reglab/housing_qa huggingface dataset:
SD Codified L § 46A-10A-2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-2 - County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.

46A-10A-2. County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.The board of county commissioners of each county may appoint a commission of three or more members, the total membership of which shall always be an uneven number and at least one member of which shall be a member of the board, to be known as the county drainage commission. If a commission member resigns his or her position, is unable to fulfill the duties of the position, or is removed for cause under the provisions of §46A-10A-3, the board shall appoint a new member to the commission within thirty days. A commission may not conduct official business unless all memberships on the commission are filled and unless a majority of the members are present at a meeting of the commission. Administrative officials of the county may be appointed as ex officio members of the commission, but have no vote in commission matters. Source: SL 1985, ch 362, §3; SL 2011, ch 165, §492.
SD Codified L § 46A-10A-3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-3 - Term and removal of members.

46A-10A-3. Term and removal of members.The term of office for members of a county drainage commission shall be established by the board of county commissioners. Any appointed member of a county drainage commission may be removed for cause, after a hearing prior to the expiration of his term, by a majority vote of the elected members of the board of county commissioners. Source: SL 1985, ch 362, §4; SL 1988, ch 365.
SD Codified L § 46A-10A-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-4 - Meetings.

46A-10A-4. Meetings.A drainage commission shall meet at such times as may be necessary to accomplish the purposes of this chapter, but a commission may not meet less than once every six months. Source: SL 1985, ch 362, §5.
SD Codified L § 46A-10A-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-5 - Compensation of members.

46A-10A-5. Compensation of members.Per diem and expenses of a county drainage commission shall be established by the board of county commissioners and paid by the county. Source: SL 1985, ch 362, §6.
SD Codified L § 46A-10A-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-6 - Employment of personnel.

46A-10A-6. Employment of personnel.To carry out the purposes of this chapter, a board or commission may employ an engineer or a hydrologist, or both, and such staff as it deems necessary, and a board or commission may contract with engineering consultants or with other specialists including an attorney who may be a part-time state's attorney for services it requires. Source: SL 1985, ch 362, §7; SL 1986, ch 378, §1.
SD Codified L § 46A-10A-7 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-7 - Assistance by units of state government--Expense reimbursement.

46A-10A-7. Assistance by units of state government--Expense reimbursement.Any unit of state government may offer such technical assistance as it is able to any board or commission requesting such assistance. However, such technical assistance may not include granting a permit, settling a dispute, accepting a plan, establishing a coordinated drainage area, or performing any other decision function relegated to boards or commissions under the provisions of this chapter and chapter 46A-11. A unit of state government providing technical assistance may require reasonable reimbursement for its expenses. The provisions of this section do not prohibit the Water Management Board from taking action or providing assistance pursuant to the provisions of this section and §§46A-10A-9.1 to 46A-10A-9.5, inclusive. Source: SL 1985, ch 362, §8; SL 1987, ch 336, §1.
SD Codified L § 46A-10A-7.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-7.1 - Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.

46A-10A-7.1. Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.Any member of a board or a county drainage commission, if established, shall maintain a file containing a copy of any written correspondence relating to drainage control, including any complaint, request for information or request for assistance, received by such board or commission member. Any correspondence shall be clearly marked with the date of receipt and shall be retained for a minimum period of two years. Source: SL 1987, ch 337.
SD Codified L § 46A-10A-8 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-8 - State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.

46A-10A-8. State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.The provisions of this chapter and chapter 46A-11 do not abrogate or limit the rights, powers, duties, and functions of the State Water Management Board with reference to water rights, flood control, outlet elevations for public lakes, or ordinary high and low water marks on public lakes, but are supplementary thereto. This chapter and chapter 46A-11 do not limit or affect the laws of this state relating to organization and maintenance of irrigation districts, water user districts, water project districts, water development districts, conservation districts, or watershed districts, nor does it infringe upon or establish any rights superior to any existing water rights. The provisions of this chapter may affect drainage districts only as outlined under provisions of §46A-10A-43. Source: SL 1985, ch 362, §8A; SL 1986, ch 379, §4.
SD Codified L § 46A-10A-9 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-9 - Joint drainage efforts by counties.

46A-10A-9. Joint drainage efforts by counties.The boards or commissions of two or more counties may cooperate on drainage. Expenses incurred in connection with joint efforts, including contracted services, shall be shared equitably per agreement among the counties involved. Promotion of regional drainage projects, coordinated drainage areas and drainage patterns or schemes, including passage of compatible ordinances and resolutions in adjoining counties, is the primary but not exclusive objective of joint efforts. Source: SL 1985, ch 362, §9.
SD Codified L § 46A-10A-9.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-9.1 - Petition for assistance in development of intercounty drainage plan--Board defined.

46A-10A-9.1. Petition for assistance in development of intercounty drainage plan--Board defined.If the effectiveness of any drainage activity or official control depends upon cooperative action by the board of an adjoining county, and if voluntary joint drainage efforts, undertaken in good faith pursuant to §46A-10A-9, have been unsuccessful, a board may file a petition with the Water Management Board requesting assistance in the development of an intercounty drainage plan or official control. For purposes of the provisions of §§46A-10A-9.1 to 46A-10A-9.5, inclusive, the term "board" means Board or County Drainage Commission, if established. Source: SL 1987, ch 336, §2.
SD Codified L § 46A-10A-9.2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-9.2 - Meeting to develop mutually acceptable joint county drainage activities.

46A-10A-9.2. Meeting to develop mutually acceptable joint county drainage activities.Within thirty days after receipt of a petition for assistance filed pursuant to §46A-10A-9.1, the chief engineer as defined by subdivision 46-1-6(5) shall schedule a meeting with representatives of any affected board or commission for the purpose of developing mutually acceptable joint county drainage activities or official controls. Source: SL 1987, ch 336, §3.
SD Codified L § 46A-10A-9.3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-9.3 - Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation.

46A-10A-9.3. Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation.If efforts under §46A-10A-9.2 to develop voluntary joint county drainage activities or official controls are unsuccessful, the chief engineer shall prepare a recommendation concerning joint county drainage activities or official controls. The recommendation, notice and hearing before the Water Management Board shall be conducted pursuant to the procedure contained in chapter 46-2A. Any cost of publication shall be borne by the affected counties. Following the hearing, the Water Management Board shall, by order, require any affected board to implement any action which the Water Management Board deems necessary for the effective drainage of land in the affected counties. The Water Management Board may require any action or official control which a board could properly institute pursuant to the provisions of this chapter. Source: SL 1987, ch 336, §4.
SD Codified L § 46A-10A-9.4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-9.4 - Limitation on effectiveness of action required by Water Management Board.

46A-10A-9.4. Limitation on effectiveness of action required by Water Management Board.Any action or official control required by the Water Management Board pursuant to §46A-10A-9.3 shall remain in effect for a period of no longer than one year. Source: SL 1987, ch 336, §5.
SD Codified L § 46A-10A-9.5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-9.5 - Action required by board to be included in county drainage plan--Not subject to referendum procedure.

46A-10A-9.5. Action required by board to be included in county drainage plan--Not subject to referendum procedure.Any action or official control required by the Water Management Board pursuant to §46A-10A-9.3 shall be consistent with the principles outlined in §46A-10A-20 and shall be included in the applicable county drainage plan, if a plan has been established. Such actions or official controls are not subject to any referendum procedure set forth in this chapter. Source: SL 1987, ch 336, §6.
SD Codified L § 46A-10A-10 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-10 - Joint powers agreements by local units of government as to drainage.

46A-10A-10. Joint powers agreements by local units of government as to drainage.Any unit of local government may enter into joint powers agreements with the board and with each other in order to avoid overlapping drainage jurisdiction and to promote cooperation and continuity in drainage matters. Source: SL 1985, ch 362, §10.
SD Codified L § 46A-10A-11 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-11 - Agreements for receipt of federal or state funds for drainage.

46A-10A-11. Agreements for receipt of federal or state funds for drainage.Any county engaging in a drainage program may receive grants-in-aid from or enter into agreements with any department or agency of the government of the United States or the state to arrange for the receipt of federal or state funds in the interest of furthering a drainage program. Source: SL 1985, ch 362, §11.
SD Codified L § 46A-10A-12 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-12 - Municipality contracting with county for services--Fees.

46A-10A-12. Municipality contracting with county for services--Fees.Any governing body of a municipality may contract with the board for drainage expertise and services to be provided by the county. Such contract may provide that the municipality shall pay fees as are agreed upon for the services performed. Source: SL 1985, ch 362, §12.
SD Codified L § 46A-10A-13 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-13 - Joint county-municipal drainage activities.

46A-10A-13. Joint county-municipal drainage activities.A contract between a governing body of a municipality and a board may provide for joint county-municipal drainage activities. Source: SL 1985, ch 362, §13.
SD Codified L § 46A-10A-14 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-14 - Board to provide funds, equipment, and accommodations for county drainage activity.

46A-10A-14. Board to provide funds, equipment, and accommodations for county drainage activity.The board of county commissioners shall provide the funds, equipment, and accommodations necessary for such drainage activity as the county undertakes. Source: SL 1985, ch 362, §14.
SD Codified L § 46A-10A-15 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-15 - Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.

46A-10A-15. Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.If a county is conducting or in good faith intends to conduct drainage activity within a reasonable time, or has held or is holding a hearing for the purpose of considering a drainage project, coordinated drainage area, drainage plan, or other official controls, the board, in order to protect the public general welfare, may adopt as an emergency measure a temporary drainage map, temporary drainage ordinances, or other temporary official controls, the purpose of which shall be to regulate drainage and related matters as constitutes the emergency. Within fourteen days of adoption or renewal of any emergency measure, the board shall hold at least one public hearing with notice of the time and place of the hearing published at least ten days in advance in a newspaper having general circulation in the county. An emergency measure is limited to six months from the date it becomes effective and may be renewed for six months, but may not be in effect for more than one year. Source: SL 1985, ch 362, §15.
SD Codified L § 46A-10A-16 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-16 - County drainage plan--Preparation--Adjuncts--Considerations.

46A-10A-16. County drainage plan--Preparation--Adjuncts--Considerations.A board or a county drainage commission, if established, may prepare, or cause to be prepared, a drainage plan for the county, including those municipalities within the county which have requested by resolution of the governing board of such municipality to be included. Any drainage ordinances, any official drainage map, and other official controls as deemed necessary shall be included as adjuncts to a drainage plan. The board or commission shall consider any drainage right described in §46A-10A-31, any drainage district described in §46A-10A-43, the drainage plans or projects of a unit of local government and existing coordinated drainage areas formed pursuant to §46A-10A-47 in preparation of a county drainage plan. Source: SL 1985, ch 362, §16.
SD Codified L § 46A-10A-17 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-17 - Purposes of drainage plan.

46A-10A-17. Purposes of drainage plan.A drainage plan shall be for the purpose of enhancing and promoting physical, economic, and environmental management of the county; protecting the tax base; encouraging land utilization that will facilitate economical and adequate productivity of all types of land; lessening governmental expenditure; and conserving and developing natural resources. The plan may incorporate appropriate contingencies for the protection of private cropland and pasture. Source: SL 1985, ch 362, §17; SL 2001, ch 244, §1.
SD Codified L § 46A-10A-18 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-18 - Drainage projects and coordinated drainage areas authorized.

46A-10A-18. Drainage projects and coordinated drainage areas authorized.Official controls instituted by a board or commission may include establishment of drainage projects or coordinated drainage areas within which drainage of land for agricultural, residential, industrial and commercial, soil and water conservation, and additional uses may be encouraged, regulated, or prohibited. For such purposes, the board may establish coordinated drainage areas of such number, shape, and size as may be deemed best suited to carry out county drainage goals. Source: SL 1985, ch 362, §18.
SD Codified L § 46A-10A-19 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-19 - Maps authorized.

46A-10A-19. Maps authorized.Official controls instituted by a board or commission may include maps of drains, county highways and roads, culverts, wetlands, sloughs, and other natural and man-made features relating to drainage showing their alignments, gradients, dimensions, and other pertinent features. Source: SL 1985, ch 362, §19.
SD Codified L § 46A-10A-20 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-20 - Legal controls for drainage management--Right to continue existing drainage.

46A-10A-20. Legal controls for drainage management--Right to continue existing drainage.Official controls instituted by a board may include specific ordinances, resolutions, orders, regulations, or other such legal controls pertaining to other elements incorporated in a drainage plan, project, or area or establishing standards and procedures to be employed toward drainage management. Any such ordinances, resolutions, regulations, or controls shall embody the basic principle that any rural land which drains onto other rural land has a right to continue such drainage if:(1)The land receiving the drainage remains rural in character;(2)The land being drained is used in a reasonable manner;(3)The drainage creates no unreasonable hardship or injury to the owner of the land receiving the drainage;(4)The drainage is natural and occurs by means of a natural water course or established water course;(5)The owner of the land being drained does not substantially alter on a permanent basis the course of flow, the amount of flow, or the time of flow from that which would occur; and(6)No other feasible alternative drainage system is available that will produce less harm without substantially greater cost to the owner of the land being drained.Such provisions do not necessarily apply within municipalities, but if a municipality drains water onto rural lands lying outside the boundaries of the municipality, the municipality is subject to the above provisions, if adopted by the board. Source: SL 1985, ch 362, §20.
SD Codified L § 46A-10A-21 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-21 - Official controls not limited.

46A-10A-21. Official controls not limited.Official controls are not limited to those set forth in §§46A-10A-18 to 46A-10A-20, inclusive. Source: SL 1985, ch 362, §21.
SD Codified L § 46A-10A-22 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-22 - Publication of notice of hearing on proposed drainage plan.

46A-10A-22. Publication of notice of hearing on proposed drainage plan.If it receives a proposed drainage plan drafted by the drainage commission or if it prepares its own plan because no commission exists, which plan includes proposed official controls, the board of county commissioners shall direct the county auditor to publish, at least once a week for at least two successive weeks in a newspaper of general circulation in the area affected, a notice of hearing, the time and place when the hearing will be held, and a statement that all interested persons may appear and be heard. Source: SL 1985, ch 362, §22.
SD Codified L § 46A-10A-23 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-23 - Board action on plan by ordinance or resolution.

46A-10A-23. Board action on plan by ordinance or resolution.Based on the results of a drainage plan hearing or hearings under §46A-10A-22, a board's action upon a drainage plan or any part, adjunct, amendment, or addition shall be by resolution or ordinance, as appropriate, carried by the affirmative votes of not less than a majority of all the members of the board upon a finding that the plan is feasible and conducive to the public welfare and necessary or practicable for draining land in the county. Source: SL 1985, ch 362, §23.
SD Codified L § 46A-10A-24 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-24 - Filing and publication of board action on plan--Effective date of plan--Public inspection.

46A-10A-24. Filing and publication of board action on plan--Effective date of plan--Public inspection.Any action of a board on a drainage plan shall be filed with the county auditor. A summary of the action shall be prepared by the county board or the drainage commission, if established, shall be reviewed by the state's attorney, shall be published at least once within one week in the official newspaper or newspapers in the county and shall take effect on the twentieth day after its publication. Any summary published under the provisions of this chapter shall contain a notification that the public may inspect the entire drainage plan or any part, adjunct, amendment, or addition at the office of the county auditor during regular business hours. Source: SL 1985, ch 362, §24.