Annexation Petitions – Landowner Initiated Annexations

South Dakota State Codified Law allows for a landowner to petition for annexation into a city.  The Sioux Falls Growth Management Plan stresses that only compact, contiguous growth with be allowed along the city’s fringe.  The extension of water or sewer service to a development shall be predicated upon annexation of the property, which shall occur before the land is provided with municipal services. Voluntary annexation agreements may limit or outline the phasing, timing, or development of utility services and may include specific or general plans for the financing of infrastructure improvements and the land uses of the area.

A primary benefit of annexing key growth areas prior to actual development is that it permits the City to extend major streets and utilities on an efficient scale rather than on a piecemeal basis. Engineering and capital improvements programming can be carried out for large areas rather than for individual subdivisions, allowing more timely and economical public improvements. The availability of these facilities will, in turn, encourage development in planned service areas where the availability of major streets and utilities is assured. Advance annexation of future growth areas will ensure that new development is designed to meet City standards and is provided with municipal utilities and services.

From a broader perspective, coordination with the Capital Improvements Program is equally as important. Annexation of planned growth areas must occur early enough to provide adequate lead time for the construction of major street and utility improvements. This ensures that an ample supply of developable land can be maintained and inflated land prices resulting from municipal service lags can be minimized.

SD Codified Law Reference

Section 9-4-1  Annexation of territory on petition by voters and landowners. The governing body of a municipality, upon receipt of a written petition describing the boundaries of any territory contiguous to that municipality sought to be annexed to that municipality, may by resolution include such territory or any part thereof within such municipality if the petition is signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed to the municipality.

For purposes of this section, "contiguous" includes territory separated from the municipality by reason of intervening ownership of land used as a golf course or any land owned by the State of South Dakota or any subdivisions thereof.

The Petition Process

The process for landowners to initiate annexation of their property into the Sioux Falls city limits is as follows:

  1. Submit an annexation form and associated fee, along with a vicinity map, to the Planning Office.
    • The annexation form should include:
      • the legal description of the subject property;
      • property address, if known;
      • property size (acres);
      • intended uses and residential densities of the property;
      • Utility extensions and proposed schedule;
      • landowner/applicant’s contact information (name, mailing address, daytime phone number).
    • The vicinity map should include:
      • parcel boundaries and dimensions;
      • access from a public street or road;
      • north arrow.
    • Once the application has been received, a meeting will be scheduled with the applicant Planning and Engineering to discuss and agree upon the proposed utility extension and schedule.
    • At that time a City Council public hearing will be schedule and a legal notice will be advertised in the newspaper.