Section 34A-10-8 - Detrimental conduct prohibited when reasonable alternative available. - South Dakota Statutes

34A-10-8. Detrimental conduct prohibited when reasonable alternative available. In any such administrative, licensing, or other proceedings, as described in § 34A-10-2, and in any judicial review thereof, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust therein, shall be determined, and no conduct shall be authorized or approved which does, or is likely to have such effect so long as there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.

Source: SL 1973, ch 144, § 6 (2); SDCL Supp, § 21-10A-8.