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Bill > HB1198


SD HB1198

SD HB1198
Require that certain facilities obtain conditional use permits from adjacent political subdivisions.


summary

Introduced
01/29/2026
In Committee
02/12/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An Act to require that certain facilities obtain conditional use permits from adjacent political subdivisions.

AI Summary

This bill requires that the operator of a proposed "high energy use facility," defined as one or more buildings on a single or connected parcels with an anticipated combined utility demand and self-generated power of twenty megawatts or more of average electrical power, must obtain a conditional use permit from adjacent political subdivisions under specific circumstances. If the facility is located within one mile of the boundary of an adjacent county and that county has adopted zoning ordinances or a special zoning area, the operator must seek a permit from that county. Similarly, if the facility is within one mile of an adjacent municipality and that municipality has adopted zoning ordinances, the operator must obtain a permit from that municipality. This provision aims to give neighboring local governments a say in the development of large energy-intensive facilities that could impact their communities.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

House of Representatives Do Pass, Failed, YEAS 21, NAYS 41. H.J. 321 (on 02/12/2026)

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