A municipality may adopt ordinances for the purpose of protecting public groundwater supplies from pollution. The ordinances shall be consistent with the wellhead protection program guidelines developed by the department pursuant to § 34A-3A-17, and may include ordinances to establish wellhead protection areas; to zone for the purpose of protecting such areas from pollution; to monitor and regulate activities and sources of potential or actual pollution within the areas; and to provide for the containment and cleanup of pollution or other remedial action within the areas. A municipality may enter into agreements with the state and with other political subdivisions to implement and enforce a wellhead protection program.
S.D. Codified Laws § 9-12-17
Power to adopt ordinances to protect groundwater--Scope and purpose--Agreements to implement and enforce wellhead protection program
Applied in 1 court decision — leading case City of Rapid City v. Schaub (2020)
Most recently applied in City of Rapid City v. Schaub (September 2020)
Source: SL 1989, ch 306, § 43.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.