Section 49-41B-12 - Deposit required--Disposition--Minimum and maximum fees--Environmental impactfee. - South Dakota Statutes

49-41B-12. Deposit required--Disposition--Minimum and maximum fees--Environmental impact fee. At the time of filing an application as required in § 49-41B-11 or as subsequently required by the commission, an applicant shall deposit with the commission an initial amount to be determined by the commission based upon the estimated cost of investigating, reviewing, processing, and serving notice of an application. The amount shall be deposited with the state treasurer and credited to a subfund within the designated revenue fund and shall be disbursed on vouchers approved by the commission for the actual cost of investigating, reviewing, processing, and serving notice of the application. The maximum fee chargeable may not exceed one-quarter of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility. However, the minimum total fee chargeable may not be less than eight thousand dollars.
If the commission determines that an environmental impact statement should be prepared as provided under chapter 34A-9 before taking final action on an application under this chapter, the maximum fee chargeable above may be increased to an amount not to exceed one-half of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility. However, the provisions of this paragraph do not apply in cases in which a detailed environment impact study has been completed pursuant to the requirements of the National Environmental Policy Act of 1969 as amended to January 1, 2009, and implementing regulations thereto if such a statement is available to the commission at least thirty days prior to the time the commission is required to render a decision under § 49-41B-24 or 49-41B-25. The provisions of this section apply to all pending permit applications and future permit applications before the commission.

Source: SL 1977, ch 390, § 6; SL 1981, ch 344; SL 2009, ch 245, § 1.