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County moves proposed ordinance to ease placement of modular homes to second reading

March 31, 2026 | Clay County, South Dakota


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County moves proposed ordinance to ease placement of modular homes to second reading
Clay County commissioners voted March 17 to advance changes to the county's zoning ordinance that would classify modular homes on permanent foundations differently from mobile/manufactured homes, moving the measure to a second reading.

Noah, the staff presenter, told the board the Planning & Zoning Commission recommended the amendment with a minor edit removing a reference to a building code the county does not use. Noah said the change would let homes that are placed on permanent foundations be treated like stick-built houses rather than as mobile homes that require a conditional-use permit, which he said "is trying to help address the affordability issue" because these units are typically less expensive.

Commissioners raised a drafting issue involving Section C1 and the ordinance's age cutoff language. A commissioner reminded the board that a 2022 ordinance on the county website requires structures to have been constructed within the previous 20 years to avoid an automatic bar; staff acknowledged the packet draft contained a typographical mismatch and recommended moving the item to a second reading while they verify that the county's existing 2023 language is reflected consistently in the new draft. "The structure shall have been constructed within the last 20 years," staff read aloud as the intended wording for C1.

Supporters said the change would remove an unnecessary hurdle for modular homes that look like traditional houses once placed on-site. "To me, I think that's a little silly if you can build a house on site, but you can't place a house on site," Noah said, adding that residents frequently ask for a streamlined process. Another participant who follows housing cases said homeowners without serial numbers or title documents were frustrated with conditional-use permitting.

A commissioner moved to advance the ordinance to a second reading; the motion was seconded and carried by voice vote. Staff was asked to confirm that only the highlighted language (the C1 text) needs correction and to return with the corrected ordinance for the formal second reading.

The ordinance will return for the board's next meeting for a formal second reading after staff verifies and corrects the draft language. No final substantive policy change was adopted at this meeting.

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