34A-9-1. Definition of terms. Terms as used in this chapter, unless the context otherwise requires, mean: (1)”Agency,” the executive and administrative departments, offices, boards, commissions, and other units of the state government; (2)”Board,” the Board of Minerals and Environment; (3)”Draft environmental impact statement,” a preliminary statement prepared pursuant to §34A-9-5; (4)”Environment,” the physical conditions that […]
34A-9-10. Findings required as to compliance and actions to minimize environmental problems. When an agency decides to carry out or approve an action which has been the subject of an environmental impact statement, it shall make an explicit finding that the requirements of this chapter have been met and that all feasible action will be […]
34A-9-11. Impact statement not required if federal statement required. To avoid duplication of effort and to promote consistent administration of federal and state environmental policies, the environmental impact statement required by this chapter need not be prepared with respect to actions for which a detailed statement is required to be prepared pursuant to the requirements […]
34A-9-12. Prospective application of chapter. The requirements of this chapter do not apply to actions undertaken or approved before March 2, 1974. Source: SL 1974, ch 245, §7; SDCL Supp, §11-1A-12; SL 2011, ch 165, §136.
34A-9-12.1. Establishment of environmental impact statement preparation fund–Source of fund–Administration–Appropriation and expenditures. There is hereby established in the state treasury a special revolving fund to be designated as the environmental impact statement preparation fund. This fund shall consist of all moneys from all lawful public and private sources including legislative appropriations, federal grants, gifts, fees […]
34A-9-13. Citation of chapter. This chapter may be cited as the South Dakota Environmental Policy Act. Source: SL 1974, ch 245, §9; SDCL Supp, §11-1A-13.
34A-9-2. Actions subject to chapter. As used in this chapter, the term, actions, includes: (1)New and continuing projects or activities directly undertaken by any public agency, or supported in whole or part through contracts, grants, subsidies, loans, or other forms of funding assistance from one or more public agencies; (2)Policy, regulations, and procedure-making; or (3)The […]
34A-9-3. Actions not subject to chapter. As used in this chapter, the term, actions, does not include: (1)Enforcement proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings; (2)Actions of a ministerial nature, involving no exercise of discretion; (3)Emergency actions responding to an immediate threat to public health or […]
34A-9-4. Environmental impact statement authorized–Fee–Purpose. All agencies may prepare, or have prepared by contract, an environmental impact statement on any major action they propose or approve which may have a significant effect on the environment. Any agency which prepares, or has prepared by contract, an environmental impact statement pursuant to subdivision 34A-9-2(3) shall assess a […]
34A-9-4.1. Selection of contractor to prepare statement. Any agency, other than the Public Utilities Commission, which causes an environmental impact statement to be prepared by contract shall select a contractor proposal acceptable to both the agency and the person seeking a lease, permit, license, or other public entitlement. Source: SL 1981, ch 269, §4.
34A-9-4.2. Continuous appropriation of environmental impact statement file. Any environmental impact statement fee paid pursuant to the provisions of §34A-9-4 is appropriated continuously to the agency assessing the fee to be expended for the purposes of §34A-9-4. Source: SL 1992, ch 313, §11.
34A-9-5. Draft impact statement–Contents. As early as possible in the formulation of a proposal for action that is likely to require the preparation of an environmental impact statement, the responsible agency may prepare or may have prepared a draft environmental statement describing in detail the proposed action and reasonable alternatives to the action, and briefly […]
34A-9-6. Purpose of draft impact statement–Scoping meetings–Form and contents. The purpose of a draft environmental statement is to inform the public and other public agencies as early as possible about proposed actions that may significantly affect the quality of the environment, and to solicit comments which will assist the agency in determining the environmental consequences […]
34A-9-7. Contents of environmental impact statement. An environmental impact statement shall be prepared in accordance with the procedural requirements relating to citizen participation of the National Environmental Policy Act of 1969 as amended to January 1, 2011, and implementing regulations adopted pursuant to that act, and shall include, at a minimum, a detailed statement setting […]
34A-9-8. Circulation of draft statement for comment. The draft statement shall be circulated for comment among other public agencies which have jurisdiction by law or special expertise with respect to any environmental impact involved and shall be made available for comment by relevant federal agencies and interested members of the public. Source: SL 1974, ch […]
34A-9-9. Filing of impact statement and comments before taking action–Responses to comments. The environmental impact statement, prepared pursuant to §34A-9-4, together with the comments of public and federal agencies and members of the public, shall be filed with the office of the secretary and made available to the public at least thirty days prior to […]
