38-22-1.2. Definitions.
Terms used in this chapter mean:
(1)"Agricultural chemical," any material used to control or eradicate weeds or pests;
(2)"Board," any county weed and pest board;
(3)"Board member area," a geographical area within a county from which a member of the board is appointed;
(4)"Commission," the South Dakota Weed and Pest Control Commission;
(5)"Control," the prevention or limiting of the growth, spread, or development of weeds or pests;
(6)"Department," the State Department of Agriculture and Natural Resources;
(7)"Pest," any rodent, bird, other than a game bird or a state or federally protected bird, insect, or nematode which the commission has found to be detrimental to the production of crop or livestock or to the welfare of persons residing within the state. Prairie dogs are included in the definition of a pest if all of the following conditions apply:
(a)Sylvatic plague has been reported in any prairie dog colony east of the Rocky Mountains;
(b)The South Dakota Department of Game, Fish and Parks has determined that the population of prairie dogs within the state, including tribal lands, exceeds the one hundred forty-five thousand acre level;
(c)Prairie dogs are colonizing on lands where the prairie dogs are unwanted by the owner of the impacted land;
(d)Lands adjacent to the impacted owner's land do not have a maintained one-mile buffer zone, or other mutually agreed border, in which prairie dog control is applied; and
(i)The owner of the impacted land has filed a written complaint of encroachment requesting mitigation or abatement with the South Dakota Department of Agriculture and Natural Resources and served a copy upon the owner of adjoining lands from which the prairie dogs are encroaching; or
(ii)The owner of the impacted land has filed a written complaint of the encroachment with the county weed and pest board;
(8)"Pesticide," a substance or mixture of substances for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulatory, defoliant, or desiccant or any substance or mixture of substances intended to be used as a spray adjuvant;
(9)"Secretary," the state secretary of the Department of Agriculture and Natural Resources;
(10)"Supervisor," any person appointed or employed by a board for the purpose of carrying out the provisions of this chapter;
(11)"Weed," any plant which the commission has found to be detrimental to the production of crops or livestock or to the welfare of persons residing within the state.
Source: SL 1983, ch 282, §1; SL 1989, ch 345, §1; SL 2005, ch 212, §1; SL 2007, ch 228, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 22 - Weed And Pest Control
Section 38-22-1.2 - Definitions.
Section 38-22-1.3 - State Weed and Pest Control Commission abolished.
Section 38-22-1.4 - South Dakota Weed and Pest Control Commission established.
Section 38-22-1.5 - Composition of commission.
Section 38-22-1.7 - Functions of commission.
Section 38-22-1.8 - End of current terms--Commencement of new terms--Term limits.
Section 38-22-5 - Meetings of commission--Election and terms of officers.
Section 38-22-6 - Appointment of state weed and pest coordinator.
Section 38-22-7 - Formulation of weed and pest program.
Section 38-22-9 - Determination and publication of lists of state weeds and pests.
Section 38-22-11 - Enforcement of commission rules, regulations, processes, subpoenas, and orders.
Section 38-22-11.1 - Promulgation of rules.
Section 38-22-12 - Administration of state weed and pest program.
Section 38-22-13 - Moving agricultural machinery without cleaning as misdemeanor.
Section 38-22-16 - Infested land declared public nuisance--Protective operations by secretary.
Section 38-22-16.1 - Weeds or pests in any amount considered infestation.
Section 38-22-17 - Notice to owner of infested land--Service--Contents.
Section 38-22-17.1 - Noncompliance with orders as misdemeanor.
Section 38-22-17.2 - Intervention on federal land by State Weed and Pest Control Commission.
Section 38-22-18 - Service of notice on nonresident owner of infested land.
Section 38-22-19 - Police powers of state personnel in enforcement of chapter.
Section 38-22-20 - Entry by state personnel not deemed trespass--Crop damage not assessed.
Section 38-22-22 - Responsibility for cost of operations on publicly owned land.
Section 38-22-22.1 - Responsibility for weed and pest control.
Section 38-22-23.2 - Members of county weed and pest board--Number--Terms--Qualifications.
Section 38-22-23.3 - Time for selecting board.
Section 38-22-23.4 - Subsequent appointment or election of weed board.
Section 38-22-23.6 - Removal of board members.
Section 38-22-23.7 - Initial officers of board--Election.
Section 38-22-23.8 - Compensation and expense allowances of board members.
Section 38-22-23.9 - Powers of board.
Section 38-22-23.10 - Duties of board.
Section 38-22-23.12 - Investigation of suspected land--Notice required for entry.
Section 38-22-23.15 - Responsibility for control costs on state lands.
Section 38-22-23.16 - Penalty for failure to reimburse board for requested operations.
Section 38-22-23.17 - Civil penalty for continued failure to perform minimum remedial requirements.
Section 38-22-24 - Expenditure of county funds.
Section 38-22-26 - Organization for weed and pest control prerequisite to appropriation.
Section 38-22-30 - Prosecution of violations--Collection and disposition of forfeitures and fines.
Section 38-22-31 - Prosecutions under drug laws not precluded.
Section 38-22-33 - Transportation of plant products containing weed seed as misdemeanor.
Section 38-22-34 - Levy for weed and pest control programs in community--Administration by board.
Section 38-22-35 - Weed and pest control fund.
Section 38-22-36 - Funds for weed and pest control fund.
Section 38-22-38 - Expenditure of weed and pest control funds.