PIERRE, S.D. — Gov. Kristi Noem’s zoning bill that streamlines the conditional use permitting process passed through the South Dakota Senate on a 24-11 vote.
The Senate voted on Senate Bill 157 during session on Friday, Feb. 21.
SB 157 would revise state laws governing conditional use permits to give the process a more predictable timeline, Noem has previously stated.
Only a “person aggrieved” would be able to challenge a zoning decision by a county board of adjustment. That person would need to be someone who is directly interested in the outcome of and aggrieved by the decision of action or failure to act.
The bill would allow the approval of a conditional use permit upon a majority vote of a county board of adjustment.
Under current law, county boards of adjustment can approve a conditional use permit if a certain percentage vote in favor of approving the permit.
No public notice is required for special use permits through a county board of adjustment. The board can approve or disapprove the certification, while only considering if the specified special use criteria are met.
The bill also states that special use permits, conditional use permits and variances would be valid for two years after the completion of appeals.
Sen. Joshua Klumb, R-Mount Vernon, spoke in favor of the bill.
“It’s not about CAFOs, it's about local ordinances that counties have enacted,” Klumb said. “The counties right now can pass whatever setbacks they want. This bill doesn’t affect that.”
I think this bill is a step in the right direction
Sen. Troy Heinert, D-Mission, spoke in opposition to the bill, saying that if counties can put any kind of zoning restrictions in place that they want, he questioned the need for SB 157.
“I have a county in my district that is extremely red, they don’t even have any zoning ordinances. And if they ever get to the point where they need it they’ll decide what that looks like. They don’t need you in Pierre deciding what that looks like,” Heinert said.
The bill will now head to the House for consideration.