§ 34a-10-8

34A-10-8. Detrimental conduct prohibited when reasonable alternative available.In any administrative, licensing, or other proceedings, as described in §34A-10-2, and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determined. No conduct may be authorized or approved which does, or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in the resources, if 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; SL 2011, ch 165, §144.