Title 38 — AGRICULTURE AND HORTICULTURE
43 chapters · 782 sections in this title.
SDCL § 38-8-54 District power to receive loans from special revenue fund
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A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to make loans from the State of South Dakota from funds available through the conservation district special revenue fund on a reimbursable …
SDCL § 38-8-54.1 Borrowing funds and pledging credit of district authorized
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The conservation districts may borrow funds to meet the necessities arising from the operation and maintenance of the conservation district, and may pledge the credit of the district for the payment of the obligations. Source: SL 1979, ch 263 .
SDCL § 38-8-55 County contributions to districts--Financial statement filed with county commissioners
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The board of county commissioners may contribute funds to conservation districts. The funds shall be used to hire employees, purchase supplies, and carry out district programs, for the conservation of natural resources that will protect the tax base of the county and provide for …
SDCL § 38-8-56 Notice and hearing on county contributions to districts
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The power granted by § 38-8-55 can only be exercised after at least one public hearing on the matter. The board of county commissioners shall give at least ten days' notice of such hearing by publication and by posting a copy of such notice at three of the most public places in t…
SDCL § 38-8-57 Annual report filed with county contributing to district--Publication of report
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Any conservation district receiving funds under §§ 38-8-55 and 38-8-56 shall file with the county commissioners an itemized annual financial report within sixty days following the end of the district's fiscal year. Within thirty days of receiving the financial report, the county …
SDCL § 38-8-58 Acquisition, administration, improvement, and disposition of property by district
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A conservation district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter: (1) To obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property…
SDCL § 38-8-59 Exemption from general laws applicable to public property
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No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized under this chapter unless the Legislature shall specifically so state. Source: SL 1937, ch 19 , § 8; SDC 1939, § 4.1510 (3).
SDCL § 38-8-6 Consideration of administrative practicability and feasibility of district
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After the State Conservation Commission has made and recorded a determination that there is need for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such bou…
SDCL § 38-8-60 Construction, operation and maintenance of structures by district
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A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to construct, improve, operate, and maintain such structures as may be necessary or convenient for the performance of any of the operations…
SDCL § 38-8-61 District conservation measures on public and private land
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A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to carry out soil erosion preventive and control measures and works of improvement for flood prevention or the conservation development, ut…
SDCL § 38-8-62 Administration and management of projects--Acceptance of contributions
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A conservation district and its supervisors may: (1) Take over, by purchase, lease, or otherwise, and administer any natural resources conservation, flood prevention, and agricultural water management, erosion control, or erosion prevention project located within its boundaries u…
SDCL § 38-8-63 Cooperation with and aid to other public agencies or land occupiers in conservation measures
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A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial…
SDCL § 38-8-64 Assistance to land owners
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A conservation district and its supervisors may make available, on terms as it prescribes, to land owners within the district, equipment, material, or supplies as may be available to assist the land owners to carry on operations for the conservation of natural resources and for t…
SDCL § 38-8-65 Contributions and land - use agreements required as conditions to assistance provided by district
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As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the supervisors of a conservation district may require contributions in money, services, materials, or o…
SDCL § 38-8-7 Referendum on creation of district--Form of ballot--Right to vote
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To assist the State Conservation Commission in the determination of the administrative practicability and feasibility of a conservation district, the commission shall hold a referendum within the proposed district upon the proposition of the creation of the district, and shall ca…
SDCL § 38-8-8 Timing of referendum on creation of district
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The elections held under § 38-8-7 shall be conducted at the next general election within the county or counties comprising the territory of the proposed conservation district. Source: SL 1959, ch 3 , § 7; SDC Supp 1960, § 4.1507-1; SL 1994, ch 316 , § 4.
SDCL § 38-8-9 Conduct of election on creation of district--Certification of results
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The conduct of any election held under § 38-8-7 shall be governed by the general election laws of South Dakota. The results of the election shall be certified to the State Conservation Commission by the county commission of each county in which the election is conducted. Source: …
SDCL § 38-8-90 Petition for dissolution of district--Number of signers--Public meetings and hearings
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After five years following the organization of a district under the provisions of this chapter, but before April first of the year in which the general election is to be held, any ten percent of the voters registered for the last general election within the boundaries of the dist…
SDCL § 38-8-90.1 Governing board resolution for dissolution of district--Vote at general election
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In lieu of the petition process authorized in § 38-8-90 , a conservation district governing board may propose and adopt a resolution calling for the dissolution of the district and present it to the people for a vote at the next general election under the requirements of §
SDCL § 38-8-91 Frequency of petitions for dissolution of district
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The State Conservation Commission shall not entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this chapter, more often than once in three yea…
SDCL § 38-8-92 Referendum on petition for dissolution of district--Form of ballot--Right to vote
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Within one hundred twenty days after a petition pursuant to § 38-8-90 has been received by the State Conservation Commission and a finding by the commission of public support for a referendum, the Division of Resource Conservation and Forestry shall give due notice, as defined in…
SDCL § 38-8-93 Timing of referendum on dissolution of district
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The elections held under § 38-8-92 shall be conducted at the next general election. Source: SL 1959, ch 3 , § 7; SDC Supp 1960, § 4.1507-1; SL 1994, ch 316 , § 29.
SDCL § 38-8-94 Conduct of election on dissolution of district--Certification of results
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The conduct of elections held under § 38-8-92 shall be governed by the general election laws. The county commission in each county in which the election is conducted shall certify the results of the election to the State Conservation Commission. Source: SL 1959, ch 3 , § 7; SDC S…
SDCL § 38-8-95 Referendum on dissolution of district valid despite informalities
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No informalities in the conduct of a referendum pursuant to § 38-8-92 or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as provided in subdivision 38-7-2(5) and said referendum shall hav…
SDCL § 38-8-96 Determination of administrative practicability and feasibility of continued operation of district--Majority vote requiring discontinuance
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The State Conservation Commission shall determine after a referendum pursuant to § 38-8-92 whether continued operation of the district is administratively practicable and feasible and shall certify such determination to the supervisors of the district. The commission may determin…
SDCL § 38-8-97 Termination of district affairs on determination by state commission--Disposition of district property
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Upon receipt from the State Conservation Commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this chapter, the supervisors shall terminate the…
SDCL § 38-8-98 Application to secretary of state for certificate of dissolution--Recitals in application--Issuance of certificate
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Upon compliance with § 38-8-97 , the supervisors shall file an application, duly verified, with the secretary of state for the discontinuance of the conservation district, and shall transmit with such application the certificate of the State Conservation Commission setting forth …
SDCL § 38-8-99 Ordinances and regulations terminated on dissolution of district--Division substituted as party to contracts--Liens and pending actions
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Upon issuance of a certificate of dissolution under the provisions of this chapter, all ordinances and regulations theretofore adopted and in force within the conservation district shall be of no further force and effect. All contracts theretofore entered into, to which the distr…