49-41B-22. Applicant's burden of proof.
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/sd/title-49/chapter-49-41/49-41b-22A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The applicant has the burden of proof to establish by a preponderance of the evidence 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. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is determined not to threaten 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. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is in compliance with this subdivision.