Governor Kristi Noem’s bill to revise portions of the county zoning and appeals process is awaiting a legislative committee hearing.
She says the bill will streamline the permitting process, but some counties are concerned by the legislation.
However, officials one South Dakota county are doubling down on their support for local control.
The bill dusts off a hardly used county approval process called special permitted use.
Counties are not forced to use that process. However, if counties do utilize special permitted use and the project meets county requirements—that project can fall into a category for approval that does not require public notice or a hearing.
Special permitted use is different from conditional use permits. Typical conditional use permit projects include animal feedlots and windfarms.
Governor Noem says the bill adds predictability to the permitting process.
Portions of that predictability include shortening the appeal process and defining who can challenge a permit—both conditional use and special permitted use. It also reduces the vote threshold for approving projects.
The night before the text of Noem’s bill was introduced, the Yankton County Commission passed a resolution supporting local control.
Dan Klimisch is a commissioner for that southeastern county and wrote the resolution. He says counties employ higher thresholds for voting on conditional use permits because it’s important to get the decision right.
“This bill would reduce that to a simple majority,” Klimisch says. “For example, a board is made up with five commissioners. If three commissioners would show up, and the other two were sick or gone, a simple majority—two out of the three—could pass a conditional use permit. Just a simple majority."
The bill also quickens the appeal process on any decision on a permit, and allows judges to award attorney’s fees and damages. The Senate State Affairs committee will consider the bill.