The South Dakota Supreme Court rules against a conservation group in a case pitting state law against local ordinances.
In 2020, Custer County applied for a permit to discharge treated wastewater into French Creek in a new upgraded facility. The Department of Agriculture and Natural Resources approved the permit.
Preserve French Creek, a group unhappy with the discharge plan, backed a county ordinance that was approved by voters in 2023 declaring the discharge of treated water into French Creek was a nuisance.
The group argued the county had to stop construction due to the ordinance. Custer County claimed the ordinance was unenforceable because it conflicted with state law.
A lower court sided with the county saying nothing under a statute can be deemed a nuisance.
The Supreme Court affirmed that decision.
