South Dakota § 49-41B-4 Permit required before construction of facility after certain date.

South Dakota Statutes

§ 49-41B-4 — Permit required before construction of facility after certain date.

South Dakota § 49-41B-4

Title 49PUBLIC UTILITIES AND CARRIERS

Ch. 49-41AENERGY CONVERSION AND TRANSMISSION FACILITIES

This text of South Dakota § 49-41B-4 (Permit required before construction of facility after certain date.) 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 § 49-41B-4 (2026).

Text

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.

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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.

Citizens and Landowners Against the Miles City/new Underwood Powerline Joseph D. Bruch, Floyd A. Cammack Anthony H. Bruch Henry Bruch, Rex Schreckenghaust, South Dakota Public Utilities Commission v. Secretary, United States Department of Energy, in His Official Capacity Golden Area Manager, Western Area Power Administration, in His Official Capacity Billings Area Manager, Western Area Power Administration in His Official Capacity, Grand Electric Cooperative, Inc., Citizens and Landowners Against the Miles City/new Underwood Powerline Joseph D. Bruch, Floyd A. Cammack Anthony H. Bruch Henry Bruch, Rex Schreckenghaust, South Dakota Public Utilities Commission v. Secretary, United States Department of Energy, in His Official Capacity Golden Area Manager, Western Area Power Administration, in His Official Capacity Billings Area Manager, Western Area Power Administration, in His Official Capacity Grand Electric Cooperative, Inc.

683 F.2d 1171 (Eighth Circuit, 1982)

11 case citations

Basin Electric Power Cooperative v. Payne

298 N.W.2d 385 (South Dakota Supreme Court, 1980)

10 case citations

Christenson v. Crowned Ridge Wind, LLC

2022 S.D. 46 (South Dakota Supreme Court, 2022)

2 case citations

In Re Otter Tail Power Co. Ex Rel. Big Stone II

2008 SD 5 (South Dakota Supreme Court, 2008)

2 case citations