Q&A Can A Special District Create More Rules Than State Statute?

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Question- In South Dakota, can a road district, or any other “special district”, put more requirements on people than the law has? For example, if the law says that in order to be an eligible voter a person must own land in the district, can the board of a special district write bylaws that state an eligible person must own land AND be a resident?

Answer- In South Dakota, special districts (including road districts) are created and governed by specific statutes in the South Dakota Codified Laws (SDCL), such as Title 6 (Local Government Generally) for general formation provisions and specific chapters like SDCL 31-12A for county road districts. These entities have limited authority derived solely from state law and cannot enact bylaws, ordinances, or rules that contradict or exceed statutory requirements, including those related to voter eligibility.

For road districts specifically (under SDCL 31-12A), eligible voters are defined in SDCL 31-12A-1.2 as landowners (persons or public corporations owning land within the district), and the statute explicitly states that they “may reside within or outside the district.” The board of trustees’ powers (outlined in sections like SDCL 31-12A-21 and 31-12A-22) are restricted to managing the district’s business—primarily road construction, maintenance, and related operations—through necessary ordinances, resolutions, rules, and regulations. These powers do not extend to altering voter eligibility criteria set by state law. Adding a residency requirement would directly conflict with the statute’s allowance for non-resident landowners to vote, making such a bylaw invalid and unenforceable.

This principle applies broadly to other special districts (e.g., ambulance districts under SDCL 34-11A, fire protection districts under SDCL 34-31A, or sanitary districts under SDCL 34A-5), where voter eligibility is also defined by statute and varies by district type (often requiring registered voters who are residents, but always as specified in the relevant chapter). District boards or trustees can adopt bylaws for internal governance and operational matters within their statutory scope, but they lack authority to impose additional voter restrictions that narrow or contradict the legislature’s definitions. Election administration, including eligibility, falls under state oversight (e.g., via the State Board of Elections’ rulemaking under SDCL 12-1-9), and local entities cannot override it.

If a district attempts such a change, it could be challenged as ultra vires (beyond legal authority) through mechanisms like judicial review or an attorney general opinion, as seen in past interpretations emphasizing strict adherence to statutory voter definitions.