There is a newer version of the South Dakota Codified Laws
2014 South Dakota Codified Laws
Title 46A - WATER MANAGEMENT
Chapter 10A - County Drainage
- § 46A-10A-1 Definitions.
- § 46A-10A-2 County drainage commission--Appointment--Filling vacancies--Majority requiredto act--Ex officio members.
- § 46A-10A-3 Term and removal of members.
- § 46A-10A-4 Meetings.
- § 46A-10A-5 Compensation of members.
- § 46A-10A-6 Employment of personnel.
- § 46A-10A-7 Assistance by units of state government--Expense reimbursement.
- § 46A-10A-7.1 Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.
- § 46A-10A-8 State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.
- § 46A-10A-9 Joint drainage efforts by counties.
- § 46A-10A-9.1 Petition for assistance in development of intercounty drainage plan--Board defined.
- § 46A-10A-9.2 Meeting to develop mutually acceptable joint county drainage activities.
- § 46A-10A-9.3 Recommendation, notice, and hearing before Water Management Board--Cost ofpublication--Implementation.
- § 46A-10A-9.4 Limitation on effectiveness of action required by Water Management Board.
- § 46A-10A-9.5 Action required by board to be included in county drainage plan--Not subject toreferendum procedure.
- § 46A-10A-10 Joint powers agreements by local units of government as to drainage.
- § 46A-10A-11 Agreements for receipt of federal or state funds for drainage.
- § 46A-10A-12 Municipality contracting with county for services--Fees.
- § 46A-10A-13 Joint county-municipal drainage activities.
- § 46A-10A-14 Board to provide funds, equipment, and accommodations for county drainageactivity.
- § 46A-10A-15 Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.
- § 46A-10A-16 County drainage plan--Preparation--Adjuncts--Considerations.
- § 46A-10A-17 Purposes of drainage plan.
- § 46A-10A-18 Drainage projects and coordinated drainage areas authorized.
- § 46A-10A-19 Maps authorized.
- § 46A-10A-20 Legal controls for drainage management--Right to continue existing drainage.
- § 46A-10A-21 Official controls not limited.
- § 46A-10A-22 Publication of notice of hearing on proposed drainage plan.
- § 46A-10A-23 Board action on plan by ordinance or resolution.
- § 46A-10A-24 Filing and publication of board action on plan--Effective date of plan--Publicinspection.
- § 46A-10A-25 Petition for election on adoption of plan--Notice of election--Ballots--Suspensionof effective date--Inconsistent drainage efforts prohibited.
- § 46A-10A-26 Rejection of plan by voters--Revision, filing, and publication.
- § 46A-10A-27 Filing copy of adopted official control.
- § 46A-10A-28 Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.
- § 46A-10A-29 Failure of commission to act as approval--Extension of period by board.
- § 46A-10A-30 Permit system for drainage--Fee--Modification of drain or use of unrecorded right--Drainage without permit as misdemeanor--Civil penalty.
- § 46A-10A-31 Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.
- § 46A-10A-31.1 Notice of recording requirements.
- § 46A-10A-31.2 Local governments exempt from recording requirements.
- § 46A-10A-32 Copy of recorded vested right to department.
- § 46A-10A-33 Enforcement of chapter and official controls.
- § 46A-10A-34 Adjudication functions of commission or board.
- § 46A-10A-34.1 Board of adjudication by mutual agreement--Jurisdiction.
- § 46A-10A-35 Appeals from commission and board--Time allowed--Commencing action in circuitcourt.
- § 46A-10A-36 Regulation and elimination of nonconforming drains.
- § 46A-10A-37 Amendment and repeal of drainage plan--Request by petition.
- § 46A-10A-38 Petition by landowner for change of drainage restrictions--Notice to directlyaffected persons.
- § 46A-10A-39 Hearing on petition--Commission recommendation to board.
- § 46A-10A-40 Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election.
- § 46A-10A-41 Drainage plan or official controls for municipality--Approval or contract bymunicipality required for effectiveness.
- § 46A-10A-42 Jurisdiction of incorporated municipality.
- § 46A-10A-43 Drainage district continuation and dissolution--County plan to include districts,vested rights and plans or projects of local government units and coordinateddrainage areas.
- § 46A-10A-43.1 Petition for future maintenance of drain jointly and voluntarily maintained bylandowners within ten years of July 1, 1985.
- § 46A-10A-43.2 Signing of petition--Contents.
- § 46A-10A-43.3 Presentation of petition--Filing--Transmittal to Department of Environment andNatural Resources--Hearing.
- § 46A-10A-43.4 Opportunity to appear at hearing--When granted--Resolution by board as tomaintenance of drain.
- § 46A-10A-44 Recommendation that state's attorney seek injunction or other court action toprevent or abate violation.
- § 46A-10A-45 Mandamus proceedings authorized.
- § 46A-10A-46 Control of drainage construction, rehabilitation, or methods--Approval of board.
- § 46A-10A-47 Coordinated drainage area--Application for establishment--Inconsistency withcounty plan or controls barring formation--Validity of information in county inprocess of adopting plan or controls.
- § 46A-10A-48 Survey and map of proposed coordinated drainage area required--Availability forexamination.
- § 46A-10A-49 Form, verification, signatures, filing, and presentation of application forestablishment of area.
- § 46A-10A-50 Order establishing area subject to voters' approval--Notice of election--Exemptionfrom election requirement.
- § 46A-10A-51 Publication of election notice.
- § 46A-10A-52 Hours polls open--Costs of election.
- § 46A-10A-53 Establishment of area effective on voters' approval--Waiting period after rejectionby voters.
- § 46A-10A-54 Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.
- § 46A-10A-55 Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.
- § 46A-10A-56 Public lands subject to drainage laws--Service of notices--Appearance by board orofficer in charge.
- § 46A-10A-57 Responsibilities for drainage projects.
- § 46A-10A-58 Signatures required for board action on drainage project petition.
- § 46A-10A-59 Contents of drainage project petition.
- § 46A-10A-60 Presentation and filing of petition--Time for board action--Copy to department.
- § 46A-10A-61 Survey and report contracted by board--Contents--Right of entry--Copy todepartment.
- § 46A-10A-62 Survey report to be written--Inspection--Scheduling hearing--Notice requirements.
- § 46A-10A-63 Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.
- § 46A-10A-64 Assistance by department--Reimbursement of expenses.
- § 46A-10A-65 Denial of petition or establishment of project--Findings required.
- § 46A-10A-66 Assessments authorized--Expenses paid.
- § 46A-10A-67 Acquisition of easements.
- § 46A-10A-68 Damages due to project--Determination--Hearing--Appeal.
- § 46A-10A-69 Naming project--Record of proceedings.
- § 46A-10A-70 Permissible drainage of land.
- § 46A-10A-71 Drains along or across highways.
- § 46A-10A-72 Open ditches restricted along highways.
- § 46A-10A-73 Drains along and across railroads--Costs.
- § 46A-10A-74 Construction of drainage facilities across railroads--Costs.
- § 46A-10A-75 Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.
- § 46A-10A-76 Highway bridges and culverts--Construction--Maintenance--Modification--Costs.
- § 46A-10A-77 Construction and contracting powers of board.
- § 46A-10A-78 Maintenance and improvement of existing drains, watercourses, and levees.
- § 46A-10A-79 Apportionment of original cost to annexed area when project extended.
- § 46A-10A-80 Maintenance of drains--Assessment of costs.
- § 46A-10A-81 Jurisdiction of improved existing drain--Maintenance--Assessments.
- § 46A-10A-82 Maintenance without notice--Actions authorized.
- § 46A-10A-83 Petition for repair or improvement of drain.
- § 46A-10A-84 Repairs without contract--Cost reimbursement.
- § 46A-10A-85 Replacing drain as repair.
- § 46A-10A-86 Improvements--Survey and cost estimate--Ordering without notice.
- § 46A-10A-87 Improvements requiring notice and hearing--Reclassification of benefits--Appeal.
- § 46A-10A-88 Assessment of maintenance and improvement costs.
- § 46A-10A-89 Maintenance and assessments for drainage work in more than one county.
- § 46A-10A-90 Injury or obstruction of drainage as misdemeanor--Civil liability.
- § 46A-10A-91 Drain or watercourse constructed to prevent entry of water as nuisance--Exception.
- § 46A-10A-92 Abandonment of project--Procedure.
- § 46A-10A-93 Approval required to alter drainage rights established with federal or state funds.
- § 46A-10A-94 Accounts of expenditures maintained--Inspection.
- § 46A-10A-95 Appeal by state as to public lands.
- § 46A-10A-96 Stay of proceedings on appeal--Bond--Damages.
- § 46A-10A-97 Costs on appeal.
- § 46A-10A-98 Drainage district management by Board of Trustees.
- § 46A-10A-99 Petition for election.
- § 46A-10A-100 Election meeting--Appointments.
- § 46A-10A-101 Publication of notice of election--Votes by proxy.
- § 46A-10A-102 Election board to procure district records preceding election--Elected trustees to actas record custodians--Updates to district records.
- § 46A-10A-103 Voting rights of title holder.
- § 46A-10A-104 Landowner or joint landowners entitled to one vote collectively--Voting rights ofminor or protected person.
- § 46A-10A-105 Voting through agent or proxy--Power of attorney to specify election for which itis used--Delivery of power of attorney.
- § 46A-10A-106 Superintendent's responsibilities--Manner and purpose of elections.
- § 46A-10A-107 Ballots and poll list--Ballot delivery.
- § 46A-10A-108 Vote count--Determination of election results--Election materials to be retained forsixty days.
- § 46A-10A-109 Results of election to determine length of term.
- § 46A-10A-110 Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.
- § 46A-10A-111 Succeeding annual trustee elections.
- § 46A-10A-112 Trustee qualifications.
- § 46A-10A-113 Appointment to fill vacancy.
- § 46A-10A-114 Compensation of trustees and clerk of board--Filing requirements.
- § 46A-10A-115 Election of chair and clerk of board.
- § 46A-10A-116 Powers and duties of board of trustees.
- § 46A-10A-117 Costs and expenses--Levy.
- § 46A-10A-118 Assessment on real property.
- § 46A-10A-119 Tax--Tax fund.
- § 46A-10A-120 Issuance of improvement certificates and drainage bonds.
- § 46A-10A-121 Record of official acts and proceedings--Filing of financial report--Examination ofreport.
- § 46A-10A-122 Grievances--Mediation.
- § 46A-10A-123 Special election--Notice.
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