Policy and licensing / South Dakota
South Dakota energy facility construction permit
South Dakota requires a Public Utilities Commission permit before a utility begins construction of a covered facility on or after 1 July 1979. The opened definition is a generation threshold of one hundred megawatts and does not say nuclear. The latest source line is 1983, with no day.
- Category
- Laws, rules and executive directives
- Status
- In effect
- Instrument
- statute · S.D. Codified Laws § 49-41B-4
- Issued by
- South Dakota Legislature
- Jurisdiction
- South Dakota
- Affects
- Siting
- Effective date
- Not recorded
- Expiry or completion
- None recorded
- Operative text
- South Dakota Codified Laws section 49-41B-4 (Legislature API text opened 4 October 2026)
- Last checked · next review
- 2026-10-04 · 2027-04-15
Legal and geographic scope
No utility may begin construction of a facility in the state on or after 1 July 1979 without a Public Utilities Commission permit. A water-transport associated facility does not need that permit if the water management board has issued a water-appropriation permit. The source line runs through session law 1983, chapter 349. The opened facility definition covers generation of one hundred megawatts or more and does not use the word nuclear.
Not approved or still pending
The section does not issue a permit and does not name nuclear energy. The 1 July 1979 date stays in the construction sentence. The statute-browser page was a loading shell and was not used. No adopted siting rule text was opened. No project is linked.
Dated lifecycle
- 1983 · actual · year · Amended — The source line prints SL 1977, ch 390, § 4 and SL 1983, ch 349. It does not print a day. The 1 July 1979 date is the construction threshold in the section, not a stored effective date. (South Dakota Codified Laws section 49-41B-4)
Projects or designs named by the source
- None. Location in this jurisdiction does not make a project eligible for, or approved under, this measure.
Sources
- South Dakota Codified Laws section 49-41B-4 (government_primary, accessed 2026-10-04)
- South Dakota Codified Laws section 49-41B-2 (government_primary, accessed 2026-10-04)