Mobile home storm rules in South Dakota

South Dakota addresses storm and disaster safety through the federal HUD construction code and the general landlord duty to keep the premises fit and the major systems working. The information below describes how the law generally works; anyone dealing with a specific situation should consider consulting a licensed attorney in South Dakota.

What the statute says

The home's construction and anchoring follow the federal HUD code (24 C.F.R. Part 3280), which sets the wind-zone construction and anchoring requirements. Habitability comes from the general lease law: under S.D. Codified Laws §43-32-8, the lessor must "keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order" and "maintain in good and safe working order and condition all electrical, plumbing, or heating systems of the premises," except where the tenant caused the disrepair. South Dakota has no dedicated mobile-home-park statute and no provision requiring a park to provide a storm shelter, but §43-32-31 gives a home owner 90 days' notice to move the home if the land is developed for another use.

How it works in general

For the home itself, South Dakota relies on the federal HUD code's wind-zone construction and anchoring standards — important in a state known for high winds, blizzards, and severe storms, where proper tie-downs and anchoring matter. For the lot and common areas, the general lease duty applies: the landlord has to keep the premises fit for habitation and the electrical, plumbing, and heating systems in good and safe working order, which matters most when a storm strains a park's systems. South Dakota doesn't require a park to provide a storm shelter, so disaster preparation and assistance run through state and federal emergency management. If a storm pushes a park toward a change of land use, residents get 90 days' notice to move the home.

Common scenarios

General examples South Dakota park residents commonly encounter:

• Questions arise about how a home is anchored. The federal HUD code governs construction and wind-zone requirements (24 C.F.R. Part 3280).
• A storm strains the home's systems. The landlord must keep electrical, plumbing, and heating in good and safe working order (§43-32-8).
• A disaster pushes a park toward a change of use. The resident gets 90 days' notice to move the home (§43-32-31).

Other authorities that may apply

The general lease law (S.D. Codified Laws §43-32-8) sets the habitability duty, and §43-32-31 the change-of-use notice; the federal HUD code governs home construction and anchoring. The South Dakota Office of Emergency Management and FEMA administer disaster assistance, and a homeowner's insurance policy — not statute — usually governs storm-damage claims.