South Dakota Administrative Code

Rule 12:03:01:13 Hearings to be held in presence of commission member. 12:03:01:13. Hearings to be held in presence of commission member. At least one member of the commission shall be present at any hearing which the commission may hold on a petition to organize, add to, change …

Rule 12:03:01:14 Record of proceedings to be compiled. 12:03:01:14. Record of proceedings to be compiled. The commission shall compile an accurate record of proceedings and testimony given at any hearing pursuant to § 12:03:01:13. Source: SL 1975, ch 16, § 1; transferred from § 3…

Rule 12:03:01:15 Repealed. 12:03:01:15. Date for referendum to be set by the commission chairman.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:15, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 SDR 90, effective November …

Rule 12:03:01:16 Repealed. 12:03:01:16. Dissolution of conservation district.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:16, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 204, effective July 1, 1986; repealed, 21 SDR 90, eff…

Rule 12:03:01:17 Repealed. 12:03:01:17. Commission to conduct referendum on district dissolution.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:17, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 204, effective July 1, 1986; repe…

Rule 12:03:01:18 Repealed. 12:03:01:18. Establishment of watershed districts.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:18, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

Rule 12:03:01:19 Transferred. 12:03:01:19. Transferred to § 12:03:01:31.

Rule 12:03:01:20 Commission to act on petition for referendum. 12:03:01:20. Commission to act on petition for referendum. Upon the filing of a petition for referendum on the organization, dissolution, or change in territory of a conservation district, as provided by SDCL 38-8, th…

Rule 12:03:01:21 Hearing on sufficiency of petition for dissolution -- Burden of proof -- Decision by commission. 12:03:01:21. Hearing on sufficiency of petition for dissolution -- Burden of proof -- Decision by commission. Upon receipt of a petition for dissolution of a conserva…

Rule 12:03:01:22 Repealed. 12:03:01:22. Witnesses.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:22, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

Rule 12:03:01:23 Repealed. 12:03:01:23. Testimony by deposition.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:23, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

Rule 12:03:01:24 Repealed. 12:03:01:24. Time and place of deposition determined by commission.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:24, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

Rule 12:03:01:25 Repealed. 12:03:01:25. Oath required prior to deposition.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:25, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

Rule 12:03:01:26 Repealed. 12:03:01:26. Commission to receive a copy of testimony by deposition.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:26, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

Rule 12:03:01:27 Repealed. 12:03:01:27. Commission to promote resource conservation and development projects.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:27, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

Rule 12:03:01:28 Repealed. 12:03:01:28. Commission to review resource conservation and development project applications.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:28, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 SDR …

Rule 12:03:01:29 Repealed. 12:03:01:29. Commission to recommend resource conservation and development projects to governor.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:28, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 S…

Rule 12:03:01:30 Repealed. 12:03:01:30. Commission to advise districts.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:30, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 SDR 90, effective November 14, 1994.

Rule 12:03:01:31 Criteria for establishing priorities in watershed planning. 12:03:01:31. Criteria for establishing priorities in watershed planning. The following criteria shall be used in the evaluation of watershed projects receiving federal assistance: (1) Organization of a w…

Rule 12:03:01:32 Forms for reports -- District fiscal year. 12:03:01:32. Forms for reports -- District fiscal year. Conservation districts shall submit annual financial and progress reports by March 1 covering the previous fiscal year. The reports shall be on the forms published …

12:03:03:01. Definitions. Terms used in this chapter mean: (1) "Board of supervisors," the board of supervisors of a conservation district established pursuant to SDCL 38-8; (2) "Commission," the State Conservation Commission; (3) "District," a conservation district; (4) "Divisio…

12:03:03:02. Application for loan. A district may apply for a loan from the special revenue fund by submitting an application to the commission. The commission shall review applications twice per year. The commission shall conduct the first review for applications received from J…

12:03:03:03. Criteria for commission review of loan application. The commission shall review a loan application from a district and shall base its approval upon the following criteria: (1) Whether the proposed use of the funds is for a purpose provided in SDCL 38-8-53; (2) The av…

12:03:03:03.01. Insurance deductible required for the purchase of equipment-minimal amount. If the loan is for the purpose of purchasing equipment, the insurance deductible may not exceed $5,000 except with prior commission approval. The commission may grant prior approval for an…

12:03:03:04. Disposition by commission. Within 90 days after the end of an application review period, the commission shall consider a loan application. The application must be received at least 14 days before the meeting at which it will be considered, unless the commission decla…

12:03:03:05. Approval procedure for loan application. Upon approval of a loan application by the commission and the signature of the commission's chair or designated signatory, the commission shall provide the district with a promissory note containing the terms and conditions of…

12:03:03:06. Revolving fund loan repayments. A district shall repay a loan from the revolving fund in equal annual installments set by the commission, provided each installment may not be less than $250, plus interest at the rate of three percent per annum on the unpaid prinicipa…

12:03:03:07. Default. A loan from the revolving fund is in default if the district fails to make an annual payment within 90 days after the due date, unless the commission has approved a request for a loan extension or modification pursuant to § 12:03:03:11. Upon default in the p…

12:03:03:08. Statement of usage. Each district receiving a loan from the revolving fund shall submit a statement describing the current status of the loan and, if the loan was used to purchase equipment, the use and operation of that equipment during the year. A conservation dist…

12:03:03:09. Request for extension or modification of terms of loan. A district may file a written request for an extension or modification of the terms of a loan from the revolving fund with the commission. The request must contain the information required by subdivision 12:03:0…

12:03:03:10. Criteria for commission review of loan extension or modification request. The commission shall review a request for an extension or modification of the terms of a loan and shall consider: (1) The reason for the request; (2) The status of the current loan; (3) The fin…

12:03:03:11. Disposition of loan extension or modification request -- Limitations on approval. Within 120 days after the submission of a request for an extension or modification of the terms of a loan, the commission shall approve or deny the request. The commission may not appro…

12:03:03:12. Approval procedure for loan extension or modification request. Upon the approval of a request for an extension or modification of the terms of a loan, the commission shall provide a form containing the revised terms and conditions of the loan to the district. The cha…

Rule 12:03:05:01 Definitions. 12:03:05:01. Definitions. Terms used in this chapter mean: (1) "Commission," the State Conservation Commission; (2) "District," a conservation district organized under SDCL chapter 38-8; (3) "District long-range plan," the plan required under SDCL 38…

Rule 12:03:05:02 Fund to be managed on fiscal year basis. 12:03:05:02. Fund to be managed on fiscal year basis. The commission shall manage the grant fund on a fiscal year basis, but may approve the reservation of parts of individual grants for use in subsequent fiscal years. Sou…

Rule 12:03:05:03 Conservation districts as grant recipients. 12:03:05:03. Conservation districts as grant recipients. Funds provided through the coordinated soil and water conservation program established by SDCL 38-7-27 may be used only for grants to conservation districts. Gran…

Rule 12:03:05:04 Grants to be competitive. 12:03:05:04. Grants to be competitive. The commission shall consider grant applications on a competitive basis, and no grants may be guaranteed to any district. Source: 19 SDR 52, effective October 15, 1992. General Authority: SDCL 38-7-…

Rule 12:03:05:05 Format of applications. 12:03:05:05. Format of applications. Grant applications shall be submitted to the division in a format provided by the commission. The division may request additional information as required for the commission to make its decision. A copy …

Rule 12:03:05:06 Coordination with other agencies. 12:03:05:06. Coordination with other agencies. The commission shall encourage coordination between agencies and organizations. The division shall return to a district each application for a project that may be more appropriately …

Rule 12:03:05:07 Combined funding -- Maximum funding -- In-kind match. 12:03:05:07. Combined funding -- Maximum funding -- In-kind match. Conservation grant funding may be combined with other state, local, or federal funding; however, grant funding may not replace funds from othe…

Rule 12:03:05:08 Projected benefits and funding. 12:03:05:08. Projected benefits and funding. The application must show projected benefits of the project and how funding will be provided for the project. Source: 19 SDR 52, effective October 15, 1992. General Authority: SDCL 38-7-…

Rule 12:03:05:09 Project costs -- Technical assistance. 12:03:05:09. Project costs -- Technical assistance. The commission shall allocate grant funds to share in project costs, for technical assistance, or for both project costs and technical assistance. The commission shall allo…

Rule 12:03:05:10 Length of grant periods. 12:03:05:10. Length of grant periods. The commission may allocate a grant covering up to 36 months beginning on either January 1 or July 1. Source: 19 SDR 52, effective October 15, 1992; 21 SDR 90, effective November 14, 1994. General Aut…

Rule 12:03:05:11 Required information and education activities. 12:03:05:11. Required information and education activities. Information and education are a required part of every project, and each application must list those activities which are planned for the project. Funding i…

Rule 12:03:05:12 Priority projects. 12:03:05:12. Priority projects. The commission may dedicate a portion of the annual appropriation for the coordinated soil and water conservation fund to use on sharing costs of any project that is determined by the commission to be a priority.…

Rule 12:03:05:13 Ineligible grant purposes. 12:03:05:13. Ineligible grant purposes. The commission may not allocate grant funds for the primary purpose of purchasing equipment, land, buildings, or replacing available federal cost-sharing. Source: 19 SDR 52, effective October 15, …

Rule 12:03:05:14 Required prior reports. 12:03:05:14. Required prior reports. A district must have its annual financial and progress reports for its prior fiscal year on file at the office of the division to be eligible for a grant. Source: 19 SDR 52, effective October 15, 1992. …