specific provisions of this
article for the installation, repair or alteration of air conditioning systems, water treatment equipment and
other water-operated devices as may be necessary to properly protect the public water supply system.
(Code 1996, §§ 31-15-31-17; Ord. No. 24-00, § I(31-15-31-17), 8-14-2000)
Secs. 22-75—22-100. Reserved.
DIVISION 2. TECHNICAL STANDARDS
Sec. 22-101. Code adopted.
(a) The South Dakota State Plumbing Code (state plumbing code), as adopted by the state plumbing commission
under SDCL Chapter 36-25 (SDCL 36-25-1 et seq.) is adopted. All installations, repairs and alterations of
plumbing shall be performed in accordance with its provisions.
(b) In the case of discretionary actions and determinations by the Plumbers' review board, the relevant facts
shall be considered and determinations made in the exercise of reasonable discretion, and all such
determinations shall be final in the absence of abuse of discretion.
(Code 1996, § 31-65; Ord. No. 24-00, § I(31-65), 8-14-2000)
State law reference(s)—Promulgation of plumbing code, SDCL 36-25-15.
Sec. 22-102. Official copy.
A copy of the state plumbing code and current state and local amendments shall be kept on file in the office
of the city engineer and shall be available for inspection by the public.
(Code 1996, § 31-66; Ord. No. 24-00, § I(31-66), 8-14-2000)
Sec. 22-103. Conflicts.
In the event of any conflict between the provisions of the state plumbing code adopted by this article and
other applicable provisions of state law, city ordinance or any rule or regulation of the city, the provisions of state
law, city ordinance and the rule or regulation of the city shall prevail and be controlling.
(Code 1996, § 31-67; Ord. No. 24-00, § I(31-67), 8-14-2000)
Sec. 22-104. City amendments to plumbing code.
Rules promulgated by the municipal utilities board in regard to water and wastewater plumbing in the city
are incorporated by reference and are made a part of the plumbing code adopted by this article.
(Code 1996, § 31-68; Ord. No. 24-00, § I(31-68), 8-14-2000)
Secs. 22-105—22-130. Reserved.
DIVISION 3. PERMIT
Sec. 22-131. Required.
No plumbing work, unless excepted in this article, may be commenced prior to the issuance of a permit
therefor by the city engineer. A permit will be issued only to a licensed plumbing contractor, except as provided in
sections 22-132 and 22-133.
(Code 1996, § 31-49; Ord. No. 24-00, § I(31-49), 8-14-2000)
Sec. 22-132. Exception.
No permit is required by a homeowner to do any work otherwise regulated by this article in a single-family
dwelling used exclusively for living purposes, including the usual accessory buildings in connection with a single-
family dwelling, provided that the person who does the plumbing work is a bona fide owner of such dwelling and
that the dwelling will be occupied by such owner and further, provided that such owner shall personally purchase
all material and perform all labor in connection with the plumbing work.
(Code 1996, § 31-50; Ord. No. 24-00, § I(31-50), 8-14-2000)
Sec. 22-133. Repairs.
Repairs involving only the working parts of a faucet or valve, the clearance of stoppages, repairing of leaks,
or replacement of defective faucets or valves or the replacing of stools, lavatories, bathtubs or sinks, or such other
repairs or replacements of a similar nature may be made without a permit provided no changes are made in the
piping to the fixtures.
(Code 1996, § 31-51; Ord. No. 24-00, § I(31-51), 8-14-2000)
Sec. 22-134. Application.
Application for a permit required by this article shall be made on suitable forms provided by the city
engineer. The application shall be accompanied by fees in accordance with the schedule of fees established by the
city as provided in section 22-135.
(Code 1996, § 31-52; Ord. No. 24-00, § I(31-52), 8-14-2000)
Sec. 22-135. Schedule of fees.
The schedule of fees to be charged for the issuance of permits under this article shall be maintained in the
office of the city engineer and available for public inspection.
(Code 1996, § 31-53; Ord. No. 24-00, § I(31-53), 8-14-2000)
Sec. 22-136. Plans and specifications.
No permit will be issued until plans and specifications showing the proposed work in necessary detail have
been submitted to the city engineer and the city engineer or a representative of the city engineer has determined
by an examination of such plans and specifications that the plans provide assurance that the work will conform to
the provisions of the state plumbing code. If a permit is denied, the applicant may submit revised plans and
specifications without payment of an additional fee. If, in the course of the work, it is found to be necessary to
make any change of the plans and specifications upon which a permit has been issued, then amended plans and
specifications must be submitted and a supplementary permit, subject to the same conditions applicable to the
original application, shall be issued.
(Code 1996, § 31-54; Ord. No. 24-00, § I(31-54), 8-14-2000)
Sec. 22-137. Supervision of work.
No individual, firm, partnership, company, corporation or other entity shall engage in the business of
installing, repairing or altering plumbing unless the plumbing work performed in the course of such business is
under the direct supervision of a licensed plumbing contractor.
(Code 1996, § 31-55; Ord. No. 24-00, § I(31-55), 8-14-2000)
Secs. 22-138—22-160. Reserved.
DIVISION 4. PLUMBING CONTRACTOR LICENSE3
Sec. 22-161. Required.
No person shall engage in the business of plumbing in the city unless licensed by the city as a plumbing
contractor. Any person who desires to obtain a license under this article shall exhibit, at the time of application, a
valid state plumbing contractor's license.
(Code 1996, § 31-32; Ord. No. 24-00, § I(31-32), 8-14-2000)
Sec. 22-162. Chapter 26 of this Code applicable.
The provisions of chapter 26 of this Code, insofar as such provisions may be applicable and not in conflict,
shall apply to and govern the issuance of any license under the provisions of this article.
(Code 1996, § 31-33; Ord. No. 24-00, § I(31-33), 8-14-2000)
Sec. 22-163. Bond and insurance requirements.
(a) A person who has been issued a plumbing contractor's license shall execute and file with the city clerk a
performance bond with sufficient surety to be approved by the city manager in the sum of $5,000.00 which
provides that the licensee shall release and save the city and its officials harmless of and free from all
3State law reference(s)—State licensing of Plumbers, SDCL 36-25-17 et seq.
expenses and damages caused or resulting from any negligence of the licensee, and that the licensee will
restore all earth, pavement and other materials removed by it in laying any pipe or for any other purpose so
that the location of the licensee's work is in as good a state and condition as it was before such opening was
made, and that the licensee will keep and maintain the same in the same condition and to the satisfaction of
the superintendent of streets for 24 months thereafter and that it will pay all fines that may be imposed
upon it for any violation of any rules, regulations or ordinances of the city, or of the city engineer or utility
board relating to such pipes, waterworks or sewers; provided, however, that if the licensee shall procure and
file with the city clerk a public liability insurance policy which indemnifies the public against loss by the
negligence of the licensee or its agents in the sum of not less than $50,000.00 to any one person and
$100,000.00 for any one claim, and provided the form and content of such policy is written by a registered
insurance company licensed by the state, then the amount of the bond shall be reduced to the sum of
$1,000.00.
(b) A plumbing contractor's license shall not be valid unless the licensee complies with the provisions of this
section.
(Code 1996, § 31-56; Ord. No. 24-00, § I(31-56), 8-14-2000)
Sec. 22-164. Renewal.
All licenses issued by the city shall expire on December 31 of the year in which issued, but may be renewed
upon payment of the appropriate license fee, which shall be established by resolution of the city council.
(Code 1996, § 31-36; Ord. No. 24-00, § I(31-36), 8-14-2000)
Sec. 22-165. Use of licensee's name by another.
No person who has obtained a Plumber's license from the city may allow their name to be used by another
person either for the purpose of obtaining a permit or for the purpose of doing business or work under the
Plumber's license. Every person who is licensed shall notify the city clerk of the address of their place of business, if
any, and the name under which such business is operated and shall give immediate notice to the city clerk of any
change in either.
(Code 1996, § 31-38; Ord. No. 24-00, § I(31-38), 8-14-2000)
Sec. 22-166. Revocation.
The city manager may suspend or revoke any license if obtained through nondisclosure, misstatement or
misrepresentation of a material fact or if a licensee violates any of the provisions of this article. Before a license
may be suspended or revoked, the licensee shall receive notice in writing enumerating the charges against it and
shall be entitled to a hearing by the city council not earlier than five days after receipt of the notice. The licensee
shall have an opportunity to present oral or written testimony and evidence. The decision of the city council shall
be based upon the evidence produced at the hearing. A person whose license has been revoked shall not be
permitted to apply until one year after the date of revocation.
(Code 1996, § 31-37; Ord. No. 24-00, § I(31-37), 8-14-2000)
Secs. 22-167—22-200. Reserved.
NOTICE OF PUBLIC HEARING
Ordinance 26-002
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, January 27, 2026, in the
Brookings City & County Government Center Chambers, 520 Third Street, to consider
adoption of a revision to the City Code of Ordinances, entitled Ordinance 26-002, an
Ordinance Amending Chapter 22, Article II – Building Code and Article III - Plumbing of
the Code of Ordinances of the City of Brookings. At which time and place all persons
interested will be given a full, fair and complete hearing thereon. Dated in Brookings,
South Dakota, this 16th day of January, 2026.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-106,Version:1
Public Hearing and Action on Resolution 25-106, a Resolution of Intent to Lease Real Property north
of the Brookings Regional Landfill.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution noticing the intent to lease real property,
award a bid, and enter into a lease agreement with Dave Berndt for the high bid of $326 per acre.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 1/8/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Charlie Kuhn, Solid Waste Manager
Council Meeting: January 13, 2026
Subject: Resolution 25-106: Intent to Lease Real Property
Presenter: Charlie Kuhn, Solid Waste Manager
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to allow the City to award the
bid for a lease of real property just north of the Brookings Regional Landfill to Dave
Berndt for the high bid of $326 per acre.
Item Details:
The Brookings Regional Landfill owns 310 acres of land at 4101 30th Street (Section 8-
T110N-R49W). There is a total of 115 acres of tillable land that is leased out as farm
land.
The City held a bid letting on Tuesday, November 25, 2025 at 1:30 p.m. and received
the following bids:
Dave Berndt- $326/acre
James Meyer- $307/acre
4J Farms- $270/acre
Daniel Bauer- $182.51/acre
Mr. Berndt’s high bid of $326 per acre is $99 per acre more than the current lease. The
new lease will be for five (5) years, expiring December 31, 2030. There will be an
annual 2% increase to the per acre price starting year 2 of the contract through the
remainder of the term.
Legal Consideration:
The City Attorney has reviewed the proposed lease agreement.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
If approved, the proposed lease will generate the following revenues per year of for fund
625 Landfill, account 625-000-4-848-12:
Year 1- $37,490 at $326/acre
Year 2- $38,239.80 at $332.52/acre
Year 3- $39,004.55 at $339.17/acre
Year 4- $39,784.25 at $345.25/acre
Year 5- $41,308 at $359.20/acre
Supporting Documentation:
Resolution
Notice
Map
RESOLUTION 25-106
RESOLUTION OF INTENT TO LEASE REAL PROPERTY
WHEREAS, the City of Brookings owns 115 acres of tillable farm land in Section 8-
T110N – R49W, in the County of Brookings, South Dakota; and
WHEREAS, the City of Brookings opened bids for the Brookings Regional Landfill Farm
Land Lease on Tuesday, November 25, 2025 at 1:30 pm at the Brookings City & County
Government Center; and
WHEREAS, the City of Brookings received the following high bid for the Farm Land
Lease: Dave Berndt in the amount of $326 per acre for 115 acres of farm land; and
WHEREAS, the Brookings Regional Landfill will generate $195,826.60 of revenue
through the duration of the lease.
WHEREAS, a Public Hearing on this Resolution was held on January 12, 2026 at 6:00
p.m. in the chambers at the Brookings City and County Government Center and all
persons were given an opportunity to be heard on the intent to lease real property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings,
South Dakota, as follows:
A. The City of Brookings will enter into a lease agreement with David Berndt as set
forth above; and
B. The City Manager or his designee is authorized to execute a new lease
agreement in accordance with this Resolution.
Passed and Approved this 13th day of January, 2026.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
Notice of Public Hearing on Adoption of Resolution Of Intent To Lease Real
Property just north of the Brookings Regional Landfill.
Notice Is Hereby given that on Tuesday, January 12, 2026 at 6:00 o’clock P.M.,
the Brookings City Council will hold a public hearing in the Chambers, Brookings
City and Government Center, 520 3rd Street, Brookings, South Dakota, on
Resolution of Intent to Lease to David Berndt the following property:
115 acres of farm land, in Section 8-110N-R49W (located north of the
Brookings Regional Landfill) in the County of Brookings, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the
above-described property.
Dated this 16th day of December, 2025.
Bonnie Foster, City Clerk
Published ___ time(s) at an approximate cost $___________.
If you require assistance, alternative formats and/or accessible locations consistent with the
Americans with Disabilities Act, please contact the City ADA Coordinator at 692 -6281 at least 48
hours prior to the meeting.
Farmland Lease Map- 115 acres
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 25-046,Version:2
Public Hearing and Action on Ordinance 25-046, an Ordinance Pertaining to a Conditional Use
Permit to Establish a Concrete, Asphalt and Rock Crushing Facility in an Industrial I-1 Light District
(21625 471st Avenue).
Summary and Recommended Action:
Austreim Investments, LLC has applied for a Conditional Use Permit to operate a concrete, asphalt
and rock crushing facility in the Industrial I-1 Light District. The Planning Commission voted 9-0
recommending approval of the Conditional Use Permit. The Development Review Team supports the
recommendation.
Attachments:
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Conditional Use Permit Application
Location Map
Zoning Map
Site Plan
Traffic/Dust Plan
City of Brookings Printed on 1/8/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bailey Maca, Associate Planner
City Council Meeting(s): December 16, 2025 / January 13, 2026
Subject: Ordinance 25-046: Conditional Use Permit – Concrete,
Asphalt and Rock Crushing Facility – 21625 471st Ave
Presenter Mike Struck, Community Development Director
Summary and Recommended Action:
Austreim Investments, LLC has applied for a Conditional Use Permit to operate a
concrete, asphalt, and rock crushing facility in the Industrial I-1 Light District. The
Planning Commission voted 9-0, recommending approval of the conditional use permit.
The Development Review Team recommends approval.
Item Details:
The applicant currently operates a concrete, asphalt, and rock crushing facility located
at 21625 471st Avenue. The operation has been ongoing prior to the adoption of
Ordinance 25-015, which now requires a Conditional Use Permit for such activities. To
comply with the updated ordinance, the applicant is seeking a Conditional Use Permit.
The property is zoned Industrial I-1 Light, where concrete, asphalt, and rock crushing
operations are permitted contingent upon approval of a Conditional Use Permit.
Additionally, the following conditions must be met:
All concrete, asphalt and rock crushing facilities shall be located at least 300 feet
from any non-industrial or non-agriculture zoned district boundary line.
The crusher(s) and stockpiles of material shall be setback a minimum of 100 feet
from the property line and/or right-of-way line.
Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Monday through
Saturday when abutting agriculture or industrial zoned properties and 8:00 a.m.
to 5:00 p.m. Monday through Friday when abutting properties zoned other than
agriculture or industrial.
The use shall be conducted, operated and maintained in accordance with any
necessary local, state and federal permits, copies of which shall be provided to
and maintained on file in the community development department.
The following shall be provided with an application for a conditional use permit:
A site plan drawn to scale showing the location of buildings; areas of outdoor
processing and storage; fences, walls, landscaping and screening vegetation;
and the location of any stream, river, lake, wetland and m ajor topographical
feature within 300 feet of the site.
A dust management plan describing dust emission sources, their quantity and
composition, and indicating conformance with all applicable air quality
regulations.
A drainage plan for stormwater manageme nt and runoff indicating conformance
with all applicable stormwater regulations.
A traffic plan describing the number of truck/vehicle trips the proposal will
generate and the principal access routes to the facility including a description of
the facility's traffic impact on the surrounding area.
Traffic management will be minimal, as this operation is not expected to generate any
additional road traffic. Dust control will consist of keeping all surrounding crushing
areas moist and, therefore, minimizing dust emissions. If weather becomes a factor,
and the operators are unable to control dust from traveling to neighboring dwellings,
they will postpone the operation until a more favorable weather day.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
None.
Supporting Documentation:
Ordinance
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Conditional Use Permit Application
Location Map
Zoning Map
Site Plan
Traffic/Dust Plan
ORDINANCE 25-046
AN ORDIANCE PERTAINING TO AN APPLICATION FOR A CONDITIONAL USE
PERMIT TO ESTABLISH A CONCRETE, ASPHALT AND ROCK CRUSHING
FACILITY IN AN INDUSTRIAL I-1 LIGHT DISTRICT.
BE IT ORDAINED by the City of Brookings, South Dakota:
SECTION 1. That said Conditional Use Permit shall be approved for a Concrete,
Asphalt and Rock Crushing Facility in the Northeast ¼ of the Northeast ¼, Except Lot
H-1 and except that part lying East and North of Lot H-1 thereof in Section 14, Township
109 North, Range 50 West, Brookings County, South Dakota, also known as 21625
471st Avenue.
SECTION 2. That said application for a conditional use permit satisfies the requirements
as described in Sec. 94-264.7 of Chapter 94, Article V, Division 3 of the City of
Brookings, South Dakota.
SECTION 3. That all sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: December 16, 2025
SECOND READING AND ADOPTION: January 13, 2026
PUBLISHED: January 16, 2026
CITY OF BROOKINGS, SD
__________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON APPLICATION FOR CONDITIONAL USE PERMIT
NOTICE IS HEREBY GIVEN that Austreim Investments, LLC has submitted an
application for a Conditional Use Permit on the following described real estate in the
City of Brookings to wit:
NE ¼ NE ¼ EXC H-1 & THAT PT E & N OF H-1 SEC 14-109-50, also known as
21625 471st Ave. The request is for a concrete, asphalt and rock crushing facility
use in the Industrial I-1 Light District.
NOTICE IS FURTHER GIVEN that said request will be acted on by City Council
at 6:00 PM on Tuesday, January 13, 2026, in the Chambers Room on the third floor of
the Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard on this matter.
Dated this 30th day of December, 2025.
Bonnie Foster
City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON APPLICATION FOR CONDITIONAL USE PERMIT
NOTICE IS HEREBY GIVEN that Austreim Investments, LLC has submitted an
application for a Conditional Use Permit on the following described real estate in the
City of Brookings:
NE ¼ NE ¼ EXC H-1 & THAT PT E & N OF H-1 SEC 14-109-50, also known as
21625 471st Ave. The request is for a concrete, asphalt and rock crushing facility
use in the Industrial I-1 Light District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on December 2, 2025, in the Chambers Room on the third floor
of the Brookings City & County Government Center at 520 Third Street, Brookings,
South Dakota. Any action taken by the Planning Commission is a recommendation
made to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 18th day of November, 2025.
Bailey Maca
Associate Planner
Planning Commission
Brookings, South Dakota
December 2, 2025
OFFICIAL MINUTES
Item #5b – Austreim Investments, LLC has applied for a Conditional Use Permit to operate a concrete,
asphalt and rock crushing facility at 21625 471st Ave. Staff recommends approval.
(Limmer/Hinrichs) Motion to approve the conditional use permit. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Item #5b – Austreim Investments, LLC has applied for a Conditional Use Permit to operate a concrete,
asphalt and rock crushing facility The applicant currently operates a concrete, asphalt, and rock
crushing facilit y located at 21625 471st Avenue. The operation has been ongoing prior to the adoption
of Ordinance 25-015, which now requires a Conditional Use Permit for such activities. The property is
zoned Industrial I-1 Light, where concrete, asphalt, and rock crushing operations are permitted
contingent upon approval of a Conditional Use Permit. Traffic management will be insignificant as this
operation will not generate any extra road traffic. Dust control will consist of keeping all surrounding
crushing areas moist and therefore minimizing dust emissions. If weather becomes a factor, and the
operators are unable to control dust from traveling to neighboring dwellings, they will postpone the
operation until a more favorable weather day.
Austreim explained that this is an existing operation that he is seeking the conditional use permit to
comply with the new ordinance and none of the activities have changed. Aiken requested traffic
counts. Austreim estimated between 10 and 30 trucks per day when in use. Porter asked for details of
the dust control requirements and estimated that there were more than 10 trucks per day during
operation. Miller explained that dust control is required per ordinance and operations would need to
cease if dust could not be controlled due to weather conditions. Hinrichs asked how Austriem would
communicate the need for dust control with the neighbors. Miller explained that there is not a
requirement to notify the neighbors of dates of operation, but the owner would need to communicate
with the crushers on site if they would need to halt operations due to dust control. Welbig said that the
dust control was his primary concern in addition to truck traffic abiding by the speed limit. Struck
asked for the applicant to explain the operations. Austreim said that the equipment does have
integrated sprayers to reduce the amount of dust generated. He has historically used a company that
preferred to not use the sprayers. However, he will be hiring a new company in the future because that
company no longer performs rock and concrete crushing. Schmeichel inquired what recourse the
neighbors have if there is a dust problem. Struck explained that they can call the city who could
potentially shut down the operation. Jamison asked if there was an existing measurable method for the
dust control. Struck said that in the past, the state has sent an inspector who can perform testing and the
city will defer any licensing to the state and federal requirements.
Location Map
660 ft
Overview
Zoning Map
400 ft
Overview
November 24, 2025
To Whom It May Concern:
As to the matter of my request to allow for the crushing of concrete on my property located at
21625 471st Ave., Brookings, SD 57006. I, Andrew Austreim, submit the following plan:
1. Traffic management will be insignificant as this operation will not generate any extra
road traffic and therefore this is a moot point.
2. Dust control will consist of keeping all surrounding crushing areas moist and therefore
minimizing dust emissions. If weather becomes a factor, and we are unable to control
dust from traveling to neighboring dwellings, we can postpone the operation until a
more favorable weather day.
Respectfully Submitted,
Andrew Austreim
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0008,Version:1
Public Hearing and Action on a request to transfer an On-Off Sale Malt License for Tee’d Off Golf,
located at 2508 Wilbert Court, Suite B.
Summary and Recommended Action:
The City of Brookings has received an application to transfer the On-Off Sale Malt License for Tee’d
Off Golf, from Brian & Sharon Brecher, Joe & Mary Schulte, and Chris Thompson, Tee’d Off Golf
LLC, owners, to Nicholas Picek. Business location: 2508 Wilbert Court, Suite B, Brookings, South
Dakota. Legal description: Lot 10, Block 1, Wilbert Square Addition. Staff recommends approval.
Attachments:
Memo
Legal Notice
City Code and SDCL References
Location Map
City of Brookings Printed on 1/8/2026Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: January 13, 2026
Subject: On-Off Sale Malt License Transfer: 2508 Wilbert Court, Suite B
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
The City of Brookings has received an application to transfer the On -Off Sale Malt
License for Tee’d Off Golf, from Brian & Sharon Brecher, Joe & Mary Schulte, and Chris
Thompson, Tee’d Off Golf LLC, owners, to Nicholas Picek. Business location: 2508
Wilbert Court, Suite B, Brookings, South Dakota. Legal description: Lot 10, Block 1,
Wilbert Square Addition. Staff recommends approval.
Item Details:
A public hearing and action by the local governing body is required for the transfer of an
existing alcoholic beverage license.
This is an application to transfer the On-Off Sale Malt License from Brian & Sharon
Brecher, Joe & Mary Schulte, and Chris Thompson, Tee’d Off Golf LLC, owners, to
Nicholas Picek. Business location: 2508 Wilbert Court, Suite B, Brookings, South
Dakota. Legal description: Lot 10, Block 1, Wilbert Square Addition.
If approved, the On-Off Sale Malt License would be effective upon State Department of
Revenue approval and license issuance, and subject to an annual renewal.
Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the
Application Review Procedure. The city council shall review all applications submitted
to the city for available on-sale alcoholic beverage agreements and for all alcoholic
beverage licenses in accordance with SDCL Chapter 35-2 (SDCL 35-2-1 et seq.) and in
accordance with the following factors:
1) Type of business which the applicant proposes to operate;
2) The manner in which the business is operated;
3) The extent to which minors are employed in such a place of business;
4) Adequacy of the police facilities to properly police the proposed location;
5) Other factors: The hours that business is conducted.
(Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2.
SDCL 35-2-1.2. Applications submitted to the local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license, shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county in which the applicant
intends to operate. The applicant shall submit the required fee with the application. The
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the license
and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
(1) The approval of the application permits a person, corporation, or business
entity to possess more than one-third of the licenses available to be issued in
the jurisdiction; and
(2) The governing body determines that possession of more than one-third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
License Transfer Fee: $150 ($75 City of Brookings / $75 State of South Dakota.)
Supporting Documentation:
Legal Notice
City Code and SDCL References
Location Map
NOTICE OF PUBLIC HEARING
Transfer of an On-Off Sale Malt License – Tee’d Off Golf
NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of
Brookings, South Dakota, on January 13, 2026, at 6:00 p.m. in the Brookings City & County
Government Center Chambers, 520 Third Street, will meet in regular session to consider an
application to transfer the On-Off Sale Malt License from Tee’d Off Golf, LLC, Brian &
Sharon Brecher, Joe & Mary Schulte, and Chris Thompson, owners, to Nicholas Picek,
2508 Wilbert Court, Suite B, Brookings, South Dakota, legal description: Lot 10, Block 1,
Wilbert Square Addition. At which time and place all persons interested will be given a full,
fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 2nd day of January, 2026.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $
Brookings County, SD
Developed by
Parcel ID 406760010001000
Sec/Twp/Rng --
Property Address 2508 WILBERT CT
BROOKINGS
Alternate ID n/a
Class NADC
Acreage n/a
Owner Address DEN-WIL INVESTMENTS INC
910 4TH ST
BROOKINGS SD 57006
District 4001 - BROOKINGS/BROOKINGS SCH
Brief Tax Description WILBERT SQUARE ADDN, LOT 10 BLK 1 40,479 SF
(Note: Not to be used on legal documents)
Date created: 12/29/2025
Last Data Uploaded: 12/29/2025 1:02:37 AM
880 ft
Overview
Legend
Brookings City
Limits
City Limits
Township
Boundary
Sections
Parcels
Brookings City Code and SD Codified Law References:
City Code of Ordinance
Chapter 6, Article 2, Section 6-42. Application Review Procedure. The city council
shall review all applications submitted to the city for available on-sale alcoholic
beverage agreements and for all alcoholic beverage licenses in accordance with SDCL
Chapter 35-2 (SDCL 35-2-1 et seq.) and in accordance with the following factors:
1) Type of business which applicant proposes to operate: on-sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may
not be issued to convenience grocery stores, gas stations, or other stores where
groceries or gasoline are sold unless it can be established that minors do not
regularly frequent the establishment.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on-sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
4) Adequacy of the police facilities to properly police the proposed location: The city
council shall inquire of the city manager whether the police department can
adequately police the proposed location.
5) Other factors: The hours that business is conducted shall be considered by the
city council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses.
(Code 1996, § 5-20)
State Law reference - Local license approval, SDCL 35-2-1.2.
SD Codified Law References:
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county in which the applicant
intends to operate. The applicant shall submit the required fee with the application. The
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the license
and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one-third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
SDCL 35-2-6.2 Character requirements for licenses. Any licensee under this title
shall be a person of good moral character, never convicted of a felony, and, if a
corporation, the managing officers of the corporation shall meet the same
qualifications.” Source: SDC 1939, §§ 5.0204 (10) (c), 5.0303 (2); SDCL §§ 35-4-26,
35-6-4; SL 1971, ch 211, § 25; SL 2018, ch 213, § 22.