No utility may begin construction of a facility in the state on or after July 1, 1979, without first having obtained a permit issued with respect to such facility by the Public Utilities Commission pursuant to this chapter. No such permit is required for an associated facility to be constructed for the purpose of transporting water if the water management board has issued a permit to appropriate water for the use to be made by that facility. Any facility, with respect to which a permit is required, shall thereafter be constructed, operated, and maintained in conformity with such permit including any terms, conditions, or modifications contained therein.
S.D. Codified Laws § 49-41B-4
Permit required before construction of facility after certain date
Known as the South Dakota Energy Facility Permit Act
The act spans §§ 49–49 (66 sections).
Applied in 5 court decisions — leading case Basin Electric Power Cooperative v. Payne (1980)
Most recently applied in Christenson v. Crowned Ridge Wind, LLC (August 2022)
Source: SL 1977, ch 390, § 4; SL 1983, ch 349.
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.