38-8-26. Certificates of organization for new districts–Certificate of dissolution–Assets and liabilities revert to new district. The requirements of §§38-8-16 to 38-8-18, inclusive, apply to applications for issuance of certificates of organization for new districts pursuant to §38-8-22. Upon termination of the existing districts, the secretary of state shall issue and record a certificate of dissolution. […]
38-8-3. Factors considered in hearing on petition for organization of district. In making the determination required by §38-8-4 and in defining the boundaries of a conservation district, the State Conservation Commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution […]
38-8-30. Petition for boundary adjustment between adjoining districts. Petitions signed by a majority of the members of each of the governing bodies of adjoining conservation districts may be filed with the State Conservation Commission asking that the boundary line between such districts be changed. Such petitions shall set out the existing boundary line between the […]
38-8-31. Notice and hearing on boundary adjustment between districts. Within thirty days after a petition has been filed pursuant to §38-8-30, the commission shall provide due notice as defined in §38-7-2 of a public hearing upon the question of the proposed change of boundary. Any interested person may attend the hearing and be heard. Source: […]
38-8-32. Determination of administrative practicability and feasibility of boundary adjustments–Factors considered–Notice to districts. After hearing pursuant to §38-8-31, the State Conservation Commission shall determine whether the operation of the said districts within the proposed new boundaries would be administratively practicable and feasible. In making such determination, the commission shall give consideration to the standards provided […]
38-8-33. Application to secretary of state for certificate evidencing boundary changes–Accompanying statement by state commission–Issuance of certificate. Upon determination by the State Conservation Commission in favor of a proposed change of district boundaries, the chairmen of the governing bodies of the districts shall present to the secretary of state an application, signed by them for […]
38-8-34. Petition for change of name of district–Action by state commission–Issuance by secretary of state. Petitions for changing the names of districts organized under this chapter may be filed with the State Conservation Commission. Any such petition shall be signed by a majority of the district supervisors and shall state the present name of the […]
38-8-39. Composition of district governing board–Number and qualifications of supervisors–Notice of available district offices–Nominating petitions–Election procedure. The governing body of a district shall consist of a board of supervisors. Each conservation district shall have a board of supervisors consisting of five members, each of whom shall be elected on a nonpartisan ballot at a general […]
38-8-4. Determination of need for district–Establishment of boundaries. After a hearing pursuant to §38-8-2, if the State Conservation Commission shall determine upon the facts presented at such hearing and upon such other relevant facts and information as may be available that there is need, in the interest of public health, safety, and welfare, for a […]
38-8-42. Terms of office of district supervisors. For the purpose of staggering terms, at the first general election, the three at-large candidates receiving the largest number of votes shall be elected for a four-year term, and the two candidates receiving the next highest number of votes shall be elected for two-year terms. In succeeding elections […]
38-8-43. Removal of supervisor from office. Any supervisor of a conservation district may be removed by the State Conservation Commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. Source: SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SDC Supp 1960, §4.1509 (3); […]
38-8-44. Filling of vacancies in district board. Vacancies in the term of any supervisor of a conservation district shall be filled by appointment by a majority of the other district supervisors, such appointee to serve until the next general election at which time such vacancy shall be filled by the voters for the unexpired term. […]
38-8-45. Chairman and officers of district board–Quorum–Majority required for actions. At the first meeting in January of each year the supervisors of a conservation district shall designate a chairman, vice-chairman, a secretary, and a treasurer, or a secretary-treasurer. The treasurer, or secretary-treasurer, if combined, need not be a member of the board of supervisors. A […]
38-8-45.1. Meetings and hearings of district supervisors open to public. Except as otherwise provided by law, all meetings and hearings of the board of supervisors shall be open to the public and publicized as may be determined by the board. Source: SDC Supp 1960, §4.1509 (4) as enacted by SL 1968, ch 1, §9.
38-8-46. Compensation and expenses of supervisors. A supervisor of a conservation district may receive compensation for his services and he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties. Source: SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §2; SDC […]
38-8-47. Employment of personnel by supervisors–Legal services–Delegation of powers. The supervisors of a conservation district may employ such agents and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney general of the state and state’s attorney of the county or counties […]
38-8-48. Surety bonds required by district supervisors–Record of proceedings–Financial reports. The supervisors of a conservation district may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions […]
38-8-49. District as governmental subdivision and public body–General corporate powers. A conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the following powers, in addition to others granted […]
38-8-49.1. Budget estimates of operating and maintenance costs submitted to counties–Determination and apportionment of costs–Funds derived from general county fund. A conservation district and its supervisors shall at least three weeks before the dates specified by law for the setting up of official budgets, estimate the total cost of operating and maintaining the district for […]
38-8-5. Determination of no need and denial of petition–Time for filing new petitions. If the State Conservation Commission shall determine after a hearing pursuant to §38-8-2, after due consideration of the relevant facts mentioned in §38-8-3, that there is no need for a conservation district to function in the territory considered at the hearing, it […]
