46-7-5.9. Board's acceptance of owner's affidavit--Conditions.
The board, based on the specific facts of each case, may impose reasonable conditions upon the acceptance of the owner's affidavit for filing if those conditions are related to the promotion of the health, safety, and welfare of any minor children, third persons, or the general public. The board shall refuse to accept any owner's affidavit for filing unless the board is satisfied that:
(1)The owner has complied with the terms of §§46-7-5.4 to 46-7-5.11, inclusive;
(2)The dam in question is a privately owned high-hazard dam, constructed prior to January 1, 1990; and
(3)The owner and his immediate family are the only persons residing within the flood plain.
Source: SL 1990, ch 357, §6.
Structure South Dakota Codified Laws
Chapter 07 - Storage, Diversion And Irrigation Works
Section 46-7-1 - Excess capacity of works--Availability for beneficial use.
Section 46-7-2 - Headgates or other measuring devices required.
Section 46-7-3 - Repair of works required--Rules.
Section 46-7-5.4 - Definition of terms.
Section 46-7-5.8 - Requirements as to form and content of owner's affidavit.
Section 46-7-5.9 - Board's acceptance of owner's affidavit--Conditions.
Section 46-7-5.10 - Recording requirements as to owner's affidavit.
Section 46-7-12 - Willful damage, destruction, or interference with works prohibited.
Section 46-7-14 - Unauthorized injury to or interference with pier, boom, or dam prohibited.