38-8-39. Composition of district governing board--Number and qualifications of supervisors--Notice of available district offices--Nominating petitions--Election procedure.
The governing body of a district shall consist of a board of supervisors.
Each conservation district shall have a board of supervisors consisting of five members, each of whom shall be elected on a nonpartisan ballot at a general election and whose term of office shall be four years commencing on the first of January following election. Supervisors shall be registered voters within the district, to be elected at large.
The board of supervisors may, at its discretion, choose to elect its supervisors in precincts that contain as near as possible an equal number of residents, as determined by the last preceding federal decennial census.
Before any general election, the board of supervisors of an organized conservation district shall give notice of any district offices for which nominations may be filed. The notice shall be published at least once each week for two consecutive weeks in the official newspaper or newspapers of any counties within the territory of the district. The last publication may not be less than ten nor more than fifteen days before the deadline for filing nominating petitions. The Division of Resource Conservation and Forestry shall provide the required notice before a referendum regarding establishment of a new district.
Supervisors shall be nominated by a petition signed by fifteen or more voters in the district for which the candidate seeks election.
The petition shall be verified by the circulator and be accompanied by the declaration of the candidate in a form substantially conforming to nominating petitions prescribed under the primary election laws of this state governing nominating petitions for nonpolitical candidates. The petition shall be filed on or before July first of the year in which the general election is to be held, with the county auditor of the county, or where more than one county is within the territorial limits of the district, with the secretary of state. The auditor shall prepare ballots substantially in the form of the nonpolitical ballot and give notice thereof as provided by the general election laws of this state. The supervisors shall be elected by plurality. The election shall be conducted, canvassed, recounted, and contested as elections under the general laws of this state, except as otherwise provided in this chapter, and unless the general laws are inapplicable. If the details concerning the conduct, canvassing, recounting or contest of the election are not set forth within this chapter, and the general election laws are not applicable, then the commission shall promulgate rules pursuant to chapter 1-26 to make possible the submission to an election any matter which by the terms of this chapter may be submitted to a vote of the voters of any proposed or established district.
Source: SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §1; SL 1957, ch 4, §3; SDC Supp 1960, §4.1509 (1); SL 1968, ch 1, §6; SL 1969, ch 5, §1; SL 1985, ch 15, §49; SL 1987, ch 284; SL 1994, ch 316, §21; SL 2017, ch 179, §1; SL 2019, ch 180, §1.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 08 - Conservation Districts
Section 38-8-3 - Factors considered in hearing on petition for organization of district.
Section 38-8-4 - Determination of need for district--Establishment of boundaries.
Section 38-8-5 - Determination of no need and denial of petition--Time for filing new petitions.
Section 38-8-6 - Consideration of administrative practicability and feasibility of district.
Section 38-8-7 - Referendum on creation of district--Form of ballot--Right to vote.
Section 38-8-8 - Timing of referendum on creation of district.
Section 38-8-9 - Conduct of election on creation of district--Certification of results.
Section 38-8-13 - Factors considered in determining administrative practicability and feasibility.
Section 38-8-14 - Time for filing new petitions after denial of district.
Section 38-8-15 - Election of initial supervisors--District as governmental subdivision.
Section 38-8-18 - Certificate of organization as proof of establishment of district.
Section 38-8-19 - Petition for inclusion of additional territory--Procedure.
Section 38-8-20 - Inclusion of additional territory by amendment of charter--Notice and hearing.
Section 38-8-21 - Resolution to include additional territory--Effective date.
Section 38-8-22 - Petition for combination or division of districts--Number of signers--Form.
Section 38-8-23 - Commission hearing on combination or division of districts.
Section 38-8-25 - Appointment of supervisors for reorganized district.
Section 38-8-30 - Petition for boundary adjustment between adjoining districts.
Section 38-8-31 - Notice and hearing on boundary adjustment between districts.
Section 38-8-42 - Terms of office of district supervisors.
Section 38-8-43 - Removal of supervisor from office.
Section 38-8-44 - Filling of vacancies in district board.
Section 38-8-45 - Chairman and officers of district board--Quorum--Majority required for actions.
Section 38-8-45.1 - Meetings and hearings of district supervisors open to public.
Section 38-8-46 - Compensation and expenses of supervisors.
Section 38-8-47 - Employment of personnel by supervisors--Legal services--Delegation of powers.
Section 38-8-49 - District as governmental subdivision and public body--General corporate powers.
Section 38-8-51 - Advice and consultation with political subdivision governing bodies.
Section 38-8-52 - Cooperation between districts.
Section 38-8-53 - Conservation district special revenue fund established--Purpose--Loans.
Section 38-8-54 - District power to receive loans from special revenue fund.
Section 38-8-54.1 - Borrowing funds and pledging credit of district authorized.
Section 38-8-56 - Notice and hearing on county contributions to districts.
Section 38-8-57 - Annual report filed with county contributing to district--Publication of report.
Section 38-8-58 - Acquisition, administration, improvement, and disposition of property by district.
Section 38-8-59 - Exemption from general laws applicable to public property.
Section 38-8-60 - Construction, operation and maintenance of structures by district.
Section 38-8-61 - District conservation measures on public and private land.
Section 38-8-62 - Administration and management of projects--Acceptance of contributions.
Section 38-8-64 - Assistance to land owners.
Section 38-8-91 - Frequency of petitions for dissolution of district.
Section 38-8-92 - Referendum on petition for dissolution of district--Form of ballot--Right to vote.
Section 38-8-93 - Timing of referendum on dissolution of district.
Section 38-8-94 - Conduct of election on dissolution of district--Certification of results.
Section 38-8-95 - Referendum on dissolution of district valid despite informalities.