RAPID/BulkTransmission/South Dakota/Land Access
South Dakota Bulk Transmission Land Access(3-SD)
In South Dakota, a transmission developer may need a State Land Right-of-Way from the South Dakota Department of School and Public Lands for projects proposed to cross any school or public lands. 49 S.D. § 32-1; 49 S.D. § 7-16. A developer may also need a Utility Permit from the South Dakota Department of Transportation to install, expand, or relocate utility facilities on or near an interstate or non-interstate state highway right-of-way. 70:04 S.D. §§ 05-05.01.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
South Dakota Federal
|State Land Right-of-Way:||Any person may need a State Land Right-of-Way Certificate to construct, operate, or maintain electric facilities, including electric transmission line, on school and public lands. S.D. Stat. Ann. §49-7-22. A utility may also need a Utility Crossing License before constructing electric transmission lines over railroad rights-of-way. S.D. Stat. Ann. §49-16A-100.|
|State Land Right-of-Way Agency:||South Dakota Department of School and Public Lands, South Dakota Public Utilities Commission|
|State Highway Right-of-Way:||Private and public utilities may need a Utility Permit to install, relocate, or expand a utility facility on a non-interstate highway right-of-way. S.D. Stat. Ann. §70:04:05:14. Typically, utility facilities are not permitted on interstate highway rights-of-way. S.D. Stat. Ann. §70:04:05.01:01.|
|State Highway Right-of-Way Agency:||South Dakota Department of Transportation|
|Eminent Domain:||Utilities that have obtained a permit from the South Dakota Public Utilities Commission may exercise the power of eminent domain for the construction of transmission lines. S.D. Stat. Ann. §21-35-1.1. A utility is defined as “any person engaged in and controlling the generation or transmission of electric energy and gas or liquid transmission facilities” S.D. Stat. Ann. §49-41B-2.|
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