Title 38 — AGRICULTURE AND HORTICULTURE

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…

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 …

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…

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).

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…

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…

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…

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…

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…

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…

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…

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…

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.

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: …

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…

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 §

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…

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…

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.

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…

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…

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…

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…

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 …

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…

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…