38-8A-2."Land-disturbing activity" defined.
The term, land-disturbing activity, as used in this chapter, means any clearing, tilling, grazing, grading, excavating, transporting, and filling of land, and the implementation of silviculture activities resulting in soil erosion from water or wind and the movement of sediments into any and all waters, public or private, on the surface of the ground, which are contained within, flow through or border lands in the state; or onto lands in the state. Land disturbing activities specifically regulated by other state agencies and that are subject to regulation under chapter 45-6B, chapter 34A-6, or chapter 34A-13, or which otherwise require plans for soil erosion and sediment damage control are exempt from the provisions of this chapter.
Source: SL 1976, ch 242, §1 (4); SL 1997, ch 226, §2.
Structure 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-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-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-18.1 - Noncompliance--Penalties.
Section 38-8A-19 - Variances to allow additional time for compliance.
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-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.