All agencies may prepare, or have prepared by contract, an environmental impact statement on any major action they propose or approve which may have a significant effect on the environment. Any agency which prepares, or has prepared by contract, an environmental impact statement pursuant to subdivision 34A-9-2(3) shall assess a fee against the person seeking a lease, permit, license, certificate, or other public entitlement for the preparation of the statement. This fee shall be assessed in addition to and independently of any other fee or deposit required by any other provision of law. No lease, permit, license, certificate, or other public entitlement may be issued until the fee is paid. The purpose of an environmental impact statement is to provide detailed information about the effect which a proposed action is likely to have on the environment, to list ways in which any adverse effects of the action might be minimized, and to suggest alternatives to the action.
S.D. Codified Laws § 34A-9-4
Environmental impact statement authorized--Fee--Purpose
Known as the South Dakota Environmental Policy Act
The act spans §§ 34A-9-1 to 34A-9-9 (16 sections).
Applied in 4 court decisions — leading case In Re Application of SDDS, Inc. (1991)
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, § 2; SDCL Supp, § 11-1A-4; SL 1981, ch 269, § 2.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.