Title 38, AGRICULTURE AND HORTICULTURE

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…

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…

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…

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…

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.

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…

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…

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…

One conservation district supervisor member shall be at-large and one conservation district supervisor member from each of the three conservation district supervisor member areas shall be appointed to the commission. This state is divided into three conservation district supervis…

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 …

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.

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…

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.

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…

The Division of Resource Conservation and Forestry shall issue the notices and conduct the hearings and referenda required by § 38-8-2 . No informalities in the conduct of the referendum or in any related matters may invalidate the referendum or the result of the referendum if no…

The State Conservation Commission may not determine that the operation of a proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district…

The Division of Resource Conservation and Forestry shall publish the result of such referendum and the State Conservation Commission shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and fea…

In determining whether the operation of a proposed district is administratively practicable and feasible, the State Conservation Commission shall give due regard and weight to the attitudes of the occupiers of land lying within the defined boundaries, the probable expense of carr…

After six months shall have expired from the date of entry of a determination by the State Conservation Commission that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to such determination, subsequent petitions …

At the general election that includes the referendum on the establishment of a conservation district, five supervisors shall be elected as provided in § 38-8-39 . The election of the supervisors is null and void if the referendum on the establishment of the district fails. The di…

The five supervisors elected pursuant to § 38-8-15 shall present to the secretary of state an application signed and sworn to by them to complete the organization of the district. The application shall contain: (1) A statement that a petition for the creation of the district was …

The secretary of state shall file and record the application and statement required by § 38-8-16 in an appropriate book of record in his office and shall make and issue to the said supervisors a certificate, under the seal of the state, of the due organization of the said distric…

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of a conservation district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the i…

Petitions in a form approved by the State Conservation Commission for including additional territory within an existing conservation district may be filed with the commission, and the proceedings provided for in §§ 38-8-2 to 38-8-18 , inclusive, in the case of petitions to organi…

Within sixty days after a petition under § 38-8-1 has been filed with the commission, the commission shall publish a notice as defined in § 38-7-2 of a hearing upon the question of the: (1) Desirability and necessity, in the interest of the public health, safety, and welfare, of …

Supervisors of a conservation district are hereby authorized, to amend the district charter of organization, to include lands previously excluded from the district and lying within the district boundaries as hereinafter provided. The conservation district supervisors shall give d…

After giving due consideration to testimony presented at the hearing required by § 38-8-20 , and receiving consent from the governing or administrative body having jurisdiction over such excluded territory, the conservation district supervisors may adopt a resolution including su…

Petitions may be filed with the State Conservation Commission for a hearing and referendum on the combination of two or more districts, or for the division of one or more districts and the combination of any divided part thereof with any other district or a part of a divided dist…

In lieu of the petition process authorized under § 38-8-22 , the conservation district governing boards of the affected districts may propose and adopt a resolution calling for the combining or dividing of districts and present it to the registered voters for a vote at the next g…

Within sixty days after receipt of a petition pursuant to § 38-8-22 or within sixty days after the receipt of a resolution pursuant to § 38-8-22 .1, the State Conservation Commission shall set a date for a hearing and issue notices and conduct a hearing upon the proposition of co…

If the State Conservation Commission shall determine upon the facts presented at the hearing pursuant to § 38-8-23 and information as may be available that the combination of such districts or territory is economically practicable and feasible, the commission shall make and recor…

Any time within sixty days after the hearing and determination by the State Conservation Commission pursuant to §§ 38-8-23 and 38-8-24 , the commission shall act upon the petition in accordance with procedures prescribed in this chapter for organization of a district. Source: SDC…

Within sixty days after the hearing and determination pursuant to §§ 38-8-23 and 38-8-24 , the Division of Resource Conservation and Forestry shall appoint five supervisors to serve until the next general election, when all supervisors shall be elected. Source: SDC 1939, § 4.1517…

The requirements of §§ 38-8-16 to 38-8-18 , inclusive, apply to applications for issuance of certificates of organization for new districts pursuant to § 38-8-22 . Upon termination of the existing districts, the secretary of state shall issue and record a certificate of dissoluti…

In making the determination required by § 38-8-4 and in defining the boundaries of a conservation district, the State Conservation Commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the d…

Petitions signed by a majority of the members of each of the governing bodies of adjoining conservation districts may be filed with the State Conservation Commission asking that the boundary line between such districts be changed. Such petitions shall set out the existing boundar…

Within thirty days after a petition has been filed pursuant to § 38-8-30 , the commission shall provide due notice as defined in § 38-7-2 of a public hearing upon the question of the proposed change of boundary. Any interested person may attend the hearing and be heard. Source: S…

After hearing pursuant to § 38-8-31 , the State Conservation Commission shall determine whether the operation of the said districts within the proposed new boundaries would be administratively practicable and feasible. In making such determination, the commission shall give consi…

Upon determination by the State Conservation Commission in favor of a proposed change of district boundaries, the chairmen of the governing bodies of the districts shall present to the secretary of state an application, signed by them for a certificate evidencing the change of bo…

Petitions for changing the names of districts organized under this chapter may be filed with the State Conservation Commission. Any such petition shall be signed by a majority of the district supervisors and shall state the present name of the district and the proposed new name. …

The governing body of a district shall consist of a board of supervisors. Each conservation district shall have a board of supervisors consisting of five members, each of whom shall be elected on a nonpartisan ballot at a general election and whose term of office shall be four ye…

After a hearing pursuant to § 38-8-2 , if the State Conservation Commission shall determine upon the facts presented at such hearing and upon such other relevant facts and information as may be available that there is need, in the interest of public health, safety, and welfare, f…

For the purpose of staggering terms, at the first general election, the three at-large candidates receiving the largest number of votes shall be elected for a four-year term, and the two candidates receiving the next highest number of votes shall be elected for two-year terms. In…

Any supervisor of a conservation district may be removed by the State Conservation Commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. Source: SL 1937, ch 19 , § 7; SDC 1939, § 4.1509; SL 1947, ch 12 ; SDC Supp 1960, § 4.1509…

Vacancies in the term of any supervisor of a conservation district shall be filled by appointment by a majority of the other district supervisors, such appointee to serve until the next general election at which time such vacancy shall be filled by the voters for the unexpired te…

At the first meeting in January of each year the supervisors of a conservation district shall designate a chairman, vice - chairman, a secretary, and a treasurer, or a secretary - treasurer. The treasurer, or secretary - treasurer, if combined, need not be a member of the board o…