RAPID/BulkTransmission/South Dakota/Land Access

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RAPIDRegulatory and Permitting Information Desktop Toolkit

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

Right of Way Agency: South Dakota Department of School and Public Lands
State Land Right of Way Process:  A developer of an “electrical facility” must obtain a state land easement/right-of-way certificate for projects proposed across any school or public lands from the South Dakota Department of School and Public Lands. 49 S.D. § 32-1, 49 S.D. § 7-16.
State Highway Right of Way Agency: South Dakota Department of Transportation
State Highway Right of Way Process: A developer must obtain a Utility Permit from the South Dakota Department of Transportation to install, relocate, or expand utility facilities on or near an interstate or non-interstate highway right-of-way.  70:04 S.D. §§ 05-05.01.
Eminent Domain: A utility constructing a transmission line that has obtained an Energy Facility Permit is entitled to the power of eminent domain. S.D. § 21-35-1.1.

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