Title 38 — AGRICULTURE AND HORTICULTURE

Source: SL 1937, ch 19 , § 5; SDC 1939, § 4.1507; SL 1947, ch 11 ; SL 1959, ch 3 , § 4; SDC Supp 1960, § 4.1507 (5); SL 1994, ch 316 , § 8.

Any ten percent of the voters registered for the last general election within the limits of a territory proposed to be organized into a conservation district may file a petition with the State Conservation Commission asking that a conservation district be organized to function in…

The Division of Resource Conservation and Forestry shall issue the notices and conduct the hearings and referenda required by §

The State Conservation Commission may not determine that the operation of a proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district…

The Division of Resource Conservation and Forestry shall publish the result of such referendum and the State Conservation Commission shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and fea…

In determining whether the operation of a proposed district is administratively practicable and feasible, the State Conservation Commission shall give due regard and weight to the attitudes of the occupiers of land lying within the defined boundaries, the probable expense of carr…

After six months shall have expired from the date of entry of a determination by the State Conservation Commission that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to such determination, subsequent petitions …

At the general election that includes the referendum on the establishment of a conservation district, five supervisors shall be elected as provided in §

The five supervisors elected pursuant to § 38-8-15 shall present to the secretary of state an application signed and sworn to by them to complete the organization of the district. The application shall contain: (1) A statement that a petition for the creation of the district was …

The secretary of state shall file and record the application and statement required by § 38-8-16 in an appropriate book of record in his office and shall make and issue to the said supervisors a certificate, under the seal of the state, of the due organization of the said distric…

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of a conservation district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the i…

Petitions in a form approved by the State Conservation Commission for including additional territory within an existing conservation district may be filed with the commission, and the proceedings provided for in §§ 38-8-2 to 38-8-18 , inclusive, in the case of petitions to organi…

Within sixty days after a petition under § 38-8-1 has been filed with the commission, the commission shall publish a notice as defined in § 38-7-2 of a hearing upon the question of the: (1) Desirability and necessity, in the interest of the public health, safety, and welfare, of …

Supervisors of a conservation district are hereby authorized, to amend the district charter of organization, to include lands previously excluded from the district and lying within the district boundaries as hereinafter provided. The conservation district supervisors shall give d…

After giving due consideration to testimony presented at the hearing required by § 38-8-20 , and receiving consent from the governing or administrative body having jurisdiction over such excluded territory, the conservation district supervisors may adopt a resolution including su…

Petitions may be filed with the State Conservation Commission for a hearing and referendum on the combination of two or more districts, or for the division of one or more districts and the combination of any divided part thereof with any other district or a part of a divided dist…

In lieu of the petition process authorized under § 38-8-22 , the conservation district governing boards of the affected districts may propose and adopt a resolution calling for the combining or dividing of districts and present it to the registered voters for a vote at the next g…

Within sixty days after receipt of a petition pursuant to § 38-8-22 or within sixty days after the receipt of a resolution pursuant to § 38-8-22 .1, the State Conservation Commission shall set a date for a hearing and issue notices and conduct a hearing upon the proposition of co…

If the State Conservation Commission shall determine upon the facts presented at the hearing pursuant to § 38-8-23 and information as may be available that the combination of such districts or territory is economically practicable and feasible, the commission shall make and recor…

Any time within sixty days after the hearing and determination by the State Conservation Commission pursuant to §§ 38-8-23 and 38-8-24 , the commission shall act upon the petition in accordance with procedures prescribed in this chapter for organization of a district. Source: SDC…

Within sixty days after the hearing and determination pursuant to §§ 38-8-23 and 38-8-24 , the Division of Resource Conservation and Forestry shall appoint five supervisors to serve until the next general election, when all supervisors shall be elected. Source: SDC 1939, § 4.1517…

The requirements of §§ 38-8-16 to 38-8-18 , inclusive, apply to applications for issuance of certificates of organization for new districts pursuant to §

In making the determination required by § 38-8-4 and in defining the boundaries of a conservation district, the State Conservation Commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the d…

Petitions signed by a majority of the members of each of the governing bodies of adjoining conservation districts may be filed with the State Conservation Commission asking that the boundary line between such districts be changed. Such petitions shall set out the existing boundar…

Within thirty days after a petition has been filed pursuant to § 38-8-30 , the commission shall provide due notice as defined in § 38-7-2 of a public hearing upon the question of the proposed change of boundary. Any interested person may attend the hearing and be heard. Source: S…

After hearing pursuant to § 38-8-31 , the State Conservation Commission shall determine whether the operation of the said districts within the proposed new boundaries would be administratively practicable and feasible. In making such determination, the commission shall give consi…

Upon determination by the State Conservation Commission in favor of a proposed change of district boundaries, the chairmen of the governing bodies of the districts shall present to the secretary of state an application, signed by them for a certificate evidencing the change of bo…

Petitions for changing the names of districts organized under this chapter may be filed with the State Conservation Commission. Any such petition shall be signed by a majority of the district supervisors and shall state the present name of the district and the proposed new name. …

38-8-39 Composition of district governing board--Number and qualifications of supervisors--Notice of available district offices--Nominating petitions--Election procedure. 38-8-39.1

The governing body of a district shall consist of a board of supervisors. Each conservation district shall have a board of supervisors consisting of five members, each of whom shall be elected on a nonpartisan ballot at a general election and whose term of office shall be four ye…

38-8-40

After a hearing pursuant to § 38-8-2 , if the State Conservation Commission shall determine upon the facts presented at such hearing and upon such other relevant facts and information as may be available that there is need, in the interest of public health, safety, and welfare, f…

38-8-41

38-8-42 Terms of office of district supervisors. 38-8-43 Removal of supervisor from office. 38-8-44 Filling of vacancies in district board. 38-8-45 Chairman and officers of district board--Quorum--Majority required for actions. 38-8-45.1 Meetings and hearings of district supervis…

For the purpose of staggering terms, at the first general election, the three at-large candidates receiving the largest number of votes shall be elected for a four-year term, and the two candidates receiving the next highest number of votes shall be elected for two-year terms. In…

Any supervisor of a conservation district may be removed by the State Conservation Commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. Source: SL 1937, ch 19 , § 7; SDC 1939, § 4.1509; SL 1947, ch 12 ; SDC Supp 1960, § 4.1509…

Vacancies in the term of any supervisor of a conservation district shall be filled by appointment by a majority of the other district supervisors, such appointee to serve until the next general election at which time such vacancy shall be filled by the voters for the unexpired te…

At the first meeting in January of each year the supervisors of a conservation district shall designate a chairman, vice - chairman, a secretary, and a treasurer, or a secretary - treasurer. The treasurer, or secretary - treasurer, if combined, need not be a member of the board o…

Except as otherwise provided by law, all meetings and hearings of the board of supervisors shall be open to the public and publicized as may be determined by the board. Source: SDC Supp 1960, § 4.1509 (4) as enacted by SL 1968, ch 1 , § 9.

A supervisor of a conservation district may receive compensation for his services and he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties. Source: SL 1937, ch 19 , § 7; SDC 1939, § 4.1509; SL 1947, ch 12 ; SL 1953, c…

The supervisors of a conservation district may employ such agents and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney general of the state and state's attorney …

The supervisors of a conservation district may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions and orders …

A conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the following powers, i…

If the State Conservation Commission shall determine after a hearing pursuant to § 38-8-2 , after due consideration of the relevant facts mentioned in § 38-8-3 , that there is no need for a conservation district to function in the territory considered at the hearing, it shall mak…

A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to develop annual and long range ten - year comprehensive plans, which plans may be prepared with the cooperation and assistance of the Sta…

The supervisors of a conservation district may invite the governing body of any political subdivision of this state located near or within the territory comprising the district to designate a representative to advise and consult with the board on all questions of program and poli…

A conservation district may join together with one or more political subdivisions to plan, consult, and coordinate their efforts to implement area - wide waste treatment under the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) within designated water quality…

The supervisors of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter. Source: SL 1937, ch 19 , § 12; SDC 1939, § 4.1514.

There is hereby created the conservation district special revenue fund to be used for the purpose of aiding, assisting, and cooperating with conservation districts of the state in securing by purchase, or otherwise, necessary equipment, trees, and other planting materials, and su…

The conservation district special revenue fund shall be made available to watershed districts of the state on a reimbursable basis, by watershed districts participating in such special revenue funds, for the purpose of obtaining options, easements and rights - of - way for waters…