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House passes 'members-present' standard for conditional use permit votes

Melissa Hamersma Sievers
/
SDPB

House Republicans are further scaling back county voting requirements for conditional use permits.

The bill follows up reforms Gov. Kristi Noem made in 2020 to reduce the threshold on certain projects.

Conditional use permits are needed for projects like concentrated animal feeding operation, also known as beef or hog barns.

County-level permits used to require a two-thirds majority vote. In 2020, Noem pushed legislation to reduce that threshold down to a simple majority.

Now, Rep. JD Wangsness is backing a bill for the Department of Ag and Natural Resources. The Republican from Miller said a ‘members-present’ standard presents an easier path to vote on permits.

“It’s important because—especially in our smaller counties and communities—there can be conflicts of interest. Say, one brother is on the commission, one brother is applying for a permit. That brother should recuse himself," Wangsness said. "That way you don’t restrict yourself on members-elect. Because then you’d have to go into different processes where you’d have to appoint an alternate, things like that.”

Critics say the change will allow even fewer county commission votes to approve something like a hog barn.

"It's the state taking local control away from the counties," said Yankton County Commissioner Dan Klimisch.

There are 435 permitted animal feedlots in South Dakota. The majority of those are in the eastern side of the state.

House lawmakers approved the bill. It now heads to the Senate.

Lee Strubinger is SDPB’s Rapid City-based news and political reporter. A former reporter for Fort Lupton Press (CO) and Colorado Public Radio, Lee holds a master’s in public affairs reporting from the University of Illinois-Springfield.