South Dakota House Bill HB1134

South Dakota 2023 Regular Session

• Introduced: 1/25/23
• Refer: 1/25/23

Caption

Require property owner consent before construction resulting in lake water level alteration.

Impact

The implementation of HB1134 would significantly change the permitting process related to construction projects near public lakes in South Dakota. By mandating property owner consent, the bill acknowledges the potential impact that alterations can have on local ecosystems and property values. This law, if enacted, would likely lead to more thorough evaluations of proposed projects, as measures would need to be taken to secure community agreement before moving forward. It could potentially slow down the permitting process, as applicants would have to engage in negotiations with multiple property owners to ensure majority consent.

Summary

House Bill 1134 aims to ensure that before any state agency or political subdivision can issue a permit for construction projects that may affect the water level of public lakes, proof of consent must be obtained from a majority of the lakefront property owners. This legislation recognizes the rights of property owners adjacent to public lakes and seeks to protect their interests in potential changes to the water levels that could impact their property. The bill emphasizes the need for community agreement in projects that alter natural water bodies, promoting a collaborative approach to development in sensitive environmental areas.

Contention

Although the intent behind HB1134 is to safeguard the interests of lakefront property owners, potential points of contention could arise regarding how majority consent is defined and obtained. For example, the bill stipulates that individuals with shared ownership would count as a single property owner in determining majority consent, which may lead to scenarios where not all affected parties feel equally represented. Critics could argue that this provision might create a situation where a minority of voices can prevent construction that could be beneficial to the community. Additionally, developers may express concerns regarding the efficiency and feasibility of obtaining such consents, potentially complicating future development projects near public lakes.