Section 49-41B-22 - Applicant's burden of proof. - South-dakota Statutes

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Statutes > South-dakota > Title-49 > Chapter-41b > Statute-49-41b-22

49-41B-22. Applicant's burden of proof. The applicant has the burden of proof to establish that:
(1) The proposed facility will comply with all applicable laws and rules;
(2) The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area;
(3) The facility will not substantially impair the health, safety or welfare of the inhabitants; and
(4) The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government.

Source: SL 1977, ch 390, § 17; SL 1981, ch 340, § 3; SL 1991, ch 386, § 6.

State Codes and Statutes

Statutes > South-dakota > Title-49 > Chapter-41b > Statute-49-41b-22

49-41B-22. Applicant's burden of proof. The applicant has the burden of proof to establish that:
(1) The proposed facility will comply with all applicable laws and rules;
(2) The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area;
(3) The facility will not substantially impair the health, safety or welfare of the inhabitants; and
(4) The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government.

Source: SL 1977, ch 390, § 17; SL 1981, ch 340, § 3; SL 1991, ch 386, § 6.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-49 > Chapter-41b > Statute-49-41b-22

49-41B-22. Applicant's burden of proof. The applicant has the burden of proof to establish that:
(1) The proposed facility will comply with all applicable laws and rules;
(2) The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area;
(3) The facility will not substantially impair the health, safety or welfare of the inhabitants; and
(4) The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government.

Source: SL 1977, ch 390, § 17; SL 1981, ch 340, § 3; SL 1991, ch 386, § 6.