An Act to limit nuisances caused by data centers.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 21-10:

Terms used in sections 1 to 4, inclusive, of this Act mean:

(1) "Data center," a centralized repository for the dissemination, management, processing, and storage of electronic data and information, including:

(a) Application, cloud, or web hosting;

(b) Cloud computing;

(c) Colocation services;

(d) Cryptocurrency mining;

(e) Media streaming support;

(f) Platform as a service;

(g) Software as a service; and

(h) Any other comparable digital service.; and

(2) "Residential area," any area designated or zoned for residential use pursuant to local law or zoning ordinance.

Section 2. That a NEW SECTION be added to chapter 21-10:

Effective July 1, 2026, a facility housing a data center may not be established within one mile of any residential area, but a county, municipality, or township may adopt more restrictive data center siting requirements.

Section 3. That a NEW SECTION be added to chapter 21-10:

A data center may not exceed a continuous noise level of forty-five decibels, measured according to federal or local environmental standards, at the nearest property line of a residential area.

Section 4. That a NEW SECTION be added to chapter 21-10:

A data center in violation of section 2 or 3 of this Act is declared a nuisance. The state's attorney or any affected citizen may maintain an action against the operator of the data center, and against the owner of the building in which or ground upon which the nuisance exists, to enjoin the nuisance.