# S.D. Codified Laws § 34A-17-2: Definitions

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-2

## Section

- **Citation:** S.D. Codified Laws § 34A-17-2
- **Heading:** Definitions
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 34A / Chapter 17 / Section 34A-17-2

## Text

In this chapter:

(1) "Activity and use limitations," means restrictions or obligations created under this chapter with respect to real property;

(2) "Agency," means the Department of Agriculture and Natural Resources or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created;

(3) "Common interest community," means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community;

(4) "Environmental covenant," means a servitude arising under an environmental response project that imposes activity and use limitations;

(5) "Environmental response project," means a plan or work performed for environmental remediation of real property and conducted:

(A) Under a federal or state program governing environmental remediation of real property, including chapter 34A-10 ;

(B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or

(C) Under a state voluntary clean-up program;

(6) "Holder," means the grantee of an environmental covenant as specified in § 34A-17-3 (a);

(7) "Person," means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(9) "State," means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Source: SL 2005, ch 196, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.

## Nearby sections

- [S.D. Codified Laws § 34A-17-1 Short title](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-1.md)
- [S.D. Codified Laws § 34A-17-2 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-2.md)
- [S.D. Codified Laws § 34A-17-3 Nature of rights--Subordination of interests](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-3.md)
- [S.D. Codified Laws § 34A-17-4 Content of environmental covenant](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-4.md)
- [S.D. Codified Laws § 34A-17-5 Validity--Effect on other instruments](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-5.md)
- [S.D. Codified Laws § 34A-17-6 Relationship to other land-use law](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-6.md)
- [S.D. Codified Laws § 34A-17-7 Notice--Copy of covenant](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-7.md)
- [S.D. Codified Laws § 34A-17-8 Recording](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-8.md)
- [S.D. Codified Laws § 34A-17-9 Duration--Amendment by court action](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-9.md)
- [S.D. Codified Laws § 34A-17-10 Amendment or termination by consent](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-10.md)
- [S.D. Codified Laws § 34A-17-11 Enforcement of covenant--Injunction or other equitable relief](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-11.md)
- [S.D. Codified Laws § 34A-17-12 Registry--Substitute notice](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-12.md)
- [S.D. Codified Laws § 34A-17-13 Uniformity of application and construction](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-13.md)
- [S.D. Codified Laws § 34A-17-14 Relation to Electronic Signatures in Global and National Commerce Act](https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T34A_C17_S34A-17-2. Check the current official text before relying on it. Not legal advice.