Republican Senators are advancing a bill brought by Governor Kristi Noem that she says streamlines the county zoning and appeal process.
Critics say it’s an assault on local control.
The bill targets the before, during and after of a conditional use permit process. Those permits are needed for windfarms and hog barns.
Governor Noem testified on Senate Bill 54, in which she called the conditional use permit process broken. She says her bill will fix the process and spur development in rural communities and keep young people in the state.
The bill clarifies the role of special use permitting, a process set up for counties in 2015. It also impacts the appeal process for approved permits.
The bill also creates an across the board simple majority of members present requirement for all counties. Some counties utilize a 2/3 majority of member elected.
Brian Donahoe is a lawyer from Sioux Falls and lobbyist for South Dakota Pork Producers Council. He says the issue of simple majority shouldn’t be that controversial.
“When we allow for the authority to zone, why should it be that much more difficult for someone to obtain approval of an application? Whereas, in a simple majority situation with the South Dakota Supreme Court, it only takes three out of the five to get that particular decision made,” Donahoe says.
However, reducing that threshold doesn’t sit right with some.
Frank Kloucek is a farmer from Scotland, and a former Democratic state lawmaker. He says 2/3 majority is an extra valve of protection that prevents county commissioners from ducking out on controversial votes.
“They’re trying to usurp local control with this legislation,” Kloucek says. “This is horrible legislation that goes against everything that we believe in in South Dakota with local control. I just can’t believe the governor really wants to pursue this avenue”
The Senate State Affairs committee is passing along the bill to the Senate floor on a 6 to 3 vote.