Title 34A — ENVIRONMENTAL PROTECTION

The Game, Fish and Parks Commission may not add a species to nor remove a species from any list pursuant to § 34A-8-3 or 34A-8-4 , until it has: (1) Promulgated a rule, pursuant to chapter 1-26 , for the addition or removal of the subject species; and (2) Notified the Governor of…

The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources shall perform those acts necessary for the conservation, management, protection, restoration, and propagation of endangered, threatened, and nongame species of wildlife. Source: SL 1977…

The secretary of agriculture and natural resources and the secretary of game, fish and parks shall establish programs, with legislative approval and may enter into cooperative agreements with federal and state agencies or with private persons as deemed necessary for the managemen…

The secretary of agriculture and natural resources and the secretary of game, fish and parks may permit the taking, possession, purchase, sale, transportation, exportation, or shipment of species of plants or wildlife which appear on the state list of endangered or threatened spe…

Except as otherwise provided in this chapter, no person may take, possess, transport, import, export, process, sell, or offer for sale, buy or offer to buy, nor may a common or contract carrier transport or receive for shipment, any species of wildlife or plants appearing on the …

Definitions of terms in §§ 34A-8A-2 to

The secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission shall establish, by rules promulgated pursuant to chapter 1-26 , a list of species of management concern. In determining whether a species should be listed, the following …

Rules promulgated pursuant to § 34A-8A-2 shall be conducted jointly by both the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission, including joint notice, publication, hearings, and decision - making. Source: SL 2001, ch 191 , § 3; SL 2021, c…

If so requested, the departments may render assistance and advice regarding species of management concern including: (1) Providing information to the public and property owners regarding the species of management concern and its characteristics, ecosystem values, and habitat; and…

The following acts or omissions constitute nuisances: (1) Engaging in practices which allow or cause a species of management concern to encroach upon the property of another or injure or endanger the property of another; or (2) Failure to control the species of management concern…

In addition to any other remedies at law, the remedies set forth in chapter 21-10 apply to the nuisances described in §

Designation as a species of management concern abrogates any previous designation as a weed or pest. Source: SL 2001, ch 191 , § 7.

The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources are directed to develop a state prairie dog management plan. The plan shall formulate state management actions that will serve to prevent the prairie dog from being listed as a federal …

The Department of Agriculture and Natural Resources and the Department of Game, Fish and Parks shall submit any changes or amendments to any plan approved by the Legislature pursuant to § 34A-8A-8 for legislative approval before the changes or amendments may take effect. Source: …

Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Agency," the executive and administrative departments, offices, boards, commissions, and other units of the state government; (2) "Board," the Board of Minerals and Environment; (3) "Draft environmen…

When an agency decides to carry out or approve an action which has been the subject of an environmental impact statement, it shall make an explicit finding that the requirements of this chapter have been met and that all feasible action will be taken to minimize or avoid environm…

To avoid duplication of effort and to promote consistent administration of federal and state environmental policies, the environmental impact statement required by this chapter need not be prepared with respect to actions for which a detailed statement is required to be prepared …

The requirements of this chapter do not apply to actions undertaken or approved before March 2, 1974. Source: SL 1974, ch 245 , § 7; SDCL Supp, § 11-1A-12; SL 2011, ch 165 , § 136.

There is hereby established in the state treasury a special revolving fund to be designated as the environmental impact statement preparation fund. This fund shall consist of all moneys from all lawful public and private sources including legislative appropriations, federal grant…

This chapter may be cited as the South Dakota Environmental Policy Act. Source: SL 1974, ch 245 , § 9; SDCL Supp, § 11-1A-13.

As used in this chapter, the term, actions, includes: (1) New and continuing projects or activities directly undertaken by any public agency, or supported in whole or part through contracts, grants, subsidies, loans, or other forms of funding assistance from one or more public ag…

As used in this chapter, the term, actions, does not include: (1) Enforcement proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings; (2) Actions of a ministerial nature, involving no exercise of discretion; (3) Emergen…

All agencies may prepare, or have prepared by contract, an environmental impact statement on any major action they propose or approve which may have a significant effect on the environment. Any agency which prepares, or has prepared by contract, an environmental impact statement …

Any agency, other than the Public Utilities Commission, which causes an environmental impact statement to be prepared by contract shall select a contractor proposal acceptable to both the agency and the person seeking a lease, permit, license, or other public entitlement. Source:…

Any environmental impact statement fee paid pursuant to the provisions of § 34A-9-4 is appropriated continuously to the agency assessing the fee to be expended for the purposes of §

As early as possible in the formulation of a proposal for action that is likely to require the preparation of an environmental impact statement, the responsible agency may prepare or may have prepared a draft environmental statement describing in detail the proposed action and re…

The purpose of a draft environmental statement is to inform the public and other public agencies as early as possible about proposed actions that may significantly affect the quality of the environment, and to solicit comments which will assist the agency in determining the envir…

An environmental impact statement shall be prepared in accordance with the procedural requirements relating to citizen participation of the National Environmental Policy Act of 1969 as amended to January 1, 2011, and implementing regulations adopted pursuant to that act, and shal…

The draft statement shall be circulated for comment among other public agencies which have jurisdiction by law or special expertise with respect to any environmental impact involved and shall be made available for comment by relevant federal agencies and interested members of the…

The environmental impact statement, prepared pursuant to § 34A-9-4 , together with the comments of public and federal agencies and members of the public, shall be filed with the office of the secretary and made available to the public at least thirty days prior to taking agency a…

The attorney general, any political subdivision of the state, any instrumentality, or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity may maintain an actio…

The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that such conduct is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for t…

The court may grant temporary and permanent equitable relief, or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust therein from pollution, impairment, or destruction. Source: SL 1973, ch 144 , § 5 (…

Costs may be apportioned to the parties if the interests of justice require. Source: SL 1973, ch 144 , § 4 (3); SDCL Supp, § 21-10A-12.

The doctrines of collateral estoppel and res judicata shall be applied by the court to prevent multiplicity of suits. Source: SL 1973, ch 144 , § 6 (3); SDCL Supp, § 21-10A-13.

This chapter shall be supplementary to existing administrative and regulatory procedures. Source: SL 1973, ch 144 , § 7; SDCL Supp, § 21-10A-14.

This chapter shall be known and may be cited as the "South Dakota Environmental Protection Act of 1973." Source: SL 1973, ch 144 , § 1; SDCL Supp, § 21-10A-15.

The department need not exhaust its administrative remedies, if any exist, before commencing any action to enforce the provisions of Title 34A, 45, or 46. Source: SL 1991, ch 288 , § 17.

If administrative, licensing, or other proceedings, and judicial review thereof are available by law, the agency may permit the attorney general, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, …

Any person making application to the Water Management Board or the Board of Minerals and Environment for a permit, a license, or an extension, amendment, or renewal of an existing permit or license, which authorizes activity that could result in a significant risk of pollution, c…

All right and title in any bond or other security required by the Water Management Board or the Board of Minerals and Environment under any provision of this title, Title 45, or Title 46 for the protection of the environment or reclamation of lands or other resources shall be in …

The state, with any board or court approval necessary, as provided in the permit or security instrument required under § 34A-10-2.1 or 34A-10-2.2 , may use the security as necessary for the cleanup and remediation of environmental problems related to the activity for which the se…

The Water Management Board and the Board of Minerals and Environment shall establish, by rules promulgated pursuant to chapter 1-26 : (1) Criteria to determine the amount of security required and other terms as necessary to define the respective obligation of the parties; (2) The…

The secretary of the Department of Agriculture and Natural Resources may bring an action without furnishing of bond, for an injunction against any person who fails to comply with an order issued by the secretary or any official under the secretary's supervision having authority t…

If necessary cleanup and remediation of environmental problems related to the site-specific activity for which security was provided in accordance with § 45-9-15 is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursua…

If the court has reasonable ground to doubt the solvency of the plaintiff or the plaintiff's ability to pay any cost or judgment which might be rendered against the plaintiff in an action brought under this chapter, the court may order the plaintiff to post a surety bond or cash …

The court may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a record and a report of his or her findings to the court in the action. Source: SL 1973, ch 144 , § 4 (2); SDCL Supp, § 21-10A-4; SL 2011, ch 165 …

If, in an action pursuant to § 34A-10-1 , administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings. The proceedings shall be conducted in accordance with a…

If judicial review of any administrative, licensing, or other proceeding is available, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review. Source: SL 1973, ch 144 , § 5 (4); SDCL Supp, § 21-10A-6; SL 2011, ch 165 , § 143.

Upon completion of proceedings under § 34A-10-5 , the court shall adjudicate the impact of the defendant's conduct on the air, water, or other natural resources and on the public trust therein in accordance with this chapter. In such adjudication the court may order that addition…