Title 38 — AGRICULTURE AND HORTICULTURE

Terms as used in this chapter mean: (1) "Commission," the State Conservation Commission established by § 38-7-3 ; (2) "Conservation standards" or "standards," soil loss tolerance limits as developed pursuant to this chapter; (3) "Districts," conservation districts established pur…

The State Conservation Commission shall, within six months of receipt of a district's proposed standards, review and recommend any changes the commission deems necessary to the success of the district program. Source: SL 1976, ch 242 , § 7.

To carry out its program, each district, in cooperation with other local units of government, shall, within three months after the guidelines have been reviewed by the commission, adopt conservation standards consistent with the control of erosion and sediment resulting from land…

Revision of the conservation standards, in whole or in part, may be proposed by the conservation district governing board or by a petition signed by the number of voters equal to ten percent of the qualified voters in a district. Source: SL 1976, ch 242 , § 9; SL 1980, ch 269 , §…

A petition pursuant to § 38-8A-12 shall be filed with the conservation district supervisors. The filing of a petition shall require the submission of the named conservation district standards to an election of the qualified voters of the district. However, if the supervisors appr…

An election under the provisions of §§ 38-8A-12 and 38-8A-12.1 shall be conducted at the next general election within the counties comprising the territory of the conservation district. Unless otherwise provided for in this chapter, the conduct of any election held under §§ 38-8A…

If proposed land - disturbing activities are to be performed on state lands or by or on behalf of a state or local unit of government, plans for erosion and sediment control shall be in accordance with standards for erosion and sediment control established pursuant to this chapte…

Land - disturbing activities, carried out under contract with an agency of the state or with any of its local political subdivisions, shall be subject to the enforcement action of such agency or subdivision. Source: SL 1976, ch 242 , § 16.

Neither the State Conservation Commission nor the conservation districts may issue permits under the provisions of this chapter. Source: SL 1976, ch 242 , § 12.

After formal adoption of district conservation standards, each permit - issuing authority lying within the territorial limits of the conservation district, shall include provisions in its permit procedure to ensure that any proposed action relating to a permit is in compliance wi…

No person engaging in land - disturbing activities is required to prepare a plan, file an application or otherwise report these activities to the conservation district, except as provided for in §

Upon the determination by the conservation district, pursuant to § 38-8A-20 , that a land - disturbing activity is violating adopted standards, the land disturber shall be required to prepare an erosion and sediment control plan within six months, and have the plan approved by th…

Any person found to have engaged in land disturbing activities pursuant to § 38-8A-20 who intentionally refuses or fails to comply with the action directed by the petitioned agency, may lose eligibility for financial assistance from any state agency or political subdivision of th…

The conservation districts or permit - issuing authority may, in carrying out their responsibilities under this chapter, grant a variance to any land disturber to allow additional time in meeting the requirements of this chapter. Source: SL 1976, ch 242 , § 19.

The term, land - disturbing activity, as used in this chapter, means any clearing, tilling, grazing, grading, excavating, transporting, and filling of land, and the implementation of silviculture activities resulting in soil erosion from water or wind and the movement of sediment…

Any person who is adversely affected by land - disturbing activities may file a petition with the conservation districts or with the permit - issuing authority having jurisdiction thereof, alleging a violation of this chapter. The petitioned agency shall investigate and determine…

Either a permit - issuing authority, or a district may, upon petition or its own volition, in the enforcement of its orders, commence an action in circuit court for an injunction or other appropriate relief to enforce the provisions of this chapter. Source: SL 1937, ch 19 , § 10;…

The owner or operator of real property in this state shall prevent dust blowing and soil erosion, as nearly as can be done, by practices which will prevent or minimize blowing dust and erosion of the soil. If dust blowing is evident, such practices shall include, to the extent pr…

If the board of supervisors of any district is advised, in a written or electronic form, that soil is blowing from any land, or if any land in the county, roads, or public property, is being damaged, as the result of blowing soil, the board must inspect the land. If the board fin…

Upon a finding by the board of supervisors that an emergency exists, the board of supervisors shall notify the county commissioners who shall issue an order to each of the persons at the address shown on the records of the county director of equalization. The order shall be issue…

The board may perform the treatment ordered pursuant to § 38-8A-24 if the person named in the order fails to commence treatment within three days from the date of mailing, posting, or serving of notice, or at a later time specified by the order. The board may also perform the tre…

Upon the completion of the treatment performed pursuant to § 38-8A-25 , the board of supervisors shall determine the land so benefited and notify the board of county commissioners, who shall assess against that land the cost of the treatment. The assessment may be made only again…

All amounts collected shall be transmitted to the county treasurer, who shall credit the money to the local conservation district. The county treasurer may not collect any fees for the collection of the assessments. Source: SL 1984, ch 263 , § 6.

The board of supervisors of any conservation district where land is being eroded may enter into any agreement with the federal government or any agency thereof, the State of South Dakota or any agency thereof, or any other conservation district, or other county or counties, for c…

The conservation districts shall file with the Conservation Commission an itemized annual report noting the number and nature of violations of this chapter. The report shall be filed within sixty days after the end of the conservation district's fiscal year. Source: SL 1997, ch 2…

The commission shall develop comprehensive state erosion and sediment control guidelines. These guidelines are to be developed with full opportunity for citizen participation in accordance with chapter 1-26 . Source: SL 1976, ch 242 , § 2; SL 2024, ch 167 , § 1.

The guidelines developed by the State Conservation Commission shall consist of recommended soil loss limits and suggested conservation practices. Source: SL 1976, ch 242 , § 4.

The guidelines for carrying out the program shall be based upon the following: (1) Relevant physical and developmental information concerning the watersheds and drainage basins of the state, including, but not limited to, data relating to land use, soils, hydrology, geology, size…

The supervisors of each district in the state, in cooperation and consultation with counties, municipalities, and other affected units of local government shall, within twelve months after the adoption of the state guidelines, develop proposed district conservation standards. The…

38-8A-9 Transmittal of proposed standards to commission for review. 38-8A-10 Review of standards by commission--Recommendations as to changes. 38-8A-11 Adoption of conservation standards by districts--Cooperation with other local units. 38-8A-12 Governing board resolution or vote…

Before adopting or revising conservation standards, a district shall conduct a public hearing on the proposed standards or revisions. Notice of such hearing shall be published once a week for at least two successive weeks in a newspaper of general circulation in the area affected…

Upon the development of proposed standards as provided by § 38-8A-6 , such standards shall be forwarded to the State Conservation Commission for review and comment. Source: SL 1937, ch 19 , § 7; SDC 1939, § 4.1509; SL 1947, ch 12 ; SL 1953, ch 7 , § 2; SDC Supp 1960, § 4.1509 (2)…