South Dakota 2024 Regular Session

South Dakota House Bill HB1128

Introduced
1/22/24  
Refer
1/22/24  
Report Pass
1/25/24  
Engrossed
1/30/24  
Refer
1/31/24  
Report Pass
2/6/24  
Enrolled
2/7/24  

Caption

Require a zoning authority to determine that a well is an established well that has not been abandoned in making a permitting decision.

Impact

The introduction of HB 1128 is expected to influence state laws surrounding water resources and land use regulations significantly. By stipulating that abandoned wells cannot be grounds for denying permits, the bill increases the protections for property owners who maintain active wells. This could lead to more favorable conditions for development in areas where groundwater access is critical, and it also aims to alleviate the challenges faced by landowners in meeting permitting requirements linked to well status. Overall, the bill aims to streamline processes for zoning authorities and bolster the role of established wells in zoning decisions.

Summary

House Bill 1128 is designed to redefine the responsibilities of zoning authorities in South Dakota regarding well permitting decisions. It mandates that zoning authorities must determine whether a well is established and not abandoned prior to making any zoning decisions. The bill specifies criteria for what constitutes an 'established well' and an 'abandoned well,' which will help clarify the necessary conditions for wells in the context of zoning regulations. This legislation aims to ensure fair treatment for property owners with active, established wells while providing guidance to zoning authorities in their permitting processes.

Sentiment

The sentiment surrounding HB 1128 appears to be generally supportive, particularly among those who advocate for property rights and water resource accessibility. Legislators expressed approval of the clarity the bill provides, fostering a sense of security for homeowners reliant on wells for water supply. However, there is potential for dissent among environmentalists and those concerned about groundwater management who may fear that easing regulations could lead to misuse or mismanagement of water resources.

Contention

The main point of contention regarding HB 1128 revolves around the definitions and implications of 'established' versus 'abandoned' wells. Critics may argue that failing to thoroughly examine the potential environmental impacts of inactive wells could pose risks to groundwater quality. Additionally, some stakeholders may feel that the bill could enable over-exploitation of groundwater resources without sufficient oversight, raising concerns about long-term sustainability and the balance between development and environmental protection. Overall, while the bill aims to simplify existing regulations, the implications of these changes may lead to broader discussions about water resource management.

Companion Bills

No companion bills found.

Previously Filed As

SD SB74

Provide for the establishment of regional jail authorities.

SD SB185

Establish the Committee on Foreign Investment in the United States – South Dakota and revise provisions related to the foreign ownership or control of agricultural land.

SD HB1108

Revise provisions related to abandoned mobile or manufactured homes.

SD HB1029

Revise certain provisions regarding the county zoning and appeals process.

SD SB209

Authorize sports wagering in certain licensed alcoholic beverage retailer establishments.

SD HB1189

Require certain entities owning agricultural land to report foreign beneficial ownership interests.

SD HB1094

Lower the state sales tax rate and the state use tax rate on food to zero percent, and to repeal a conditional reduction of certain gross receipts tax rates.

SD HB1095

Lower the state sales tax rate and the state use tax rate on food to two and one-half percent.

SD SB144

Provide access to abandoned cemeteries to descendants of the decedents interred therein.

SD HB1102

Clarify and modify requirements related to the medical cannabis program.

Similar Bills

No similar bills found.