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Staff flags transmission committee meeting; planner warns variance cannot be used to allow prohibited uses
Summary
County staff said two items will appear on the August agenda and reminded commissioners of a July 9 advisory meeting about a proposed 765 kV transmission line; a regional planner cautioned the board that a 2000 South Dakota Supreme Court decision limits granting uses by variance and urged ordinance amendments instead of ad hoc approvals.
Deputy Director Richard Haugen told the commission that two applications were anticipated on the August agenda and that a 765 kV Transmission Line Advisory Committee meeting was scheduled for the evening of July 9, 2026. He urged members to note that advisory meeting date and upcoming agenda items.
Luke Muller, Senior Planner with the First District Association of Local Governments, reviewed a recent denial by the Joint Jurisdiction Board of Adjustment and cited a 2000 South Dakota Supreme Court decision out of Huron to underline a legal principle: allowing a use that is not listed in the zoning ordinance is a legislative action, not a matter for variance. As Muller told the board, "if they want to change things in the ordinance the proper way would be to make amendments to the ordinance." He recommended pursuing ordinance amendments or rezoning to add permitted uses rather than relying on variance requests.
Muller’s guidance was presented as a reminder of the difference between legislative and quasi-judicial functions and was recorded by the board for their consideration; no vote or direction to draft ordinance changes was recorded during the meeting. The advisory transmission-line meeting and future agenda items will appear on upcoming agendas for additional public consideration.
