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S.D. Codified Laws § 46A-10A-30

Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control

Applied in 2 court decisions — leading case Carmody v. Lake County Bd. of Commn'rs (2020)

Most recently applied in Hostler v. Davison County Drainage Commission (May 2022)

Source: SL 1985, ch 362, § 30; SL 1986, ch 379, § 5; SL 2000, ch 217, § 1; SL 2011, ch 165, § 493; SL 2025, ch 188, § 1.

Any board or commission under the provisions of this chapter and chapter 46A-11 may adopt a permit system for drainage. The permit system must be prospective in nature and consistent with the principles outlined in § 46A-10A-20. The nonrefundable fee for a permit must be:

(1) Established by the permitting authority;

(2) Based on the administrative costs of regulating drainage activities, may not exceed five hundred dollars; and

(3) Paid only once, with the application, except that permitted drainage that is enlarged, rerouted, or otherwise modified requires a new permit.

Any vested drainage right not recorded under the provisions of § 46A-10A-31 requires a permit for its use, if a permit system has been established in the county where it exists.

Any person or the person's contractor draining water without a permit, if a permit is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In addition to or in lieu of any criminal penalty, a court may assess, against any person violating the provisions of this section, a civil penalty not to exceed one thousand dollars per each day of violation.

A permit system is an official control.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.