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Legislative Update 2.7.2025 - By Todd Kays
Greetings,
By now you may have noticed that there has been little activity regarding legislation pertaining to zoning (YEAH). That is until yesterday when HB 1261 was dropped. A few weeks ago, we were contacted by Rep. Drew Peterson about a concept bill related primarily to land uses that often are required to obtain a haul road agreement as a condition to a CUP. After reviewing the concept, Luke and I assisted in the development of language that would be the least cumbersome from an administrative standpoint and still meet the intent of Rep. Peterson. 1261 is the result.
To begin, Luke and I are much in the agreement that counties do not need this legislation to continue having the ability to issue conditions to a CUP that have “rational nexus”. However, in our opinion it does reaffirm and establish that authority via enabling legislation. The legislation also allows for a county to permit the usage of township right of way for the temporary use of things such as manure draglines, which currently is not allowed for within State Law.
This language is completely permissive. It does not change anything regarding the way a county currently conducts its affairs. A county would have to establish a new or amend and existing ordinance “opting” into this new authority over public right of ways associated with a permit for a land use issued by the county or for those counties without zoning this authority can be established over non -county affected road right of ways.
From an administrative standpoint, if adopted, it requires 2 forms of notice to an affected township. One prior to a formal application being submitted and the other 10 days prior to the decision or public hearing. Again, this only applies to those counties who choose to exercise this authority by establishing an ordinance (completely permissive language).
The language does not provide townships with any additional “zoning” authority. However ,it does guarantee more transparency and input from those affected townships, which currently are not entitled to any additional notice than what is outlined in current statute for all citizens. This language was intentionally included as a way to address the Township’s legislation in last year’s SB 189.
Since all that anyone in Pierre wants to talk about this year is CO2 pipelines, it should be noted that this legislation purposely includes the term “intra county” to avoid the being a backdoor to grease an interstate CO2 pipeline project.
Below you will find talking points developed by Luke and myself regarding what, in our opinion, the bill does and does not do.
Currently the SD County Commissioner Executive Committee and several AG groups have endorsed the bill.
Link to the bill: https://sdlegislature.gov/Session/Bill/26069
House Bill 1261
Intent: Allows counties to establish a transparent, open process to determine the minimum construction, maintenance, and use requirements for public right-of-way (ROW) associated with a county approved land use permit subject to required advance notification of impacted local governments such as townships or municipalities.
What does this legislation do?
What does this legislation not do?
Todd A. Kays
Executive Director
418 18th Ave NE, Watertown, SD 57201
First District Association of Local Governments
Phone: 605-882-5115