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Section 49-41b-28

49-41B-28.

Supersession of local land use controls by facility permit upon finding by commission.

A permit for the construction of a transmission facility within a designated area may supersede or preempt any county or municipal land use, zoning, or building rules, regulations, or ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or ordinances, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost, or economics, or needs of parties where located in or out of the county or municipality. Without such a finding by the commission, no route shall be designated which violates local land-use zoning, or building rules, or regulations, or ordinances.

Source:

SL 1977, ch 390, § 31.

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Local Government
South Dakota
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Dennis Daugaard
Dennis Daugaard
January 8, 2011 -
Republican
1-605-773-3011
500 East Capitol Avenue, Pierre, SD, 57501

Keywords
municipal
land
permit
finding
designated
transmission
preempt
construction
utilities
supersede