A Shift in Process, Not Purpose

August 2025 | Eric Jennings, Lawrence County Commissioner Opinion Editorial, Black Hills Pioneer

It’s easy to fall into routines. We do things the way they have always been done without considering if there are ways to make the job easier or more efficient. Then someone comes along and watches you do it and shows you a better way. The South Dakota Legislature recognized some time ago that there was a better way for counties to act on Conditional Use Permits (CUP) and they authorized the use of Boards of Adjustment (BOA) to review and determine applications for CUPs. 

Lawrence County has had that authority to delegate the CUP review process to the BOA for years but didn’t exercise that authority and continued to have the County Commission review CUP applications. As is so often the case, we continued to do things the way they had always been done without realizing there was a better way. When a gravel pit west of Spearfish applied for a CUP, it brought a lot of scrutiny to that process. Following a referendum vote that ultimately voted down the project, the Commission, attorneys, and planning officials took a hard look at the way the current CUP process worked and the applicable laws. After extensive discussion, county leaders came to the decision that the BOA, not the county commission should have been handling CUPs all along. On May 14, 2024, the Lawrence County Commission passed ordinance 2024-04 to give the BOA the authority to review and decide applications for CUPs moving forward. 

Lawrence County appoints the County commissioners to serve as the BOA, a common practice in counties across the state. Most county residents have never heard of the BOA, and understandably so because their main role has been to review variance requests for zoning districts. An example of a common BOA action is when a property owner seeks a variance to build within the setback zone of a lot line. If you have never requested a variance, you have probably have not had to work with the BOA. The BOA evaluating decisions that impact zoning is not new, but in Lawrence County, what is new is the BOA now acting on CUPs too.

The timing of this change appears to some to have been made in reaction to the gravel pit issue, but in reality, the gravel pit issue simply precipitated the review of the CUP process and whether that process was the best for Lawrence County. Whether acting as the County Commission or the BOA, we will continue to make decisions in the county’s best interest. Not everyone will agree with every decision, but disagreement with the outcome doesn’t mean the process is flawed.