Title 38, AGRICULTURE AND HORTICULTURE

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…

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)…

It is hereby declared to be the public policy of the State of South Dakota to protect and foster the health, prosperity, and general welfare of its people by protecting and stabilizing the wheat industry and the economy of the areas producing wheat. The wheat commission establish…

The wheat commission shall elect a chairman, vice - chairman, secretary, and treasurer from among its members. The commission shall meet at least once every three months and at such other times as called by the chairman or by any two members of the commission. Source: SL 1961, ch…

The wheat commission may appoint a full-time executive director to carry out the provisions of this chapter. The executive director shall receive compensation as determined by the commission subject to § 38-10-14 . The executive director may not be one of the appointed commission…

In the administration of this chapter, the wheat commission may: (1) Expend the funds collected pursuant to this chapter; (2) Appoint, discharge, fix compensation for and prescribe the duties of such personnel as it may deem necessary subject to Bureau of Human Resources and Admi…

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission shall have the power to formulate the general policies and programs of the State of South Dakota respecting the discovery, promotion, and development of markets and indust…

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may conduct, in addition to the things enumerated, any other program for the utilization, research, and market development of wheat grown in the State of South Dakota. Sou…

The wheat commission shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with proper local, state, or national organizations, public or private, in carrying out the purposes of this chap…

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission shall have the power to adopt and devise a program of education and publicity. Source: SL 1961, ch 11 , § 9 (2).

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may cooperate with local, state, or national organizations, whether public or private, in carrying out the purposes of this chapter, and may enter into such contracts as m…

Terms used in this chapter mean: (1) "Commercial channels," the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat; (2) "Commission" or "wheat comm…

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures for fee collection for wheat sold eithe…

All records of the wheat commission shall be kept at least three years. Source: SL 1961, ch 11 , § 16 (3).

There is hereby assessed a promotional fee of four-tenths of one percent of the value of the net market price per bushel upon all wheat sold through commercial channels in the State of South Dakota. The fee shall be assessed and imposed on the grower at the time of sale or delive…

The fee, herein levied and imposed by the provisions of § 38-10-22 , shall not apply to the sale of wheat to the federal government for ultimate use or consumption by the people of the United States, where the State of South Dakota is prohibited from imposing such fee by the Cons…

The fee established pursuant to § 38-10-22 , shall be deducted, as provided by this chapter, whether such wheat is stored or sold in this or any other state. However, if agreements have not been made with dealers outside of the state for collecting the fee, the grower shall remit…

The purchaser, at the time of settlement of the purchase, shall make and deliver a proof of purchase to the grower. This proof of purchase document may be a settlement sheet, a check stub, or other legible document showing: (1) The name of the grower and seller; (2) The name and …

The proof of purchase documents, referred to in § 38-10-25 , shall be legibly written and have no corrections or erasures on the face thereof. Any person who alters any part of any proof of purchase documents in an attempt to defraud the wheat commission is guilty of a Class 2 mi…

The purchaser shall render and have on file a report with the commission by the thirtieth day following the end of each calendar quarter. The report shall be on forms provided by the commission and shall display the number of bushels of wheat purchased in the preceding quarter an…

In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, the fee assessed by § 38-10-22 shall be deducted from the proceeds of such loans at the time the loans are made, or be deducted thereafter by agencies of the federal gover…

Forms supplemental or alternate to those approved in § 38-10-28 which may be proposed by the Commodity Credit Corporation and contain the necessary information may be used without revision of this chapter. Source: SL 1961, ch 11 , § 12 (2).

There is hereby established a wheat commission for the utilization, research, and market development of wheat grown in South Dakota. The commission shall be composed of five members who shall be participating growers. The members of the commission shall be appointed by the Govern…

The Wheat Utilization, Research and Market Development Commission shall have the quasi - judicial, quasi - legislative, advisory, other administrative and special budgetary functions (as defined in § 1-32-1 ) vested in it. Source: SL 1973, ch 2 , § 134; SL 1993, ch 302 , § 3.

The Commodity Credit Corporation's use of identification numbers in lieu of the name of the grower from whom the fee was collected is hereby approved, such approval being in consideration of assurance received from the Commodity Credit Corporation that authorized officials of the…

If such wheat, described in § 38-10-28 , remains in farm storage for the duration of such pledge or mortgage, the promotional fee so paid at the time the loan was made shall be deemed a complete satisfaction of the promotional fee liability unless upon subsequent actual delivery …

In connection with the collection of the wheat promotional fee on Commodity Credit Corporation wheat loans disbursed and purchase agreement settlement made, undercollections or overcollections of the wheat promotional fee amounting to one dollar or less as a result of errors, wil…

If any person, business or entity, public or private, subject to the fee under § 38-10-22 , fails to make a report and remittance when and as required in this chapter, the executive director of the wheat commission shall determine the amount of such fee according to his best judg…

Any person, firm, or corporation subject to the fee provided in this chapter that objects to the collection of the fee may, within sixty days following the collection, apply to the wheat commission for a refund of the fee. Upon the return of the refund application, accompanied by…

All moneys received on behalf of the wheat commission from the fees assessed in § 38-10-22 , shall be deposited in a special revenue fund created in the state treasury and shall be continuously appropriated to the commission. Expenditures of these funds shall be disbursed solely …