38-8A-5. Information and standards used as basis of guidelines.
The guidelines for carrying out the program shall be based upon the following:
(1)Relevant physical and developmental information concerning the watersheds and drainage basins of the state, including, but not limited to, data relating to land use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics, transportation, and public facilities and services;
(2)Existing surveys of lands and waters as may be deemed appropriate by the State Conservation Commission or required by any applicable law to identify areas, including multijurisdictional and watershed areas, with critical erosion and sediment problems; and
(3)Conservation standards for various types of soils and land uses, which standards shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land-disturbing activities.
Source: SL 1976, ch 242, ยง3.
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.