| 1 | 1 | | 25.715.26 100th Legislative Session 1261 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1261 |
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| 12 | 12 | | Introduced by: Representative Sjaarda |
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| 13 | 13 | | |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to provide the board of commissioners with authority over certain intra -1 |
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| 17 | 17 | | county land uses and construction projects. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. That a NEW SECTION be added to chapter 11-2: 4 |
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| 20 | 20 | | A board may enact an ordinance or resolution governing the construction or 5 |
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| 21 | 21 | | operation of infrastructure within any public right-of-way for a contemplated intra-county 6 |
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| 22 | 22 | | land use. The board shall specify an approving authority to oversee the construction or 7 |
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| 23 | 23 | | operation of infrastructure within a public right-of-way. 8 |
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| 24 | 24 | | Prior to submitting an application to the county for an intra-county land use, an 9 |
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| 25 | 25 | | applicant shall notify any impacted municipality or township. The applicant shall submit 10 |
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| 26 | 26 | | proof of the notice with the application to the county. 11 |
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| 27 | 27 | | If the intra-county land use requires county approval as determined by the board, 12 |
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| 28 | 28 | | the board or the approving authority must provide at least ten days' notice to any impacted 13 |
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| 29 | 29 | | municipality or township prior to the approving authority's issuance of a decision. 14 |
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| 30 | 30 | | A decision by the approving authority granting approval for the intra -county 15 |
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| 31 | 31 | | construction or operation of infrastructure, and use of public right-of-way reasonably 16 |
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| 32 | 32 | | necessary for the contemplated land use, is subject to the terms and conditions imposed 17 |
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| 33 | 33 | | by the board and, if applicable, the governing body of any municipality exercising joint 18 |
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| 34 | 34 | | jurisdiction as provided in chapters 11-4 and 11-6. 19 |
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| 35 | 35 | | Approval by the board or approving authority does not preclude an applicant and 20 |
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| 36 | 36 | | any impacted municipality or township from entering into any mutual agreement related 21 |
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| 37 | 37 | | to the operation of infrastructure reasonably necessary for the contemplated use. 22 |
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