South Dakota § 34A-10-8 Detrimental conduct prohibited when reasonable alternative available.

South Dakota Statutes

§ 34A-10-8 — Detrimental conduct prohibited when reasonable alternative available.

South Dakota § 34A-10-8

Title 34AENVIRONMENTAL PROTECTION

Ch. 34A-9REMEDIES FOR PROTECTION OF ENVIRONMENT

This text of South Dakota § 34A-10-8 (Detrimental conduct prohibited when reasonable alternative available.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34A-10-8 (2026).

Text

In any administrative, licensing, or other proceedings, as described in § 34A-10-2 , and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determined. No conduct may be authorized or approved which does, or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in the resources, if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.

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In any administrative, licensing, or other proceedings, as described in § 34A-10-2 , and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determined. No conduct may be authorized or approved which does, or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in the resources, if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.