49-41B-25. Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.

Within nine months of receipt of the initial application for a permit for the construction of a wind energy facility or solar energy facility, the commission shall make complete findings, and render a decision, regarding whether a permit should be granted, denied, or granted upon such terms, conditions, or modifications of the construction, operation, or maintenance as the commission determines are appropriate. In the decision, the commission shall find that the construction of the facility meets all requirements of this chapter. Notice of the commission's decision shall be given to the applicant and to parties to the hearing within ten days following the decision.

Source: SL 1977, ch 390, § 19; SL 2005, ch 250, § 3; SL 2015, ch 235, § 3; SL 2019, ch 200, § 9.



SDLRC - Codified Law 49-41B-25 - Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.

49-41B-25.1. Notice to commission of planned construction of certain wind energy projects.

Any person who plans on constructing a wind energy project consisting of wind turbines with a combined nameplate capacity that exceeds five megawatts shall notify the commission four months prior to the planned start of construction of the project. The notification shall be for informational purposes only and shall state the planned location of the project, the number of wind turbines, the nameplate capacity of the wind turbines, the planned method of interconnection, and the estimated construction start date and construction completion date. If the information provided changes, the informational filing shall be updated to reflect the changes.

Source: SL 2009, ch 246, § 1.



SDLRC - Codified Law 49-41B-25 - Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.

49-41B-25.2. Wind energy facility to include aircraft detection lighting system.

For any wind energy facility that receives a permit under this chapter after July 1, 2019, the facility shall be equipped with an aircraft detection lighting system that meets the requirements set forth by the Federal Aviation Administration for obstruction marking and lighting in Chapter 14 of FAA Advisory Circular (AC) 70/7460-1L, "Obstruction Marking and Lighting," dated December 4, 2015. Any cost associated with the installation, operation, or maintenance of a system under this section is solely the responsibility of any owner of the wind energy facility.

Source: SL 2019, ch 201, § 1.