South Dakota HB1198 mandates conditional use permits for high energy use facilities near county or municipal boundaries.
South Dakota HB1198 requires operators of high energy use facilities to apply for conditional use permits from adjacent counties or municipalities if the facility is within one mile of their boundaries and has adopted zoning ordinances. A high energy use facility is defined as one or more buildings on a single or contiguous parcels with an anticipated combined utility demand plus facility generated power of twenty megawatts or more of average electrical power. This provision ensures that operators must seek approval from nearby jurisdictions before proceeding with such facilities.
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