34A-10-10. Affirmative defense of no reasonable alternative–Burden of proof and weight of evidence.
The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant’s conduct and that such conduct is consistent with the promotion of the public health, safety, and welfare in light of the state’s paramount concern for the protection of its natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the principles of burden of proof and weight of the evidence generally applicable in civil actions in the circuit courts shall apply to actions brought under this chapter.
Source: SL 1973, ch 144, §4 (1); SDCL Supp, §21-10A-10.