9-3-1. Minimum population of municipalities.
A municipality may not be incorporated unless it contains at least one hundred legal residents and at least forty-five registered voters. For the purposes of this section, a person is a legal resident in the proposed municipality if the person actually lives in the proposed municipality for at least ninety days of the three hundred sixty-five days immediately preceding the filing of the petition or is an active duty member of the armed forces whose home of record is within the proposed municipality.
Source: PolC 1877, ch 24, §2; CL 1887, §1023; RPolC 1903, §1418; SL 1909, ch 73; RC 1919, §6172; SDC 1939, §45.0302; SL 2016, ch 48, §1.