HB 1198 South Dakota House · 2026 Regular Session

require that certain facilities obtain conditional use permits from adjacent political subdivisions.

HB 1198 requires operators of large energy facilities (20+ megawatts average electrical demand) to seek conditional use permits from adjacent counties or municipalities. This applies only if the facility is within one mile of the adjacent political subdivision's boundary and that subdivision has adopted zoning ordinances. The bill directly affects developers of high-energy projects, such as large solar or wind installations, seeking to build near county or city borders. It adds new permit requirements to South Dakota law without changing existing zoning authority. (3 sentences)
Bill status failed 2 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Failed
Feb 2026
Governor
Introduced Jan 29, 2026 Last action Feb 12, 2026
Floor votes · House Feb 12, 2026

How they voted

2141
Failed · 8 other
Total votes 70
Feb 12, 2026
D Democratic5
5 Nay
100% Nay
R Republican65
21 Yea 36 Nay 8
55% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
2
Feb 12, 2026
Vote failed
House Vote: fail (21-41-8)
house
Feb 11, 2026
Lower · Passed
Commerce and Energy Do Pass , Passed, YEAS 9, NAYS 4
lower
Feb 2, 2026
Committee
Referred to House Commerce and Energy H.J. 194
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of John Sjaarda
John Sjaarda
RRepublican
SD
2