OFFICE OF BEADLECOUNTYSTATE’S ATTORNEY

450 Third Street SW, Suite 108

Huron, SD 57350

Phone: 605-353-8430

FAX: 605-353-8434

Email:

MEMO

TO: Beadle County Commission, Planning Board and Residents

FROM: Michael R. Moore, State’s Attorney

RE: Ordinances

DATE:December 8, 2016

A draft of the proposed Beadle County Zoning Ordinance is now complete. Remember this is only a draft based on input received during the numerous meetings held before the Planning Board. The following areas should be discussed further:

  1. Minimum lot size in agriculture district. It is currently set at 5 acres but discussion was held to increase that to 10, 20 or 40.
  1. Who should be the Board of Adjustment? In the current draft the Beadle County Commission is the Board of Adjustment with 2 alternates.
  1. In the current draft the Planning Board will no longer have any role in conditional use permits or variance applications outside the joint jurisdictional area.
  1. Procedures for hearing conditional use and variance applications has been revised see Title 10. There will be one public hearing before the Board of Adjustment, the Board of Adjustment would then have 30 days to decide the matter.
  1. CAFO is now Title 2 Article 2:
  1. Animal Units are defined within the Definitions Title 1 Article 10
  1. Class of CAFOs are A, B and C; Only A and B need a conditional use permit, C can be built and operated with a building permit as long as they met the setbacks.
  1. Setbacks and Class Size are set out in the tables in Title 2 Article 2 (these numbers need further discussion).
  1. Graduated setbacks are at the discretion of the Board of Adjustment after a Class A CAFO is 20% larger than the minimum number (4200 Animal Units). There are no mandatory graduations in this draft.
  1. Lake, Stream, well and Fishery setbacks are based on impact studies as there is no mandatory setback.
  1. All current operators of a Class A CAFO within Beadle County must file a document with the County on or before December 31, 2017, indicating number of animal units currently operating with. (Form to be drafted at later date). See Title 2 Article 2.
  1. In Rural Municipalities (Title 4) before a building permit can be issued the municipality must have been informed, municipality is given authority to issue a building permit in addition to the county (See Title 10).
  1. In Rural Municipalities (Title 4) before a conditional use permit or variance can be granted the municipality must have notice and give input (See Title 10).

I am sure other issues will arise during the adoption process. As stated this is only a draft and is not the official proposed ordinances for Beadle County. A final draft of the official proposed ordinances will be available near the end of December with the updated maps (which are currently not available).

The process will be the following:

  1. Informational Meeting: December 13, 2016 1:00pm to 3:00pm (Courthouse)
  2. Final Draft Completed: On or before December 30, 2016
  3. Planning Board Hearing: January 11, 2017 7pm (Courthouse)
  4. 1st County Commission Hearing: February 7, 2017 (Courthouse)
  5. 2nd County Commission Hearing; February 28, 2017 (Courthouse)
  6. Effective Date: March 31, 2017.