Title 1 — STATE AFFAIRS AND GOVERNMENT

Ord. 91-4), § 18; SDCL § 1-40-4; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

The Department of Agriculture is hereby continued as the Department of Agriculture and Natural Resources. The former Department of Environment and Natural Resources, also formerly known as the Department of Natural Resource Development and as the Department of Water and Natural R…

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 33; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 50, eff. Apr. 19, 2021.

The Board of Natural Resource Development is abolished. There is created a Board of Water and Natural Resources. The board shall perform all functions exercised by the former Board of Natural Resource Development. The Board of Water and Natural Resources shall consist of seven me…

The Board of Water and Natural Resources shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The members are removable for cause only. Source: SL 1973, ch 2 , § 120; SL 1974, ch 3 , § 37; SL 2011, ch 165…

The functions of the Water Management Board relating to water pollution control grants, community water systems grants, and lake protection grants, respectively, are transferred to the Board of Water and Natural Resources. Source: SL 1981, ch 374 , § 17; SL 1991, ch 17 (Ex. Ord. …

The secretary of the Department of Agriculture and Natural Resources may employ a geologist with an advanced degree in geology or related physical science as the state geologist. The state geologist shall act as advisor to the secretary in all matters pertaining to geology, hydro…

The functions of the state geologist relative to oil and gas conservation, pursuant to chapter 45-9 , are transferred to the Department of Agriculture and Natural Resources and the secretary of agriculture and natural resources. Source: SL 1984, ch 343 , § 24; SL 1991, ch 17 (Ex.…

Except as provided in § 1-41-13.1 , the Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the former board of directors of the South Dakota Conservancy Distric…

The Board of Water and Natural Resources created by this chapter shall perform all quasi - legislative, quasi - judicial, advisory, and special budgetary functions (as defined in § 1-32-1 ) of the former board of directors of the South Dakota Conservancy District, created by chap…

Except as provided in § 1-41-14.1 , the Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the former Water Resources Commission relating to assisting and joini…

The Board of Water and Natural Resources created by this chapter shall perform all quasi-legislative, quasi-judicial, advisory, and special budgetary functions (as defined in § 1-32-1 ) of the former Water Resources Commission relating to assisting and joining in arrangements or …

One member of the Water Management Board shall be appointed to represent the public at large. One member shall be a person who holds a valid South Dakota well driller's license and is a South Dakota resident. One member shall be experienced in municipal government and operations.…

A majority of the appointed members of the Water Management Board constitutes a quorum. A majority of those present and voting is sufficient to perform official functions of the board. Source: SL 1979, ch 354 , § 27; SL 2011, ch 165 , § 2; SDCL § 1-40-17; SL 2021, ch 1 (Ex. Ord. …

The Water Management Board shall annually elect a chair, vice chair, and secretary. A prehearing officer may be appointed by the board as needed to conduct prehearing matters. The board shall meet at least four times a year upon the call of the chair or the secretary of the Depar…

The Water Management Board shall perform all functions exercised by the former State Water Rights Commission. The Water Management Board shall perform the quasi - legislative, quasi - judicial, and special budgetary functions pursuant to chapters 34A-2 and 34A-3 , and all advisor…

The secretary of agriculture and natural resources and the Water Management Board shall, respectively, exercise the powers vested in the secretary of environmental protection and the Board of Environmental Protection by chapter 34A-2 with respect to control of water pollution. So…

The Department of Agriculture and Natural Resources and the secretary of agriculture and natural resources shall perform the functions of the former Department of Environmental Protection and the former secretary of environmental protection pursuant to chapters 34A-2 , 34A-3 , an…

The secretary of the Department of Agriculture and Natural Resources shall perform the functions of the former secretary of the Department of Environmental Protection, relating to the divisions of water quality and water hygiene, pursuant to chapters 34A-2 , 34A-3 , and 34A-9 . S…

The functions of the Department of Health, the secretary of health, and the director of the Division of Environmental Health pursuant to chapters 34A-1 and 34A-6 , their functions relating to radiation monitoring and control for mineral exploration, mining, milling, and processin…

The Board of Minerals and Environment consists of nine members appointed by the Governor, not all of whom may be from the same political party. The terms of the members of the board are for four years. Any member appointed to fill a vacancy arising from other than the natural exp…

In addition to the provisions of § 1-41-19 , the Board of Minerals and Environment shall be composed in conformance with the requirement of the Clean Air Act § 128 (42 USC § 7428) as amended to January 1, 1995, for all permits and enforcement orders initiated under chapter 34A-1 …

The Board of Minerals and Environment shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The board shall hold meetings at the call of the chair or a majority of the members, but at least one meeting sha…

The head of the Department of Agriculture and Natural Resources is the secretary of agriculture and natural resources. Source: SL 1973, ch 2 , § 128; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 43, eff. Apr. 19, 2021.

The secretary of the Department of Agriculture and Natural Resources shall be qualified by training and experience to administer the programs of the Department of Agriculture and Natural Resources and shall have such other qualifications as may be specified by statute. Source: SL…

The secretary may reject an application for any permit filed pursuant to Title 34A or 45, including any application by any concentrated swine feeding operation for authorization to operate under a general permit, upon making a specific finding that: (1) The applicant is unsuited …

General permits issued pursuant to chapter 34A-1 , 34A-2 , or 34A-6 which, after public notice and opportunity for hearing before the board, are used to regulate a specific category of activities which are conducted statewide, which are similar in design and operation, and which …

Following the issuance of any uncontested permit by the secretary pursuant to chapter 34A-1 , 34A-2 , 34A-6 , 34A-11 , 45-6B , 45-6D , or 45-9 , the secretary shall give the board having jurisdiction over the permit a report. The report shall identify the activity for which the p…

On the first of July each year, six hundred thousand dollars or all the interest deposited for the previous year in the water and environment fund established pursuant to § 46A-1-60 , whichever is less, shall be transferred from the water and environment fund to the environment a…

An environmental audit is a written, voluntary, internal assessment, evaluation, or review, not required by law, rule, regulation, or permit, that is conducted by a regulated entity or its agent, and initiated by the regulated entity for the purpose of determining compliance with…

The department may not pursue civil penalties or criminal prosecution for violations found during an environmental audit that are disclosed to the department secretary in writing within thirty days after the violation is found. Violations found by the department prior to the time…

The department may not request results of an environmental audit. However, an environmental audit is subject to discovery according to the rules of civil or criminal procedure. If a regulated entity discloses a violation found during an environmental audit, the section of the env…

An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity: (1) Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit; (2) Has established a pattern of repeatedly violating environmen…

If abuses of §§ 1-41-25 to 1-41-25.4 , inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4 , inclusive, upon entering a finding that the regulated entity has: (1) Intentionally misrepresented material facts…

The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to establish an inspection and enforcement program or system for any concentrated animal feeding operation that is required to operate under a general or individual water pollution…

The department may accept a document with an electronic signature if submitted in that form by the signatory to comply with state environmental regulatory requirements. The department shall provide for the authenticity of each electronic signature by adhering to any standards est…

The Department of Agriculture and Natural Resources shall establish a program to reduce the amount of solid waste generated by state agencies and to promote the separation and recovery of recyclable materials and the procurement of recycled materials and recovered materials by st…

The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to require each state agency to establish a program for the separation for recycling of all materials listed in § 34A-6-67 or whose disposal is prohibited by rule under §§ 34A-6-59…

1-41-3.1 Functions of Division of Forestry within Department of Game, Fish and Parks transferred to Department of Agriculture and Natural Resources. 1-41-3.2 Office of agricultural and natural resources policy created--Responsibilities. 1-41-3.3 Divisions constituting department.…

The functions of forestry pursuant to chapter 41-20 and forest insect and disease control pursuant to chapter 41-21 within the Department of Game, Fish and Parks are hereby transferred under a type 2 transfer, as defined in section 3, chapter 2 of the Session Laws of 1973, to the…

There is hereby created within the Department of Agriculture and Natural Resources the office of agricultural and natural resources policy. The office is responsible for researching and developing factual information on issues affecting the State of South Dakota and its agricultu…

The Department of Agriculture and Natural Resources shall consist of such divisions as the secretary determines in accordance with §

No rule that has been promulgated pursuant to Title 34A, 45, 46, or 46A may be more stringent than any corresponding federal law, rule, or regulation governing an essentially similar subject or issue. Source: SL 1992, ch 254 , § 100; SDCL § 1-40-4.1; SL 2021, ch 1 (Ex. Ord. 21-3)…

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the Department of Agriculture created by chapters 38-1 , 39-1 , 40-37 , 41-20 , 54-13 , and the functions…

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, administer all the functions of the following former agencies: (1) The Division of Markets created by chapter 38-1 ; (2) The Division …

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the following boards and commissi…

1-41-6

1-41-6.1 State Conservation Commission--Organization. 1-41-7

The State Conservation Commission, created by § 38-7-3 , shall continue within the Department of Agriculture and Natural Resources. Source: SL 1975, ch 23 , § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 48, eff. Apr. 19, 2021; SL 2024, ch 166 , § 2. 1-41-7. Repealed by SL 1974, ch 6 , § …

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