There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 49 PUBLIC UTILITIES AND CARRIERS
Chapter 41B. Energy Conversion And Transmission Facilities
- §49-41B-1 Legislative findings--Necessity to require permit for facility.
- §49-41B-1.1 Repealed.
- §49-41B-2 Definition of terms.
- §49-41B-2.1 Transmission facility defined.
- §49-41B-2.2 Modified facility defined.
- §49-41B-3 Ten-year plan required of utility planning to own or operate energy conversion facilities--Updating of plan--Contents.
- §49-41B-4 Permit required before construction of facility after certain date.
- §49-41B-4.1 Trans-state transmission facility--Permit and legislative approval required.
- §49-41B-4.2 Trans-state transmission line--Criteria required.
- §49-41B-4.3 Seasonal diversity exchange of electric power.
- §49-41B-4.4 Trans-state transmission facility--Eminent domain--Acquisition of fee in land contiguous to right-of-way--Divestiture of agricultural land.
- §49-41B-4.5 Foreclosure on nondivested agricultural land.
- §49-41B-4.6 Corporate ownership of agricultural land.
- §49-41B-4.7 Divestiture of less than fair market value not required.
- §49-41B-4.8 Repealed.
- §49-41B-5 Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests.
- §49-41B-5.1 Posting of signs on proposed site--Time for posting--Contents.
- §49-41B-5.2 Notification of area landowners by mail--Publication of notice of proposed facility--Time for notification.
- §49-41B-6 Designation of affected area by commission after notification of intent filed--Local review committee designated, composition.
- §49-41B-7 Assessment by local review committee--Factors included.
- §49-41B-8 Employment of personnel by committee--Expenses--Information furnished by commission.
- §49-41B-9 Financing of committee expenses.
- §49-41B-10 Final report of committee.
- §49-41B-11 Applications for permit--Filing deadline--Form--Contents.
- §49-41B-12 Deposit required--Disposition--Minimum and maximum fees--Environmental impact fee.
- §49-41B-13 Denial, return, or amendment of application--Grounds--Applicant permitted to make changes.
- §49-41B-14 Further data provided prior to hearings if required--Prehearing conference.
- §49-41B-15 Procedure followed by commission following receipt of application for permit.
- §49-41B-16 Public hearings held within thirty days after notice.
- §49-41B-17 Parties to proceedings under chapter.
- §49-41B-17.1 County auditor as agent for service of process on party--Request for personal service.
- §49-41B-18 Repealed.
- §49-41B-19 Evidence from state or local agencies relative to environmental, social and economic conditions.
- §49-41B-20 Final report heard by commission at final hearing--Decision on application--Adoption of committee's report.
- §49-41B-21 Environmental impact statement.
- §49-41B-22 Applicant's burden of proof.
- §49-41B-22.1 Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required.
- §49-41B-22.2 Reapplication for permit--Discussion of commission as to applicant's burden of proof.
- §49-41B-22.3 Reapplication for permit--Deposits and fees required.
- §49-41B-23 Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.
- §49-41B-24 Large facility or pipeline permit--Complete findings required by commission within year of receipt of application.
- §49-41B-25 Small facility permit--Complete findings required within six months--Notice of decision.
- §49-41B-25.1 Notice to commission of planned construction of certain wind energy projects.
- §49-41B-26 Accounting for expenditures of applicant's deposit provided by commission--Refund of unused moneys.
- §49-41B-27 Construction, expansion, and improvement of facilities.
- §49-41B-28 Supersession of local land use controls by facility permit upon finding by commission.
- §49-41B-29 Transfer of permit--Commission approval--Rules.
- §49-41B-30 Circuit court review of commission decision by aggrieved party--Procedures.
- §49-41B-31 Order not stayed by appeal--Stay or suspension by court.
- §49-41B-32 Surety bond required if order stayed or suspended--Other security.
- §49-41B-33 Revocation or suspension of permit--Grounds.
- §49-41B-34 Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.
- §49-41B-35 Promulgation of rules.
- §49-41B-36 Authority to route or locate facilities not delegated to commission.
- §49-41B-37 Citation of chapter.
- §49-41B-38 Indemnity bond for damage to roads and bridges.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.