Notwithstanding the provisions of § 1-26-32, an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause serious harm to the affected party, and that the threatened violation or violation will not continue or, if it does continue, any harmful effects on waters will be remedied immediately on the cessation of the violation.
S.D. Codified Laws § 34A-2-64
Order not stayed by appeal--Findings required to grant stay
Source: SL 1973, ch 280, § 12 (3); SDCL Supp, § 46-25-80; SL 1988, ch 285, § 28.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.