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Deuel County schedules first reading of transmission-line setback amendment
Summary
Zoning Officer Jodi Theisen read proposed amendments to Ordinance B2022-01 requiring a 2,000-foot setback for transmission lines over 345 kV from inhabited residences; the board moved to add clarifying language on measurement origin, an inhabited-residence definition and waiver mechanics and scheduled a first reading for April 7.
Zoning Officer Jodi Theisen read proposed amendments on March 3 to Article XII of Ordinance B2022-01 (B2022-01-11) that would require transmission lines with voltage greater than 345 kV to have a 2,000-foot setback from any inhabited residence in all zoning districts.
The amendment text, as read into the record, defines the setback and allows the Board of Adjustment to permit a reduction or waiver if the applicant obtains written consent from the owner(s) of an inhabited residence within the required setback. The draft language also says essential services must meet or exceed applicable state and federal requirements.
Commissioner Steve Rhody and others raised technical questions after utility companies submitted comments. The board approved clarifying additions to the ordinance language—specifically: defining where the 2,000-foot setback is measured from (Rhody proposed from the house to the tower base); defining "inhabited residence" as a dwelling occupied before the developer's permit or CUP submission to the South Dakota Public Utilities Commission or the county; and adding a waiver standard tied to a 125% tower measure for waiver landowners. The board set an amended first reading for April 7 at 9:45 AM.
The proposed amendment will proceed through the county's public hearing and publication requirements before final action.
