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HB1198 • 2026

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

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

Housing Land
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Sjaarda
Last action
2026-02-12
Official status
Do Pass
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

  • require that certain facilities obtain conditional use permits from adjacent political subdivisions.
  • Official keyword topics: Administrative Procedure Counties Data Centers Municipal Government Planning, Zoning and Housing Programs Official sponsor note: Representative <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4820/Detail">Sjaarda</a> (prime)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-12 House of Representatives

    Do Pass

  2. 2026-02-11 House Commerce and Energy

    Do Pass

  3. 2026-02-11 House Commerce and Energy

    Scheduled for hearing

  4. 2026-02-02 House of Representatives

    Referred to House Commerce and Energy

  5. 2026-01-29 House of Representatives

    First Reading House

Official Summary Text

require that certain facilities obtain conditional use permits from adjacent political subdivisions.
Official keyword topics:
Administrative Procedure
Counties
Data Centers
Municipal Government
Planning, Zoning and Housing Programs
Official sponsor note: Representative <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4820/Detail">Sjaarda</a> (prime)

Current Bill Text

Read the full stored bill text 
26.863.15 101st Legislative Session 1198

2026 South Dakota Legislature
House Bill 1198

Introduced by: Representative Sjaarda

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to require that certain facilities obtain conditional use permits from adjacent 1
political subdivisions. 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
The operator of a proposed high energy use facility must apply for a conditional 5
use permit from a county adjacent to the political subdivision in which the facility is located 6
if: 7
(1) The facility is located within one mile of the boundary of the adjacent county; and 8
(2) The adjacent county has adopted zoning ordinances or a special zoning area. 9
For purposes of this section, "high energy use facility" means one or more buildings 10
located on a single parcel, or multiple contiguous parcels, with an anticipated combined 11
utility demand plus facility generated power of twenty megawatts or more of average 12
electrical power. 13
Section 2. That a NEW SECTION be added to chapter 11-4: 14
The operator of a proposed high energy use facility, as defined in section 1 of this 15
Act, must apply for a conditional use permit from a municipality adjacent to the political 16
subdivision in which the facility is located if: 17
(1) The facility is located within one mile of the boundary of the adjacent municipality; 18
and 19
(2) The adjacent municipality has adopted zoning ordinances. 20