Individuals & Families
Small Businesses
Nonprofits
Employers
Employee Benefits Brokers
PEOs
Credit Unions
Membership Groups
Legal Information
Sign In
/
U.S. State Codes
/
South-Dakota
/
Title 49 - Public Utilities...
/
Chapter 41B - Energy Conversion And Transmissio...
Chapter 41B - Energy Conversion And Transmission Facilities
§ 49-41B-1 Legislative findings--Necessity to require permit for facility.
§ 49-41B-1.1 Repealed.
§ 49-41B-2 Definition of terms.
§ 49-41B-2.1 Transmission facility defined.
§ 49-41B-2.2 Modified facility defined.
§ 49-41B-3 Ten-year plan required of utility planning to own or operate energy conversion facilities--Updating of plan--Contents.
§ 49-41B-4 Permit required before construction of facility after certain date.
§ 49-41B-4.1 Trans-state transmission facility--Permit and legislative approval required.
§ 49-41B-4.2 Trans-state transmission line--Criteria required.
§ 49-41B-4.3 Seasonal diversity exchange of electric power.
§ 49-41B-4.4 Trans-state transmission facility--Eminent domain--Acquisition of fee in land contiguous to right-of-way--Divestiture of agricultural land.
§ 49-41B-4.5 Foreclosure on nondivested agricultural land.
§ 49-41B-4.6 Corporate ownership of agricultural land.
§ 49-41B-4.7 Divestiture of less than fair market value not required.
§ 49-41B-4.8 Repealed.
§ 49-41B-5 Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests.
§ 49-41B-5.1 Posting of signs on proposed site--Time for posting--Contents.
§ 49-41B-5.2 Notification of area landowners by mail--Time for notification--Copy of application filed with county auditor.
§ 49-41B-6 Designation of affected area by commission after notification of intent filed--Local review committee designated, composition.
§ 49-41B-7 Assessment by local review committee--Factors included.
§ 49-41B-8 Employment of personnel by committee--Expenses--Information furnished by commission.
§ 49-41B-9 Financing of committee expenses.
§ 49-41B-10 Final report of committee.
§ 49-41B-11 Applications for permit--Filing deadline--Form--Contents.
§ 49-41B-12 Deposit required--Disposition--Minimum and maximum fees--Environmental impact fee.
§ 49-41B-13 Denial, return, or amendment of application--Grounds--Applicant permitted to make changes.
§ 49-41B-14 Further data provided prior to hearings if required--Prehearing conference.
§ 49-41B-15 Commission procedure following receipt of application for permit.
§ 49-41B-16 Public input hearing--Location--Publication of notice.
§ 49-41B-17 Parties to proceedings under chapter.
§ 49-41B-17.1 County auditor as agent for service of process on party--Request for personal service.
§ 49-41B-17.2 Contested case hearing.
§ 49-41B-18 Repealed.
§ 49-41B-19 Evidence from state or local agencies relative to environmental, social and economic conditions.
§ 49-41B-19.1 Public comments on application.
§ 49-41B-20 Final report heard by commission at final hearing--Decision on application--Adoption of committee's report.
§ 49-41B-21 Environmental impact statement.
§ 49-41B-22 Applicant's burden of proof.
§ 49-41B-22.1 Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required.
§ 49-41B-22.2 Reapplication for permit--Discussion of commission as to applicant's burden of proof.
§ 49-41B-22.3 Reapplication for permit--Deposits and fees required.
§ 49-41B-23 Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.
§ 49-41B-24 Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities--Complete findings by commission required within year of application.
§ 49-41B-24.1 Extension of deadlines.
§ 49-41B-25 Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.
§ 49-41B-25.1 Notice to commission of planned construction of certain wind energy projects.
§ 49-41B-25.2 Wind energy facility to include aircraft detection lighting system.
§ 49-41B-26 Accounting for expenditures of applicant's deposit--Refund of unused moneys.
§ 49-41B-27 Construction, expansion, and improvement of facilities.
§ 49-41B-28 Supersession of local land use controls by facility permit upon finding by commission.
§ 49-41B-29 Transfer of permit--Commission approval--Rules.
§ 49-41B-30 Circuit court review of commission decision by aggrieved party--Procedures.
§ 49-41B-31 Order not stayed by appeal--Stay or suspension by court.
§ 49-41B-32 Surety bond required if order stayed or suspended--Other security.
§ 49-41B-33 Revocation or suspension of permit--Grounds.
§ 49-41B-34 Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.
§ 49-41B-35 Promulgation of rules.
§ 49-41B-36 Authority to route or locate facilities not delegated to commission.
§ 49-41B-37 Citation of chapter.
§ 49-41B-38 Indemnity bond for damage to roads and bridges.
§ 49-41B-39 Financial security for decommissioning of wind turbines.