Skip to main content

PowerOn Midwest

PowerOn Midwest

Regulatory process

A Comprehensive Process

South Dakota follows specific siting and review laws, and includes opportunities for public involvement and input. The rules governing large energy projects considers potential impacts on the environment, respect residents in the routing area, and support orderly infrastructure development in the state.

South Dakota regulatory process

PowerOn Midwest requires a Facility Permit from the South Dakota Public Utilities Commission (SD PUC) and a Conditional Use Permit from the counties where the project is located.

The primary approval is a Facility Permit that must be obtained before a transmission line can be built. The SD PUC reviews routing applications for high-voltage transmission lines, and if approved, issues an order granting a Facility Permit that authorizes construction and operation of the facility (transmission line).

  • Public open house
  • Facility Permit application
  • Notice to landowners
  • Public input hearing
  • County Conditional Use Permits
  • SD PUC decision
input opportunity iconStep 1: Public open house

Prior to filing the Facility Permit application, we will host public open houses to give landowners the opportunity to learn about the project and provide initial feedback. We'll notify landowners near the project study area when the open houses are scheduled.

Step 2: Facility Permit application

We submitted a Facility Permit application on September 4, 2026. The SD PUC will review the application and may deny, return or amend the application. If the application is denied or returned, changes can be made to the application and resubmitted. View the permit application.

Step 3: Notice to landowners

Within 30 days after the application has been filed, landowners located within one-half mile of the proposed site will be notified by certified mail about the project including the date, time and location of a public input hearing.

input opportunity iconStep 4: Public input hearing

The SD PUC will schedule a public input hearing within 30 days after the application is submitted. The SD PUC will publish the hearing date, time, and location three times in at least one newspaper in each county where the project may be located.

input opportunity iconStep 5: Conditional Use Permits

We will apply for a Conditional Use Permit (CUP) in each county where the transmission line may be located. A CUP from each county must be obtained before the transmission line can be constructed.

Step 6: SD PUC decision

The SD PUC will issue its decision on the Facility Permit within 12 months of the application filing.

All high-voltage transmission proposals like PowerOn Midwest - South Dakota must receive county level approvals in addition to the state regulatory review process overseen by the South Dakota Public Utilities Commission (SD PUC).

The project will apply for a Conditional Use Permit (CUP) in each county where the transmission line may be located. A CUP from each county's Board of Adjustment (Board) must be obtained before the transmission line can be constructed.

Some additional permits and approvals may include:

  • Road use agreements from the County and affected townships
  • Right-of-way (ROW) occupancy approvals
  • Haul road/oversized load permits
  • Building permits
  • Floodplain development permit

Depending on the county, the Board of Adjustment, Board, or Planning Commission will receive the application, and then within 30 days host a public hearing to present findings on the matter. The Planning and Zoning offices will assist with the decision.

The process to obtain a CUP generally takes approximately three months. A CUP expires after one year, though extensions can be requested.