38-8A-26. Assessment against land treated by board--Promulgation of rules.
Upon the completion of the treatment performed pursuant to §38-8A-25, the board of supervisors shall determine the land so benefited and notify the board of county commissioners, who shall assess against that land the cost of the treatment. The assessment may be made only against that portion of any tract of land which is the source of the wind or soil erosion.
Except as otherwise provided in this section, the assessment may not exceed the actual cost of the treatment or thirty-seven dollars per acre, whichever is less.
Beginning January 1, 2021, the commission may, by rules promulgated in accordance with chapter 1-26, annually increase the maximum assessment per acre authorized by this section by the lesser of:
(1)Three percent; or
(2)The rate of inflation for the preceding calendar year, as established by the United States Department of Labor Bureau of Labor Statistics.
The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county director of equalization, and a copy sent by registered mail to the landowner at the address shown on the records of the county director of equalization and to the operator.
Source: SL 1984, ch 263, §5; SL 2020, ch 177, § 1.
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.