38-8A-1. Definition of terms. Terms as used in this chapter mean: (1)”Commission,” the State Conservation Commission established by §38-7-3; (2)”Conservation standards” or “standards,” soil loss tolerance limits as developed pursuant to this chapter; (3)”Districts,” conservation districts established pursuant to chapter 38-8; (4)”Person,” a person as that term is defined by §2-14-2 and also any public […]
38-8A-10. Review of standards by commission–Recommendations as to changes. The State Conservation Commission shall, within six months of receipt of a district’s proposed standards, review and recommend any changes the commission deems necessary to the success of the district program. Source: SL 1976, ch 242, §7.
38-8A-11. Adoption of conservation standards by districts–Cooperation with other local units. To carry out its program, each district, in cooperation with other local units of government, shall, within three months after the guidelines have been reviewed by the commission, adopt conservation standards consistent with the control of erosion and sediment resulting from land-disturbing activities. Source: […]
38-8A-12. Governing board resolution or voter petition for revision of conservation standards. Revision of the conservation standards, in whole or in part, may be proposed by the conservation district governing board or by a petition signed by the number of voters equal to ten percent of the qualified voters in a district. Source: SL 1976, […]
38-8A-12.1. Filing of petition–Submission of standards to election unless supervisors approve revision. A petition pursuant to §38-8A-12 shall be filed with the conservation district supervisors. The filing of a petition shall require the submission of the named conservation district standards to an election of the qualified voters of the district. However, if the supervisors approve […]
38-8A-12.2. Election procedures. An election under the provisions of §§38-8A-12 and 38-8A-12.1 shall be conducted at the next general election within the counties comprising the territory of the conservation district. Unless otherwise provided for in this chapter, the conduct of any election held under §§38-8A-12 and 38-8A-12.1 shall be governed by the general election laws […]
38-8A-13. District standards to be met by activities on publicly owned lands. If proposed land-disturbing activities are to be performed on state lands or by or on behalf of a state or local unit of government, plans for erosion and sediment control shall be in accordance with standards for erosion and sediment control established pursuant […]
38-8A-14. Enforcement of standards under contract with public agency. Land-disturbing activities, carried out under contract with an agency of the state or with any of its local political subdivisions, shall be subject to the enforcement action of such agency or subdivision. Source: SL 1976, ch 242, §16.
38-8A-15. Issuance of permits by commission or districts prohibited. Neither the State Conservation Commission nor the conservation districts may issue permits under the provisions of this chapter. Source: SL 1976, ch 242, §12.
38-8A-16. Permit-issuing authorities to require compliance with district conservation standards. After formal adoption of district conservation standards, each permit-issuing authority lying within the territorial limits of the conservation district, shall include provisions in its permit procedure to ensure that any proposed action relating to a permit is in compliance with the district conservation standards. Source: […]
38-8A-17. Land-disturbing activity plans, applications, and reports not required if standards not violated–Plan required for conversion of fragile land. No person engaging in land-disturbing activities is required to prepare a plan, file an application or otherwise report these activities to the conservation district, except as provided for in §38-8A-18. The district may require a conservation […]
38-8A-18. Violation of adopted standards by land-disturbing activities–Control plan required–District approval–Implementation of plan. Upon the determination by the conservation district, pursuant to §38-8A-20, that a land-disturbing activity is violating adopted standards, the land disturber shall be required to prepare an erosion and sediment control plan within six months, and have the plan approved by the […]
38-8A-18.1. Noncompliance–Penalties. Any person found to have engaged in land disturbing activities pursuant to §38-8A-20 who intentionally refuses or fails to comply with the action directed by the petitioned agency, may lose eligibility for financial assistance from any state agency or political subdivision of the state involved in natural resources. If a state agency denies […]
38-8A-19. Variances to allow additional time for compliance. The conservation districts or permit-issuing authority may, in carrying out their responsibilities under this chapter, grant a variance to any land disturber to allow additional time in meeting the requirements of this chapter. Source: SL 1976, ch 242, §19.
38-8A-2.”Land-disturbing activity” defined. The term, land-disturbing activity, as used in this chapter, means any clearing, tilling, grazing, grading, excavating, transporting, and filling of land, and the implementation of silviculture activities resulting in soil erosion from water or wind and the movement of sediments into any and all waters, public or private, on the surface of […]
38-8A-20. Petition to allege violation of chapter–Investigation and action by petitioned agency. Any person who is adversely affected by land-disturbing activities may file a petition with the conservation districts or with the permit-issuing authority having jurisdiction thereof, alleging a violation of this chapter. The petitioned agency shall investigate and determine the validity of the petition. […]
38-8A-21. Injunctive or other relief to enforce chapter. Either a permit-issuing authority, or a district may, upon petition or its own volition, in the enforcement of its orders, commence an action in circuit court for an injunction or other appropriate relief to enforce the provisions of this chapter. Source: SL 1937, ch 19, §10; SDC […]
38-8A-22. Dust blowing and soil erosion–Owner or operator to prevent. The owner or operator of real property in this state shall prevent dust blowing and soil erosion, as nearly as can be done, by practices which will prevent or minimize blowing dust and erosion of the soil. If dust blowing is evident, such practices shall […]
38-8A-23. Blowing soil–Investigation and order for prevention by conservation district board. If the board of supervisors of any conservation district is advised, in writing, that soil is blowing from any land, or if any land in the county, roads or public property is being damaged, as the result of blowing soil, the board shall inspect […]
38-8A-24. Emergency orders–Issuance–Posting. Upon a finding by the board of supervisors that an emergency exists, the board of supervisors shall notify the county commissioners who shall issue an order to each of the persons at the address shown on the records of the county director of equalization. The order shall be issued by registered mail […]
