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S.D. Codified Laws § 34A-9-1

Definition of terms

Known as the South Dakota Environmental Policy Act

The act spans §§ 34A-9-1 to 34A-9-9 (16 sections).

Applied in 2 court decisions — leading case Hyperion I & II (2013)

Most recently applied in In re the Prevention of Significant Deterioration (PSD) Air Quality Permit Application of Hyperion Energy Center (January 2013)

Source: SL 1974, ch 245, § 1; SDCL Supp, § 11-1A-1; SL 1986, ch 295, § 30; SL 2021, ch 1 (Ex

Terms as used in this chapter, unless the context otherwise requires, mean:

(1) "Agency," the executive and administrative departments, offices, boards, commissions, and other units of the state government;

(2) "Board," the Board of Minerals and Environment;

(3) "Draft environmental impact statement," a preliminary statement prepared pursuant to § 34A-9-5;

(4) "Environment," the physical conditions that will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character;

(5) "Environmental impact statement," a detailed statement setting forth the matters specified in § 34A-9-7. It includes any comments on a draft environmental statement which are received pursuant to § 34A-9-8, and the agency's response to such comments, to the extent that they raise issues not adequately resolved in the draft environmental statement;

(6) "Secretary," the secretary of the Department of Agriculture and Natural Resources.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.