South Dakota § 46A-10A-30 Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control.

South Dakota Statutes

§ 46A-10A-30 — Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control.

South Dakota·Title 46A WATER MANAGEMENT·Ch. 46A-10 COUNTY DRAINAGE

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 contrac

Free access — add to your briefcase to read the full text and ask questions with AI

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.

South Dakota § 46A-10A-30 (Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.