South Dakota § 49-41B-28 - Supersession of local land use controls--Exception.
Full text of South Dakota South Dakota Codified Laws § 49-41B-28 — Supersession of local land use controls--Exception., with citation guidance and answers to common questions.
§ 49-41B-28. Supersession of local land use controls--Exception.
A permit for the construction of a transmission facility within a designated area may supersede or preempt any county or municipal land use, zoning, or building rules, regulations, or ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or ordinances, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost, or economics, or needs of parties where located in or out of the county or municipality. Without such a finding by the commission, no route shall be designated which violates local land-use zoning, or building rules, or regulations, or ordinances.
Source: SL 1977, ch 390, § 31; SL 2024, ch 189, § 6, rejected Nov. 5, 2024.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 49-41B-28
What does South Dakota Codified Laws § 49-41B-28 cover?
Section 49-41B-28 ("Supersession of local land use controls--Exception.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 49-41B-28?
A common citation format is "South Dakota Codified Laws § 49-41B-28" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 49-41B-28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.