The South Dakota Supreme Court has ruled that changes to a Lawrence County zoning ordinance were administrative and cannot be put to a public vote.
In a unanimous decision released Thursday, the court upheld a lower court ruling rejecting an effort by the Save Centennial Valley Association to force a referendum. The group opposed a conditional use permit granted for a gravel pit and challenged ordinance amendments that clarified which county body approves such permits.
The court agreed with county officials that the changes did not create new zoning policy, but instead clarified that the county commission, acting as the board of adjustment, was responsible for approving conditional use permits. Because the amendments merely executed existing law, the court ruled they were not legislative actions subject to referendum.
Chief Justice Steven Jensen wrote that conditional use permit decisions apply established standards rather than create new rules, and therefore do not qualify for referral under state law. The ruling also rejects earlier court language suggesting some permit decisions could be referred to voters.
As a result, the association cannot compel Lawrence County to place the ordinance changes on the ballot.
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