Changes to Existing Law

26.919.9 26.919.10 101st Legislative Session 237 2026 South Dakota Legislature Senate Bill 237 SENATE LOCAL GOVERNMENT ENGROSSED This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor. Introduced by: Senator Davis Underscores indicate new language. Overstrikes indicate deleted language. An Act to establish additional require that counties provide written notice and hearing requirements for applicants to township supervisors of 1 seeking conditional use permits for proposed uses that materially affect applications and appeals. 2 public infrastructure or rights-of way. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 3 Section 1. That a NEW SECTION be added to chapter 11-2: 4 A county shall provide to each township supervisor who has an oath filed in the 5 An applicant seeking a office of the county auditor, pursuant to § 8-4-3, written notice of any application for the 6 conditional use permit from a county of real property or any appeal filed pursuant to this chapter, for a proposed use 6 that is anticipated to substantially increase property 7 located in the burden on existing public infrastructure or 7 rights-of-way within the county shall send notice, by certified mail, to township, at least ten days before the board of adjustment or other 8 approving authority, at least forty-five days before submitting the permit application. 9 Within thirty days of receiving the notice, the authority shall schedule holds a public 10 hearing to determine whether a haul road agreement on the application or other conditions are necessary 11 for the applicant's proposed use of the infrastructure or rights-of-way. 12 Within fourteen days after the hearing, the authority shall provide a written 13 decision to the applicant stating whether the applicant must enter into a haul road 14 agreement or satisfy other conditions prior to the granting of a permit under this chapter. 15 For purposes of this section, "haul road agreement" means a contract between a 16 contractor or developer and the governing body of a political subdivision which designates 17 specific public roads within the jurisdiction of the political subdivision for use by the 18 contractor or developer in transporting heavy materials to and from a construction or 19 industrial site. 20 Section 2. That a NEW SECTION be added to chapter 11-4: 21 An applicant seeking a conditional use permit from a municipality for a proposed 22 use that is anticipated to substantially increase the burden on existing public infrastructure 23 or rights-of-way within the municipality must send notice, by certified mail, to the 24 approving authority at least forty-five days before submitting the permit application. 25 26.919.9 2 237 Underscores indicate new language. Overstrikes indicate deleted language. Within thirty days of receiving the notice, the authority shall schedule a public 1 hearing to determine whether a haul road agreement, as defined in section 1 of this Act, 2 or other conditions are necessary for the applicant's proposed use of the infrastructure or 3 rights-of-way. 4 Within fourteen days after the hearing, the authority shall provide a written 5 decision to the applicant stating whether the applicant must enter into a haul road 6 agreement or satisfy other conditions prior to the granting of a permit under this chapter. 7 appeal. 9

26.919.10 26.919.11 101st Legislative Session 237 2026 South Dakota Legislature Senate Bill 237 SENATE LOCAL GOVERNMENT ENGROSSED This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor. Introduced by: Senator Davis Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to require that counties provide written notice to township supervisors of 1 conditional use applications and appeals. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 11-2: 4 A county shall provide to each township supervisor who has an oath filed in the 5 office of the county auditor, pursuant to § 8-4-3, written notice of any application for the 6 conditional use of real property or any appeal filed pursuant to this chapter, for property 7 located in the township, at least ten days before the board of adjustment or other 8 approving authority holds a public hearing on the application or appeal. 9 26.919.11 2 237 SB237 ENROLLED An Act to require that counties provide written notice to township supervisors of conditional use applications and appeals. I certify that the attached Act originated in the: Senate as Bill No. 237 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 237 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State