South Dakota Administrative Code

Rule 04:01:02:01 Terms. 4:01:02:01. Terms. Terms defined in SDCL 5-1-2, 5-5-1 and 5-5-10.1 shall have the same meaning in this chapter. In addition, terms used in this chapter, unless the context plainly requires otherwise, mean: (1) "Pasturing agreement," a contract whereby two …

Rule 04:01:02:02 Criteria for establishing rental rate. 4:01:02:02. Criteria for establishing rental rate. To establish the current rental prevailing, or fair market value on school and endowment lands, the following criteria shall be used by the commissioner in establishing the …

Rule 04:01:02:03 Time limit for placing improvements prior to sale. 4:01:02:03. Time limit for placing improvements prior to sale. No permit to place improvements on a tract of school and endowment land will be issued after a legal offer to purchase has been received by the Depar…

Rule 04:01:02:04 Time limit for placing improvements prior to lease expiration. 4:01:02:04. Time limit for placing improvements prior to lease expiration. No permit to place improvements on a tract of school and endowment land will be issued after October 1 in the final year of a…

Rule 04:01:02:05 Criteria for approval of pasturing agreements. 4:01:02:05. Criteria for approval of pasturing agreements. All pasturing agreements made on school and endowment lands shall be subject to approval by the commissioner of school and public lands pursuant to § 4:01:02…

Rule 04:01:02:06 Repealed. 4:01:02:06. Annual report required for AUM's utilized.Repealed. Source: 3 SDR 31, effective October 28, 1976; 5 SDR 95, repealed May 9, 1979.

Rule 04:01:02:07 Approval of pasturing agreements. 4:01:02:07. Approval of pasturing agreements. If all factors in § 4:01:02:05 are met and do not violate the provisions in § 4:01:02:08, said pasturing agreement will be approved by the commissioner under § 4:01:02:05. Source: 3 S…

Rule 04:01:02:08 Grounds for cancellation of a grazing lease. 4:01:02:08. Grounds for cancellation of a grazing lease. Any of the following practices will be grounds for cancellation of a lease: (1) Grazing of more animal unit months than allowed under the provisions of subdivisi…

Rule 04:01:03:01 Definitions. 4:01:03:01. Definitions. Terms defined in SDCL 5-1-2 have the same meaning in this chapter. In addition, the term department means the Department of School and Public Lands. Source: 21 SDR 179, effective April 20, 1995. General Authority: SDCL 5-7-37…

Rule 04:01:03:02 Proof of publication. 4:01:03:02. Proof of publication. Newspapers shall file proof of publication of advertisement of mineral leases with the commissioner before the date of the auction on forms supplied by the department. Source: 21 SDR 179, effective April 20,…

Rule 04:01:03:03 Successful bidder to pay advertising costs. 4:01:03:03. Successful bidder to pay advertising costs. Before a mineral lease is executed, the successful bidder shall pay the prorated cost of all advertising as disclosed by the proof of publication filed in the offi…

Rule 04:01:03:04 Size of lease units. 4:01:03:04. Size of lease units. The commissioner shall issue leases primarily for units of approximately 640 acres. The commissioner may issue a lease for a lesser area only if there are no other lands administered by the department that are…

Rule 04:01:03:05 Rental rate. 4:01:03:05. Rental rate. Payment of the minimum bonus rate, in the amount computed at the rate of one dollar per acre for each tract of land, shall accompany each nomination. This amount is forfeited if the applicant is the successful bidder and fail…

Rule 04:01:03:06 Bonus rate. 4:01:03:06. Bonus rate. Payment of the minimum bonus rate, in the form of a sealed bid, computed at the rate of two dollars per acre for each tract of land, shall accompany each nomination form. This amount is forfeited if the applicant is the success…

Rule 04:01:03:07 Filing fee. 4:01:03:07. Filing fee. A filing fee of $10 for each lease is charged for each assignment. A request to write in an overriding royalty provision in a lease is considered an assignment. Source: 21 SDR 179, effective April 20, 1995. General Authority: S…

Rule 04:01:03:08 Terms and conditions. 4:01:03:08. Terms and conditions. The standard mineral lease shall include all terms and conditions of the lease. Source: 21 SDR 179, effective April 20, 1995. General Authority: SDCL 5-7-37. Law Implemented: SDCL 5-7-37, 5-7-45.

Rule 04:01:04:01 Fee schedule. 4:01:04:01. Fee schedule. The commissioner shall charge the following fees: (1) Assignment of a grazing or agricultural lease: the fee for assignment of a grazing or agricultural lease is $10; (2) Assignment of a land sale contract: the fee for assi…

Rule 04:01:05:01 Market value of lease. 4:01:05:01. Market value of lease. The market value of a sand and gravel lease is the value placed on the sand, gravel, or other material at recognized market centers. Source: 11 SDR 8, effective July 22, 1984. General Authority: SDCL 5-2-7…

Rule 04:01:05:02 Royalty rate. 4:01:05:02. Royalty rate. The royalty rate for a lease to remove sand, gravel, or other material shall be set by the commissioner for each lease or extension of a lease. The royalty rate shall not be less than 10 percent of the market value of the m…

Rule 04:01:05:03 Royalty in kind. 4:01:05:03. Royalty in kind. At the option of the commissioner, the commissioner may take the royalty for a sand and gravel lease in kind. If the commissioner does, the lessee shall deliver the royalty sand, gravel, or other material to the commi…

Rule 04:01:06:01 Identification and control of weed and pest problems. 4:01:06:01. Identification and control of weed and pest problems. The lessee shall identify and control noxious weeds and pests on the leased school land. Source: 11 SDR 8, effective July 22, 1984. General Aut…

Rule 04:01:06:02 Purchase of chemical. 4:01:06:02. Purchase of chemical. The Department of School and Public Lands shall pay the cost of the chemical needed by the lessee of grazing land to control noxious weeds and pests on the leased school land. Source: 11 SDR 8, effective Jul…

Rule 04:01:07:01 Terms. 4:01:07:01. Terms. Terms used in this chapter mean: (1) "Commissioner," the commissioner of school and public lands; (2) "Department," the Department of School and Public Lands; (3) "Commercial lease," a lease characteristic of commerce or pertaining to bu…

Rule 04:01:07:02 Lands subject to commercial leasing. 4:01:07:02. Lands subject to commercial leasing. All common school, indemnity, and endowment lands and any other land placed under the jurisdiction of the department may be leased for commercial purposes, but nothing in this c…

Rule 04:01:07:03 Designating land to be leased. 4:01:07:03. Designating land to be leased. The commissioner may solicit or accept proposals from any person for commercial leasing of land that belongs to, or is placed under, the jurisdiction of the department. Source: 22 SDR 79, e…

Rule 04:01:07:04 Minimum rental rate. 4:01:07:04. Minimum rental rate. The commissioner shall establish the minimum annual rental rate for a tract of land to be commercially leased. In fixing the minimum annual rental rate the commissioner shall consider location, accessibility, …

Rule 04:01:07:05 Publication of notice of leasing auction. 4:01:07:05. Publication of notice of leasing auction. The commissioner shall publish a notice stating the time and place of the public auction at which bids for commercial leases will be accepted. Before the auction, the …

Rule 04:01:07:06 Term of leases. 4:01:07:06. Term of leases. The term of commercial leases may not exceed 99 years. Source: 22 SDR 79, effective December 7, 1995. General Authority: SDCL 5-1-7.2. Law Implemented: SDCL 5-1-7.2.

Rule 04:01:07:07 Development plan and selection. 4:01:07:07. Development plan and selection. Bidders must provide the commissioner with a development plan and financial statement at the time of the bid opening. The commissioner shall select the most qualified lessee based on deve…

Rule 04:01:07:08 Assignment of lease -- Filing fee. 4:01:07:08. Assignment of lease -- Filing fee. The lessee may assign a lease to a third person after receiving the written approval of the commissioner. The commissioner shall provide the form used for requesting such an assignm…

Rule 04:01:07:09 Grounds for cancellation of lease. 4:01:07:09. Grounds for cancellation of lease. The commissioner may cancel a lease for nonpayment of rentals, nonperformance by the lessee of any requirement of the lease, or a breach of any term of the lease. Source: 22 SDR 79,…

Rule 04:01:07:10 Notice of intent to cancel lease -- Remedy of default. 4:01:07:10. Notice of intent to cancel lease -- Remedy of default. The commissioner shall mail to the lessee or assignee, by registered or certified letter, a notice of intention to cancel the lease, specifyi…

Rule 04:01:08:01 Definitions. 4:01:08:01. Definitions. Terms used in this chapter mean: (1) "Appraisal or appraisal report," a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion as to the market value as of a specific date, …

Rule 04:01:08:02 Exchange agreements in public interest. 4:01:08:02. Exchange agreements in public interest. In making land exchanges or assembled land exchanges under this chapter, the commissioner may consider whether the public interest is served through the consolidation of s…

Rule 04:01:08:03 Exchange agreements. 4:01:08:03. Exchange agreements. For each land exchange or assembled land exchange made under this chapter, an exchange agreement with the approval of the commissioner is required. The agreement shall contain at least the following: (1) Legal…

Rule 04:01:08:04 Appraisals. 4:01:08:04. Appraisals. For each land exchange, or assembled land exchange, including a conditional land exchange, an appraisal or appraisal report shall be required as follows: (1) Tracts with an assessed value of $100,000 or less may be appraised by…

Rule 04:01:08:05 Recovery of expenses of exchange preparation. 4:01:08:05. Recovery of expenses of exchange preparation. In mutually beneficial cases, the commissioner may negotiate with the landowner to share the expenses incurred in the exchange of land preparation, such as the…

Rule 04:01:08:06 Environmental analysis. 4:01:08:06. Environmental analysis. In any exchange made pursuant to this chapter the commissioner may determine if an environmental analysis needs to be performed as a condition to the exchange. If the analysis indicates that remedial eff…

Rule 04:01:08:07 Restrictions. 4:01:08:07. Restrictions. In any exchange made pursuant to this chapter, the commissioner reserves the right to retain any interest that is needed to protect the public interest or shall otherwise restrict the use of the school land to be exchanged,…

Rule 04:01:08:08 Hazardous substances. 4:01:08:08. Hazardous substances. The landowner shall notify the commissioner of any hazardous substances known to have been released, stored, or disposed of on the nonstate land to be exchanged prior to the ordering of the appraisal. If haz…

Rule 04:01:08:09 Withdrawal from exchange. 4:01:08:09. Withdrawal from exchange. Entering into any negotiation to exchange land does not legally bind either party to proceed with the processing of the land exchange or to consummate a proposed exchange, or to reimburse or pay dama…

Rule 04:01:08:10 Notice of exchange proposal. 4:01:08:10. Notice of exchange proposal. After entering into an agreement to initiate an exchange of land, the commissioner shall publish notice once a week for three consecutive weeks in newspapers of general circulation in each coun…

Rule 04:01:09:01 Definitions. 4:01:09:01. Definitions. Terms used in this chapter mean: (1) "Commissioner," the commissioner of school and public lands; (2) "Fossil," any remain, trace, or imprint of a plant or animal that has been preserved by natural processes in the earth's cr…

Rule 04:01:09:02 Reconnaissance collecting. 4:01:09:02. Reconnaissance collecting. Reconnaissance collecting means the collecting of fossils from the surface which: (1) Results in surface disturbance of less than two square meters of the earth; (2) Involves picking up loose speci…

Rule 04:01:09:03 Paleontological survey. 4:01:09:03. Paleontological survey. An excavation permittee conducting a paleontological survey shall have experience with geological and paleontological field techniques. A paleontological survey action is the systematic scientific survey…

Rule 04:01:09:04 Activities which may be required of excavation permittees. 4:01:09:04. Activities which may be required of excavation permittees. The commissioner may require excavation permit holders to conduct any of the following activities: (1) Document each site with a clos…

Rule 04:01:09:05 Permitting. 4:01:09:05. Permitting. If a request for research on any paleontological resource is submitted, the commissioner shall determine whether or not a permit is required prior to or after the commencement of the research depending on the following conditio…

Rule 04:01:09:06 Types of permits and fees. 4:01:09:06. Types of permits and fees. The commissioner may issue exploration or excavation permits which are: (1) An exploration permit allows the permittee to explore, locate, survey, acquire, collect, salvage, conserve, and restore p…

Rule 04:01:09:07 South Dakota paleontological permit application forms. 4:01:09:07. South Dakota paleontological permit application forms. The commissioner shall make available the following application form for completion by persons exploring or excavating for paleontological re…

5:01:01:01. Definitions. Terms used in this article mean: (1) "Designated city area," an area extending five miles beyond the municipal boundaries of Pierre, Sioux Falls, Aberdeen, Watertown, Brookings, and Rapid City; (2) "Direct route," the shortest practical route of travel be…