South Dakota Codified Laws
Chapter 10B - Drainage Basin Utility Districts
Section 46A-10B-23 - Fees deposited in fund--Purpose.

46A-10B-23. Fees deposited in fund--Purpose.
The governing body shall place all fees collected pursuant to §§46A-10B-20, 46A-10B-21, and 46A-10B-22 into a storm drainage fund or other fund established pursuant to §46A-10B-28 to be used only for the purposes provided in this chapter, and reserved for the identified drainage basin for which fees are collected. If a municipality establishes a new drainage utility pursuant to §9-40-1, it may transfer any funds within its control that were collected pursuant to this chapter into a separate drainage utility fund which may only be used to pay for new drainage improvements, maintenance of existing drainage improvements, and operation of the drainage utility.

Source: SL 1989, ch 388, §29; SL 2013, ch 39, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46A - Water Management

Chapter 10B - Drainage Basin Utility Districts

Section 46A-10B-1 - Definition of terms.

Section 46A-10B-2 - Counties or municipalities authorized to establish drainage basin utility districts.

Section 46A-10B-3 - Joint powers agreement required.

Section 46A-10B-4 - Joint powers agreement--Contents.

Section 46A-10B-4.1 - Amendment to agreement--Adding to or deleting from district.

Section 46A-10B-5 - Hearing required--Timing and attendance.

Section 46A-10B-6 - Publication of proposed agreement or amendment prior to hearing--Contents.

Section 46A-10B-7 - Approval and execution of agreement--Establishment or adjustment of district.

Section 46A-10B-8 - Boundaries.

Section 46A-10B-9 - Agreement to designate and define composition of governing body--Requirements--Powers.

Section 46A-10B-10 - Certain actions prohibited without county or municipal government approval.

Section 46A-10B-11 - Required notice--Contents.

Section 46A-10B-12 - Drainage basin utility district as municipal utility.

Section 46A-10B-13 - Additional administrative powers of governing body.

Section 46A-10B-14 - Effect of chapter upon Water Management Board and certain other state laws.

Section 46A-10B-15 - Establishment of district no guarantee flooding or damage will be eliminated.

Section 46A-10B-16 - Assessment of basins--Governing body to designate installation of facilities and method of assessment.

Section 46A-10B-17 - Benefit versus cost analysis required.

Section 46A-10B-18 - Adoption of master drainage plan and stormwater map--Contents--Revisions.

Section 46A-10B-19 - Solicitation of entities to carry out plan--Furnishment of maps.

Section 46A-10B-20 - Establishment of stormwater basin development and utility fees--Assessments against individual properties.

Section 46A-10B-21 - Payment of development fee as condition for development--Purpose and amount of fee.

Section 46A-10B-22 - Imposition of stormwater utility fee--Purpose, amount and separate components of fee.

Section 46A-10B-23 - Fees deposited in fund--Purpose.

Section 46A-10B-24 - Collection of unpaid charges--Lien created--Enforcement of provisions of chapter.

Section 46A-10B-25 - Owner's right to dispute fees or other determinations--Petition and hearing.

Section 46A-10B-26 - Reduction of fees upon completion or implementation of plan.

Section 46A-10B-27 - Application of fees or charges.

Section 46A-10B-28 - Accumulation of funds authorized.

Section 46A-10B-29 - Issuance of bonds authorized.

Section 46A-10B-30 - Drainage report and construction plans--Requirements for subdivision approval.

Section 46A-10B-31 - Contract with developer--Reimbursement of actual costs incurred.

Section 46A-10B-32 - Collection of charge from abutting property developer--Conditions--Repayment of original installer.

Section 46A-10B-33 - Stormwater facility property of governing body--Responsibility for operation and maintenance.

Section 46A-10B-34 - Technical assistance provided by Board of Water and Natural Resources and Department of Agriculture and Natural Resources.

Section 46A-10B-35 - Board to consider certain provisions and guidelines in establishing ordinances or procedures.

Section 46A-10B-36 - Dissolution of district.

Section 46A-10B-37 - Content and form of petition for dissolution.

Section 46A-10B-38 - Filing of petition.

Section 46A-10B-39 - Publication of petition prior to filing--Content.

Section 46A-10B-40 - Authority of circuit court to dissolve district.

Section 46A-10B-41 - Petition to suspend or cancel project--Content and form.

Section 46A-10B-42 - Publication of petition to cancel or suspend project--Requirements.

Section 46A-10B-43 - Authority of circuit to suspend or cancel project--Amendment of master plan.