43 chapters · 782 sections in this title.
SDCL § 38-6-11 Transferred to § 1-53-33 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 52, eff. Apr. 14, 2019.
SDCL § 38-6-12 Transferred to § 38-1-51 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 52, eff. Apr. 14, 2019.
SDCL § 38-6-13 Transferred to § 1-53-34 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 54, eff. Apr. 14, 2019.
SDCL § 38-6-14 Transferred to § 1-53-35 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 55, eff. Apr. 14, 2019.
SDCL § 38-6-15 Transferred to § 1-53-36 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 56, eff. Apr. 14, 2019.
SDCL § 38-6-16 Transferred to § 1-53-37 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 57, eff. Apr. 14, 2019.
SDCL § 38-6-3 Transferred to § 1-53-24 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 43, eff. Apr. 14, 2019.
SDCL § 38-6-4 Transferred to § 1-53-25 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 44, eff. Apr. 14, 2019.
SDCL § 38-6-5 Transferred to § 1-53-26 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 45, eff. Apr. 14, 2019.
SDCL § 38-6-6 Transferred to § 1-53-27 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 46, eff. Apr. 14, 2019.
SDCL § 38-6-7 Transferred to § 1-53-28 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 47, eff. Apr. 14, 2019.
SDCL § 38-6-8 Transferred to § 1-53-29 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 48, eff. Apr. 14, 2019.
SDCL § 38-6-8.1 Transferred to § 1-53-30 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 49, eff. Apr. 14, 2019.
SDCL § 38-6-9 Transferred to § 1-53-31 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 50, eff. Apr. 14, 2019.
SDCL § 38-7-10 Chairman of commission--Delegation of powers and duties
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The State Conservation Commission shall designate its chairman annually. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper. Source: SL 1937, ch 19 , § 4; SDC 1939…
SDCL § 38-7-11 Repealed by SL 1971, ch 23 , § 2 38-7-12 Employment of personnel by division--Legal services
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38-7-13 Record of proceedings kept by division. 38-7-14 Detail of personnel to division by other state agencies. 38-7-15 Assistance in carrying out of district programs. 38-7-16 Interchange of information between districts and division. 38-7-17 Coordination of district programs. …
SDCL § 38-7-12 Employment of personnel by division--Legal services
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The Division of Resource Conservation and Forestry may employ such agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. The division may call upon the attorney general of the state for such legal serv…
SDCL § 38-7-13 Record of proceedings kept by division
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The Division of Resource Conservation and Forestry shall keep full and accurate records of all proceedings and of all resolutions, rules, and regulations, and orders issued or adopted. Source: SL 1937, ch 19 , § 4; SDC 1939, § 4.1504; SL 1963, ch 6 ; SL 1968, ch 1 , § 3; SL 1975,…
SDCL § 38-7-14 Detail of personnel to division by other state agencies
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Upon request of the Division of Resource Conservation and Forestry for the purpose of carrying out any of its functions, the supervising officer of any state agency, or any state institution of learning shall, insofar as may be possible under available appropriations, and having …
SDCL § 38-7-15 Assistance in carrying out of district programs
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In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8 , it shall have the duty and power to offer such assistance as may be appropriate to the supervisors of conservation districts, organized as provided in chapter …
SDCL § 38-7-16 Interchange of information between districts and division
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In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8 , it shall have the duty and power to keep the supervisors of each of the several districts organized under the provisions of chapter 38-8 informed of the activi…
SDCL § 38-7-17 Coordination of district programs
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The Department of Agriculture and Natural Resources may coordinate the programs of conservation districts, so far as this may be done by advice and consultation. Source: SL 1937, ch 19 , § 4; SDC 1939, § 4.1506 (3); SL 2024, ch 166 , § 8.
SDCL § 38-7-18 Assistance provided to districts by federal and state agencies
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In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8 , it shall have the duty and power to secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the w…
SDCL § 38-7-19 Dissemination of information--Encouraging formation of districts
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In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8 , it shall have the duty and power to disseminate information throughout the state concerning the activities and programs of the conservation districts organized…
SDCL § 38-7-2 Definitions
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Terms used in this chapter or chapter 38-8 mean: (1) "Agency of this state," the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state; (2) "Commission," the State Conservation Commission; (3) "District" …
SDCL § 38-7-2.1 Division of Resource Conservation and Forestry created
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There is hereby created within the Department of Agriculture and Natural Resources created by chapter 1-41 a Division of Resource Conservation and Forestry. Source: SL 1975, ch 23 , § 1; SL 1995, ch 310 (Ex. Ord. 95-1), §§ 16, 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 1…
SDCL § 38-7-2.2 Repealed
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Source: SL 1975, ch 23 , § 2; SL 1981, ch 11 , § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2024, ch 166 , § 12.
SDCL § 38-7-2.3 Conservation districts--Department oversight
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Subject to § 38-7-3.1 , the Department of Agriculture and Natural Resources shall perform the functions of the commission, as provided for in this chapter and chapter 38-8 , relative to conservation districts. Source: SL 1975, ch 23 , § 3; SL 2024, ch 166 , § 5.
SDCL § 38-7-20 Authority to represent districts--Develop conservation policy--Cooperate with public and private agencies
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The Department of Agriculture and Natural Resources may represent the conservation districts and develop and implement policy for natural resources conservation and development. The department may cooperate at all levels of government, with all agencies, public and private, in th…
SDCL § 38-7-21 Recommendations on programs of local, state, and federal agencies and subdivisions
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In addition to the duties and powers conferred upon the State Conservation Commission in chapter 38-8 , it shall have the duty and power to review and make recommendations within its discretion, in cooperation and consultation with affected districts, on all natural resource deve…
SDCL § 38-7-22 Provision of funds and assistance to districts
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In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry, it shall have the duty and power to provide funds, grants, supplies, and staff assistance to conservation districts and to assist such districts in obtaining technical planning…
SDCL § 38-7-23 Accounting and financial reporting procedures by districts
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In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry, it shall have the duty and power to require proper accounting and financial reporting procedures by conservation districts and to assist in the implementation of these procedur…
SDCL § 38-7-24 Request to Legislature for appropriations
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To accomplish the purposes of the State Conservation Commission and the conservation districts as provided in this chapter and chapter 38-8 , the Division of Resource Conservation and Forestry may present requests to the State Legislature for appropriations adequate to carry out …
SDCL § 38-7-25 Coordinated natural resources conservation fund created--Purposes
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There is hereby created a special fund known as the coordinated natural resources conservation fund. All money in the coordinated natural resources conservation fund is dedicated for the purposes identified in the South Dakota coordinated natural resources plan. Interest earned o…
SDCL § 38-7-26 Source of money in coordinated natural resources conservation fund
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The coordinated natural resources conservation fund consists of money transferred from the sale of motor fuel for nonhighway agricultural uses in the motor fuel tax fund as provided in § 10-47B-149 , and all public and private sources including legislative appropriations or feder…
SDCL § 38-7-27 Coordinated natural resources conservation program established--Promulgation of rules
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The coordinated natural resources conservation program is hereby established. Under this program, the State Conservation Commission may grant funds from the coordinated natural resources conservation fund. The Conservation Commission shall promulgate rules pursuant to chapter 1-2…
SDCL § 38-7-28 Administration of coordinated natural resources conservation program
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The Division of Resource Conservation and Forestry of the Department of Agriculture and Natural Resources shall implement and administer the coordinated natural resources conservation program. Expenses associated with administration of this program and other purposes as authorize…
SDCL § 38-7-29 Natural resources conservation award--Program established--Eligibility--Selection
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The South Dakota natural resources conservation award program is hereby established. Under the program, each conservation district may annually select no more than five residents of the district to receive a natural resources conservation award. To be eligible for an award, a per…
SDCL § 38-7-3 State Conservation Commission established
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There is hereby established the State Conservation Commission. Source: SL 1937, ch 19 , § 4; SDC 1939, § 4.1503; SL 1945, ch 13 ; SL 1949, ch 10 ; SL 1957, ch 4 , § 2; SL 1968, ch 1 , § 2; SL 2024, ch 166 , § 6.
SDCL § 38-7-3.1 Commission administered by department--Functions retained by commission
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The commission is administered by the Department of Agriculture and Natural Resources. The commission shall retain the quasi - judicial, quasi - legislative, advisory, other nonadministrative, and special budgetary functions, as defined in § 1-32-1 , otherwise vested in it, and s…
SDCL § 38-7-30 Natural resources conservation award--Sign--Promulgation of rules
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Each recipient shall receive a sign displaying the words "South Dakota Natural Resources Conservation Award" and "Award Winning Soil Conservation Farm," and the year of the award. The commission shall promulgate rules, pursuant to chapter 1-26 , governing the natural resources co…
SDCL § 38-7-4 Composition of commission--Appointment and terms of members--Vacancies
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The State Conservation Commission is composed of nine members appointed by the Governor. Eight members shall be appointed as follows: one member from a list of three names recommended to the Governor from the South Dakota Municipal League, from its membership to represent the urb…
SDCL § 38-7-5 No more than five members may be from one political party
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Each appointed member shall serve a three-year term. Each conservation district supervisor member shall be, or shall have been a supervisor of a conservation district. A member shall take office on the first day of January of the year following the member's appointment. Each appo…
SDCL § 38-7-6 Nonvoting members of commission--Tenure of office
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The following persons shall serve as nonvoting members of the State Conservation Commission: the director of the state extension service; the director of the state agricultural experiment station located at Brookings; the commissioner of school and public lands; the secretary of …
SDCL § 38-7-7 Accommodations, supplies, and equipment for commission
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The State Conservation Commission shall be supplied with suitable accommodations at the seat of the state government, and shall be furnished with the necessary supplies and equipment. Source: SL 1937, ch 19 , § 4; SDC 1939, § 4.1505; SL 1959, ch 3 , § 2.
SDCL § 38-7-8 Record of commission actions--Seal--Powers
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The State Conservation Commission shall keep a record of its official actions; shall adopt a seal, which seal shall be judicially noticed; and may perform acts, hold hearings, and promulgate rules, pursuant to chapter 1-26 , concerning: (1) The organization and operation of the c…
SDCL § 38-7-9 Quorum of commission
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A majority of the State Conservation Commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. Source: SL 1937, ch 19 , § 4; SDC 1939, § 4.1504; SL 1963, ch 6 ; SL 1968, ch 1 , § 3.
SDCL 38-7-1
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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.
SDCL § 38-8-1 Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions
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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…
SDCL § 38-8-10 Notices and conduct of hearings and referenda--Procedural regulations--Referendum not invalidated by informalities
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The Division of Resource Conservation and Forestry shall issue the notices and conduct the hearings and referenda required by §