A permit for the construction of a transmission facility within a designated area may supersede or preempt any county or municipal land use, zoning, or building rules, regulations, or ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or ordinances, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost, or economics, or needs of parties where located in or out of the county or municipality. Without such a finding by the commission, no route shall be designated which violates local land-use zoning, or building rules, or regulations, or ordinances.
S.D. Codified Laws § 49-41B-28
Supersession of local land use controls--Exception
Known as the South Dakota Energy Facility Permit Act
The act spans §§ 49–49 (66 sections).
Applied in 1 court decision — leading case In re Nebraska Public Power District for a Permit to Construct & Operate the Proposed Mandan Nominal 500 Ky Transmission Facility (1984)
Most recently applied in In re Nebraska Public Power District for a Permit to Construct & Operate the Proposed Mandan Nominal 500 Ky Transmission Facility (August 1984)
Source: SL 1977, ch 390, § 31; SL 2024, ch 189, § 6, rejected Nov. 5, 2024.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.