South Dakota Codified Laws
Chapter 10B - Drainage Basin Utility Districts
Section 46A-10B-20 - Establishment of stormwater basin development and utility fees--Assessments against individual properties.

46A-10B-20. Establishment of stormwater basin development and utility fees--Assessments against individual properties.
After delineating drainage basins pursuant to §46A-10B-18, the governing body may establish by ordinance stormwater basin development fees and stormwater utility fees to be paid by the developers or owners of property in each basin in the district as provided in §§46A-10B-21 and 46A-10B-22. The fees shall be sufficient to construct, operate, and maintain the facilities needed in the basin and may be expended to carry out the purposes of this chapter. The amount of the fees assessed against individual properties and the method of calculating and collecting the fees shall be established by ordinance. Assessments against individual properties shall be on a per-square-foot basis, but the amount of the fee assessed per square foot against individual properties in a basin may not necessarily be equal in all cases. The governing body may vary the amount dependent upon the type of improvements that are on the property or that may be placed on the property under the existing zoning as such improvements relate to the stormwater or runoff water that may be discharged from the property. Agricultural land as defined in §10-6-112 is exempt from the fees established in this section and in §§46A-10B-21 and 46A-10B-22.

Source: SL 1989, ch 388, §26; SL 1990, ch 364, §1; SL 2021, ch 44, § 44.

Structure South Dakota Codified Laws