RAPID/BulkTransmission/South Dakota/Land Access

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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.

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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.