PIERRE – On Friday the Senate approved Gov. Kristi Noem’s bill that would streamline the process for getting conditional use permits. According to Noem, SB157 is needed to ensure that people investing in large agricultural projects know they’ll face a fair and swift process.
“This grows our economy,” said Sen. Kris Langer, R-Dell Rapids, noting that it would ensure the governor’s assertion that South Dakota is “open for business.”
Sen. Arthur Rusch, R-Vermillion, offered an amendment that removed compensatory damages from the expenses the losers in an appeal that goes to court would have to pay. Those losing an appeal in court would still have to pay for lawyer’s fees and costs.
Joshua Klumb, R-Mount Vernon, said the bill sends a message to counties: “It simply says these are the rules you put in place, now follow these rules.”
Sen. Susan Wismer, D-Britton, said she agreed with many aspects of the bill but was put off by a provision that allowed a decision to be made by a majority of county commission members present.
“It really allows for manipulation of the process,” Wismer said, consequently making her suspicious of the entire bill. Wismer’s amendment calling for the vote to be taken by the members elect, was voted down.
Sen. Troy Heinert, D-Mission, asked senators to check the emails they’ve gotten regarding the legislation. “The ones who want this are coming from one county,” Heinert said.
Heinert said he understood that some producers have faced tough times trying to get their projects approved, but it wasn’t up to him to tell counties how to run their zoning ordinances.
“It’s not my place to tell them what to do,” Heinert said.
Arguments that the legislation hurts local control did not sit well with Sen. Lee Schoenbeck, R-Watertown.
“This bill doesn’t tell them one dang thing they can or can’t do,” said Schoenbeck, who added that his experience in zoning court cases led him to characterize some appeals as “extortion.”
“It’s 100% about harassing people who are following the law,” Schoenbeck said.
With Noem watching from the Senate gallery, Sen. Lance Russell, R-Hot Springs, told his colleagues not to be concerned with the political implications of their vote.
“What are the legal implications of the bill?” Russell asked, noting that he would have to vote against it.
The bill was endorsed by the Senate on a vote of 24-11. It now goes to the House.
