Deuel County board proposes 2,000-foot setback for high-voltage transmission lines, schedules joint public hearing

CLEAR LAKE, S.D. — The Deuel County Planning and Zoning Board voted Jan. 12 to pursue an amendment to the county zoning ordinance that would require a 2,000-foot setback for transmission lines with voltage greater than 345 kilovolts from any inhabited residence and to hold a joint public hearing with the Deuel County Commissioners on the proposal.

Zoning Officer Jodi Theisen told the board that county code currently lacks specific setback rules for large transmission lines in the Agricultural District and that the South Dakota Public Utilities Commission can preempt county zoning under SDCL § 49-41B-28. Theisen said she had reviewed other counties’ ordinances and suggested a 500-foot setback with an owner waiver as one option, noting utilities and statutes can limit local control.

Board member Jay Grabow proposed a stricter standard, arguing that lines over 345 kV, or support structures taller than 100 feet or with very large bases, should be set back 2,000 feet from inhabited residences. After extended public comment — during which residents raised concerns about noise, visual impacts, health, property values and the potential for eminent domain — the board approved a motion by Grabow, seconded by Mike Lammers, to amend the ordinance to include the 2,000-foot setback. The motion carried with all members voting in favor.

Residents at the meeting urged broader protections. Mary Nosbush, speaking for Steve January, recommended a 2,000-foot setback from residences. Shelia Monnier of Brandt said she had gathered signatures from residents near the proposed Toronto power plant and asked for a two-mile buffer for power plants, peaking plants and similar energy facilities; she said about 18 occupied dwellings lie within two miles of the proposed site, and that roughly a dozen children could be affected.

Several commenters asked for environmental and economic studies, better noise monitoring and a temporary moratorium on new projects until ordinances are updated. States Attorney Craig Evenson told the board eminent domain questions would be addressed at the PUC level if projects reached that stage.

The board directed staff to publish public notice and schedule the earliest joint hearing with the commissioners for Feb. 3, 2026, at the Clear Lake Community Center, where the utility, Power on the Midwest, is expected to present. Theisen said the hearing will follow legal notice requirements and that the proposed ordinance language will be posted for public review.

The board did not adopt a final ordinance at the Jan. 12 meeting; it approved the motion to move forward with the amendment process and the joint public hearing. The board encouraged residents to attend the Feb. 3 meeting to present routes, concerns and written comments.

What’s next: A joint public hearing with the Deuel County Commissioners is scheduled for Feb. 3, 2026, to consider the ordinance amendment and gather public testimony.