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26.756.9 101st Legislative Session 1159
2026 South Dakota Legislature
House Bill 1159
Introduced by: Representative Goodwin
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Overstrikes indicate deleted language.
An Act to impose a moratorium on industrial dairy operations. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. Notwithstanding any other provision of law, a moratorium is imposed 3
on any new or expanding industrial dairy operation that is permitted as a concentrated 4
animal feeding operation under chapter 34A-2 and granted a conditional use permit by 5
any county in this state, if the number of animal units at the new or expanding operation 6
is to exceed seven thousand four hundred ninety-nine dairy cows. 7
Currently permitted and operating dairy operations may continue to operate at the 8
scale identified in any permit approved prior to July 1, 2026. 9
The purpose of the moratorium is to: 10
(1) Allow the Department of Agriculture and Natural Resources to undertake an 11
interdisciplinary process of data collection, review, consideration, and analysis of 12
the potential economic and environmental impacts of industrial dairy operations in 13
this state, and to make results available to the public; and 14
(2) Allow county governments time to update comprehensive land use plans and 15
ordinances to match the scale of industrial dairy operations by: 16
(a) Requiring road agreements between townships and industrial dairy 17
operations as part of conditional use permit approvals; and 18
(b) Implementing incremental, increasing setbacks proportional to the size of 19
an industrial dairy operation; and 20
(3) Allow the Department of Agriculture and Natural Resources to determine whether 21
it has adequate resources to determine the impact of industrial dairy operations on 22
the watersheds of this state. 23
For purposes of this section, "industrial dairy operation" means a dairy with more 24
than seven thousand four hundred ninety-nine head of dairy cows. 25
The moratorium is in effect through June 30, 2028. 26
26.756.9 2 1159
Underscores indicate new language.
Overstrikes indicate deleted language.
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