South Dakota Codified Laws
Chapter 08A - Soil Erosion And Sediment Damage Control
Section 38-8A-1 - Definition of terms.

38-8A-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Commission," the State Conservation Commission established by §38-7-3;
(2)"Conservation standards" or "standards," soil loss tolerance limits as developed pursuant to this chapter;
(3)"Districts," conservation districts established pursuant to chapter 38-8;
(4)"Person," a person as that term is defined by §2-14-2 and also any public agency or political subdivision of this state, any interstate body, or any other legal entity;
(5)"Guidelines," recommendations of the commission to the conservation districts not possessing the force or effect of rules or statute;
(6)"Permit-issuing authority," a municipality or other political subdivision normally responsible for granting or issuing zoning, subdivision, building, or drainage permits;
(7)"Silviculture," the science and art of managing forest resources for the timber, protection, recreation, wildlife, water, and aesthetic purposes.

Source: SL 1976, ch 242, §1; SL 1997, ch 226, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 38 - Agriculture and Horticulture

Chapter 08A - Soil Erosion And Sediment Damage Control

Section 38-8A-1 - Definition of terms.

Section 38-8A-2 - "Land-disturbing activity" defined.

Section 38-8A-3 - Guidelines to be developed by commission--Citizen participation.

Section 38-8A-4 - Content of guidelines.

Section 38-8A-5 - Information and standards used as basis of guidelines.

Section 38-8A-6 - Districts to develop proposed standards in cooperation with local units--Time--Designation of fragile land.

Section 38-8A-8 - Hearing on proposed standards or revisions--Publication of notice.

Section 38-8A-9 - Transmittal of proposed standards to commission for review.

Section 38-8A-10 - Review of standards by commission--Recommendations as to changes.

Section 38-8A-11 - Adoption of conservation standards by districts--Cooperation with other local units.

Section 38-8A-12 - Governing board resolution or voter petition for revision of conservation standards.

Section 38-8A-12.1 - Filing of petition--Submission of standards to election unless supervisors approve revision.

Section 38-8A-12.2 - Election procedures.

Section 38-8A-13 - District standards to be met by activities on publicly owned lands.

Section 38-8A-14 - Enforcement of standards under contract with public agency.

Section 38-8A-15 - Issuance of permits by commission or districts prohibited.

Section 38-8A-16 - Permit-issuing authorities to require compliance with district conservation standards.

Section 38-8A-17 - Land-disturbing activity plans, applications, and reports not required if standards not violated--Plan required for conversion of fragile land.

Section 38-8A-18 - Violation of adopted standards by land-disturbing activities--Control plan required--District approval--Implementation of plan.

Section 38-8A-18.1 - Noncompliance--Penalties.

Section 38-8A-19 - Variances to allow additional time for compliance.

Section 38-8A-20 - Petition to allege violation of chapter--Investigation and action by petitioned agency.

Section 38-8A-21 - Injunctive or other relief to enforce chapter.

Section 38-8A-22 - Dust blowing and soil erosion--Owner or operator to prevent.

Section 38-8A-23 - Blowing soil--Investigation and order for prevention by conservation district board.

Section 38-8A-24 - Emergency orders--Issuance--Posting.

Section 38-8A-25 - Preventive treatment--Grounds for performance by conservation district board.

Section 38-8A-26 - Assessment against land treated by board--Promulgation of rules.

Section 38-8A-27 - Disposition of assessment collections--Collection fee prohibited.

Section 38-8A-28 - Cooperation with federal, state, and local agencies to prevent erosion.

Section 38-8A-29 - Annual report of violations.