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Gov. Noem signs bill into law that streamlines permitting process for housing projects

Gov. Kristi Noem signed a bill Friday that streamlines municipal housing project permitting.

House Bill 1094 added a section to South Dakota Codified Law on special permitted uses.

“Any land use that meets the specified criteria for certification under any municipal zoning ordinance shall be considered a special permitted use,” the section reads. “A special permitted use is not subject to any public hearing or other requirements for review and approval of conditional uses.”

City communications coordinator Darrell Shoemaker said the city planning staff and legal department have been monitoring the legislation, but don't anticipate any major changes in current planning policies, process or zoning codes with the new law.

“Generally, our planning department is in favor of the special permit use provisions in the new law,” he said in an email to the Journal. “There’s not much contained in the new law that our planning department and policies don’t already provide.”

Shoemaker said the new law sets approval at a simple majority while some jurisdictions require a two-thirds majority. The city’s planning commission approves measures with a simple majority, so the new law will have no impact.

“If an applicant meets the requirements, conditions and criteria, it would be a permitted use,” he said. “If not, then it would follow our conditional use permit process.”

— Contact Siandhara Bonnet at

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