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

South Dakota § 46A-10A-30

• Jurisdiction: South Dakota
• Title 46A: WATER MANAGEMENT
• Ch. 46A-10: COUNTY DRAINAGE

Text

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.

Legislative History

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.