South Dakota § 49-41B-28 Supersession of local land use controls--Exception.

South Dakota Statutes

§ 49-41B-28 — Supersession of local land use controls--Exception.

South Dakota·Title 49 PUBLIC UTILITIES AND CARRIERS·Ch. 49-41A ENERGY CONVERSION AND TRANSMISSION FACILITIES

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

South Dakota § 49-41B-28 (Supersession of local land use controls--Exception.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.