South Dakota Codified Laws
Chapter 08A - Soil Erosion And Sediment Damage Control
Section 38-8A-25 - Preventive treatment--Grounds for performance by conservation district board.

38-8A-25. Preventive treatment--Grounds for performance by conservation district board.
The board may perform the treatment ordered pursuant to §38-8A-24 if the person named in the order fails to commence treatment within three days from the date of mailing, posting, or serving of notice, or at a later time specified by the order. The board may also perform the treatment if:
(1)The treatment is not performed in the manner and to the extent specified;
(2)Prior to the expiration date fixed in the order, the person named in the order advises the board he cannot or does not intend to accomplish the work.

Source: SL 1984, ch 263, §4.

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.