Rural Lobbyist: Farmers Union stands for individual rights by standing against HB 1180.

 This past Thursday the House Local Government committee heard testimony and took action on House Bill 1140. This bill attempts to modify legislation on planning and zoning that was passed in 2015. If you recall that bill was House Bill 1201 last year. Both bills are an attempt to encourage CAFO development in South Dakota. While SDFU firmly supports agricultural development, CAFOs included, in South Dakota, it did not support HB 1201 in 2015 and does not support HB 1140 now. Both bills attempt to take shortcuts at the cost of landowners and local control in order to reach their objective. Proponents argue that the bill increases local control, yet SDFU argues it actually does the opposite. HB 1140 takes authority/control away from landowners and consolidates it in the county planning and zoning commission. Local control should always favor the smaller entity over the larger one. For example: the federal government giving authority to state governments, state government giving authority to county government, and county government giving authority to county landowners/voters. HB 1140 does three things in particular that should have voters concerned.

1. Consolidates all appeals into one singular appeal.

This means that the individual loses his/her right to an individual appeal. If multiple people have multiple appeals on multiple grounds they will all be heard as one singular appeal.

1. Planning and zoning boards will be able to make “minor” amendments to proposed planning and zoning ordinances.

The term “minor” has yet to be clearly defined, but members of the planning and zoning board will be able to amend proposed planning and zoning ordinances.

1. Any individual looking to appeal will have to pay a $250 bond.

South Dakotans will have to “pay to play” under HB 1140. In order to even have their voice heard they will need to pay $250. Under HB1140 the burden is placed on the landowner instead of the entity filling for the zoning permit. That is not local control. HB 1140 is a bad bill disguised by good intentions. Agricultural development should be a priority in South Dakota, but not at the cost of landowners and local communities. Passage of HB 1140 opens the door for bad actors, risking the reputation of South Dakota’s agricultural community. There are good CAFO operations in South Dakota run by good people. Yet as the saying goes, one drop of black paint can ruin a gallon of white. Let’s not make it easier for bad actors to grow roots in South Dakota. Join us in taking a stand for individual rights and standing against HB 1140.

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Last Modified: 02/12/2016 5:23:18 pm MST