reglab/housing_qa huggingface dataset:
SD Codified L § 34A-8-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08 - Endangered And Threatened Species|Section 34A-8-9 - Possession, transportation and sale of endangered and threatened species prohibited--Violation as misdemeanor.

34A-8-9. Possession, transportation and sale of endangered and threatened species prohibited--Violation as misdemeanor.Except as otherwise provided in this chapter, no person may take, possess, transport, import, export, process, sell, or offer for sale, buy or offer to buy, nor may a common or contract carrier transport or receive for shipment, any species of wildlife or plants appearing on the following lists:(1)The list of wildlife and plants indigenous to the state determined to be endangered or threatened within the state pursuant to §§34A-8-3 and 34A-8-4.(2)The United States list of endangered or threatened native wildlife effective on January 1, 1977.(3)The United States list of endangered or threatened foreign wildlife effective on January 1, 1977.(4)The United States list of endangered or threatened plants effective on January 1, 1977.A violation of this section is a Class 2 misdemeanor. Source: SL 1977, ch 335, §5; SL 1992, ch 158, §48.
SD Codified L § 34A-8-10 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08 - Endangered And Threatened Species|Section 34A-8-10 - Importation, possession, sale, or purchase of endangered or threatened species under permit, license, or other documentation--Violation as misdemeanor.

34A-8-10. Importation, possession, sale, or purchase of endangered or threatened species under permit, license, or other documentation--Violation as misdemeanor.A species of wildlife appearing on any of the lists enumerated in §34A-8-9 may enter South Dakota from another state or from a point outside the territorial limits of the United States and may be transported, possessed, sold, and purchased in accordance with the terms of a permit issued pursuant to rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. However, a person may transport into South Dakota or otherwise possess, sell, or purchase within the state any animal or parts thereof appearing on any of the lists enumerated in §34A-8-9 that were lawfully taken or acquired in another state or lawfully taken or acquired from a point outside the territorial limits of the United States if the items are accompanied by the appropriate license, documentation, Convention on International Trade in Endangered Species (CITES) permit, or CITES tag. It is a Class 2 misdemeanor to transport, possess, sell or purchase a species of wildlife appearing on any of the lists enumerated in §34A-8-9 in violation of the conditions of a permit, or to transport, possess, sell, or purchase any part thereof, in violation of the provisions of this section. The provisions of this section do not apply to any captive nondomestic animal of the mammalia class and the products thereof regulated by the Animal Industry Board under Title 40. Source: SL 1977, ch 335, §6; SL 1993, ch 256, §34; SL 2007, ch 236, §4.
SD Codified L § 34A-8-11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08 - Endangered And Threatened Species|Section 34A-8-11 - Permits for capture or destruction of, wildlife to protect life or property--Violation of permit--Emergency protection of human life.

34A-8-11. Permits for capture or destruction of, wildlife to protect life or property--Violation of permit--Emergency protection of human life.Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered or threatened species found on the state list may be removed, captured, or destroyed pursuant to a permit issued by the secretary of game, fish and parks. A violation of the terms of the permit is a Class 2 misdemeanor.Carnivorous animals found on the state list may be removed, captured, or destroyed by any person in emergency situations involving an immediate threat to human life, provided that the removal, capture, or destruction shall be reported to the secretary or his representative within twenty-four hours of the act. Source: SL 1977, ch 335, §7; SL 1992, ch 158, §49.
SD Codified L § 34A-8-13 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08 - Endangered And Threatened Species|Section 34A-8-13 - Legislative approval required for reintroduction of species.

34A-8-13. Legislative approval required for reintroduction of species.No species that is currently extinct in this state and that has been placed on the threatened or endangered species list pursuant to the federal "Endangered Species Act of 1973," as amended to January 1, 1995, may be reintroduced into this state through action by any federal, state, or local governmental entity, unless the Legislature has specifically enacted legislation naming the species and specifying the manner of reintroduction. Source: SL 1995, ch 206.
SD Codified L § 34A-8A-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-1 - Definitions of terms in §§ 34A-8A-2 to 34A-8A-7.

34A-8A-1. Definitions of terms in §§34A-8A-2 to 34A-8A-7.Terms used in this chapter mean:(1)"Departments," the Department of Game, Fish, and Parks and the Department of Agriculture and Natural Resources;(2)"Species of management concern," a species designated by the secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission as a species which shares the dual status of requiring both control and protection. Source: SL 2001, ch 191, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 34A-8A-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-2 - Promulgation of list of species of management concern--Factors considered.

34A-8A-2. Promulgation of list of species of management concern--Factors considered.The secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission shall establish, by rules promulgated pursuant to chapter 1-26, a list of species of management concern. In determining whether a species should be listed, the following factors are to be considered:(1)Whether the species or its habitat, or both are of value ecologically and aesthetically and at the same time burdensome for property owners; and(2)Whether the species may warrant protection at times and control at others depending on the rate of reproduction, climate, disease, population viability, and other factors. Source: SL 2001, ch 191, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 34A-8A-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-3 - Joint promulgation of rules.

34A-8A-3. Joint promulgation of rules.Rules promulgated pursuant to §34A-8A-2 shall be conducted jointly by both the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission, including joint notice, publication, hearings, and decision-making. Source: SL 2001, ch 191, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 34A-8A-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-4 - Departments authorized to render assistance regarding species of management concern.

34A-8A-4. Departments authorized to render assistance regarding species of management concern.If so requested, the departments may render assistance and advice regarding species of management concern including:(1)Providing information to the public and property owners regarding the species of management concern and its characteristics, ecosystem values, and habitat; and(2)Providing assistance in the development of conservation plans or control projects regarding the species of management concern. Source: SL 2001, ch 191, §4.
SD Codified L § 34A-8A-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-5 - Acts or omissions constituting nuisances.

34A-8A-5. Acts or omissions constituting nuisances.The following acts or omissions constitute nuisances:(1)Engaging in practices which allow or cause a species of management concern to encroach upon the property of another or injure or endanger the property of another; or(2)Failure to control the species of management concern thereby causing encroachment on the property of another or causing injury to or endangering the property of another. Source: SL 2001, ch 191, §5.
SD Codified L § 34A-8A-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-6 - Remedies for nuisances.

34A-8A-6. Remedies for nuisances.In addition to any other remedies at law, the remedies set forth in chapter 21-10 apply to the nuisances described in §34A-8A-5. These remedies include civil action, including injunctive relief and recovery of damages, and abatement. Abatement, if ordered by the court, shall include reimbursement for any reasonable and necessary costs incurred in abating the nuisance. Source: SL 2001, ch 191, §6.
SD Codified L § 34A-8A-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-7 - Abrogation of certain previous designations.

34A-8A-7. Abrogation of certain previous designations.Designation as a species of management concern abrogates any previous designation as a weed or pest. Source: SL 2001, ch 191, §7.
SD Codified L § 34A-8A-8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-8 - Prairie dog management plan.

34A-8A-8. Prairie dog management plan.The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources are directed to develop a state prairie dog management plan. The plan shall formulate state management actions that will serve to prevent the prairie dog from being listed as a federal threatened or endangered species. If such plan or any agreement adopted pursuant to such plan contains provisions for incentive payments to private landowners for managing prairie dog habitat or restricts private landowner rights to use any means of controlling prairie dogs on their property, the plan or any agreement adopted pursuant to such plan shall be submitted to the South Dakota Legislature, in bill form, for approval, prior to it becoming effective. Source: SL 2002, ch 169, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 34A-8A-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 08A - "Species Of Management Concern"|Section 34A-8A-9 - Changes or amendments to the state prairie dog management plan--Approval by Legislature.

34A-8A-9. Changes or amendments to the state prairie dog management plan--Approval by Legislature.The Department of Agriculture and Natural Resources and the Department of Game, Fish and Parks shall submit any changes or amendments to any plan approved by the Legislature pursuant to §34A-8A-8 for legislative approval before the changes or amendments may take effect. Source: SL 2005, ch 195, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 34A-9-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-1 - Definition of terms.

34A-9-1. Definition of terms.Terms as used in this chapter, unless the context otherwise requires, mean:(1)"Agency," the executive and administrative departments, offices, boards, commissions, and other units of the state government;(2)"Board," the Board of Minerals and Environment;(3)"Draft environmental impact statement," a preliminary statement prepared pursuant to §34A-9-5;(4)"Environment," the physical conditions that will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character;(5)"Environmental impact statement," a detailed statement setting forth the matters specified in §34A-9-7. It includes any comments on a draft environmental statement which are received pursuant to §34A-9-8, and the agency's response to such comments, to the extent that they raise issues not adequately resolved in the draft environmental statement;(6)"Secretary," the secretary of the Department of Agriculture and Natural Resources. Source: SL 1974, ch 245, §1; SDCL Supp, §11-1A-1; SL 1986, ch 295, §30; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-9-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-2 - Actions subject to chapter.

34A-9-2. Actions subject to chapter.As used in this chapter, the term, actions, includes:(1)New and continuing projects or activities directly undertaken by any public agency, or supported in whole or part through contracts, grants, subsidies, loans, or other forms of funding assistance from one or more public agencies;(2)Policy, regulations, and procedure-making; or(3)The issuance by one or more public agencies of a lease, permit, license, certificate, or other public entitlement to an applicant. Source: SL 1974, ch 245, §1 (2); SDCL Supp, §11-1A-2; SL 1981, ch 13, §10; SL 1981, ch 269, §1; SL 2011, ch 165, §132.
SD Codified L § 34A-9-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-3 - Actions not subject to chapter.

34A-9-3. Actions not subject to chapter.As used in this chapter, the term, actions, does not include:(1)Enforcement proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;(2)Actions of a ministerial nature, involving no exercise of discretion;(3)Emergency actions responding to an immediate threat to public health or safety;(4)Proposals for legislation; or(5)Actions of an environmentally protective regulatory nature. Source: SL 1974, ch 245, §1 (3); SDCL Supp, §11-1A-3; SL 2011, ch 165, §133.
SD Codified L § 34A-9-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-4 - Environmental impact statement authorized--Fee--Purpose.

34A-9-4. Environmental impact statement authorized--Fee--Purpose.All agencies may prepare, or have prepared by contract, an environmental impact statement on any major action they propose or approve which may have a significant effect on the environment. Any agency which prepares, or has prepared by contract, an environmental impact statement pursuant to subdivision 34A-9-2(3) shall assess a fee against the person seeking a lease, permit, license, certificate, or other public entitlement for the preparation of the statement. This fee shall be assessed in addition to and independently of any other fee or deposit required by any other provision of law. No lease, permit, license, certificate, or other public entitlement may be issued until the fee is paid. The purpose of an environmental impact statement is to provide detailed information about the effect which a proposed action is likely to have on the environment, to list ways in which any adverse effects of the action might be minimized, and to suggest alternatives to the action. Source: SL 1974, ch 245, §2; SDCL Supp, §11-1A-4; SL 1981, ch 269, §2.
SD Codified L § 34A-9-4.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-4.1 - Selection of contractor to prepare statement.

34A-9-4.1. Selection of contractor to prepare statement.Any agency, other than the Public Utilities Commission, which causes an environmental impact statement to be prepared by contract shall select a contractor proposal acceptable to both the agency and the person seeking a lease, permit, license, or other public entitlement. Source: SL 1981, ch 269, §4.
SD Codified L § 34A-9-4.2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-4.2 - Continuous appropriation of environmental impact statement file.

34A-9-4.2. Continuous appropriation of environmental impact statement file.Any environmental impact statement fee paid pursuant to the provisions of §34A-9-4 is appropriated continuously to the agency assessing the fee to be expended for the purposes of §34A-9-4. Source: SL 1992, ch 313, §11.
SD Codified L § 34A-9-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-5 - Draft impact statement--Contents.

34A-9-5. Draft impact statement--Contents.As early as possible in the formulation of a proposal for action that is likely to require the preparation of an environmental impact statement, the responsible agency may prepare or may have prepared a draft environmental statement describing in detail the proposed action and reasonable alternatives to the action, and briefly discussing, on the basis of information then available to the agency, the remaining items set forth in §34A-9-7. Source: SL 1974, ch 245, §3; SDCL Supp, §11-1A-5; SL 1981, ch 269, §3.
SD Codified L § 34A-9-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-6 - Purpose of draft impact statement--Scoping meetings--Form and contents.

34A-9-6. Purpose of draft impact statement--Scoping meetings--Form and contents.The purpose of a draft environmental statement is to inform the public and other public agencies as early as possible about proposed actions that may significantly affect the quality of the environment, and to solicit comments which will assist the agency in determining the environmental consequences of the proposed action. The agency requiring the preparation of the environmental impact statement shall conduct scoping meetings, prior to the preparation of the environmental impact statement, in the county in which the proposed action is to be located to solicit public input on what should be included in the environmental impact statement. The draft environmental statement should resemble in form and content the environmental impact statement to be prepared after comments have been received and considered pursuant to §34A-9-9; however, the length and detail of the draft environmental statement may necessarily reflect the preliminary nature of the proposal and the early stage at which it is prepared. Source: SL 1974, ch 245, §3; SDCL Supp, §11-1A-6; SL 1992, ch 254, §77.
SD Codified L § 34A-9-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-7 - Contents of environmental impact statement.

34A-9-7. Contents of environmental impact statement.An environmental impact statement shall be prepared in accordance with the procedural requirements relating to citizen participation of the National Environmental Policy Act of 1969 as amended to January 1, 2011, and implementing regulations adopted pursuant to that act, and shall include, at a minimum, a detailed statement setting forth the following:(1)A description of the proposed action and its environmental setting;(2)The environmental impact of the proposed action including short-term and long-term effects;(3)Any adverse environmental effects that cannot be avoided if the proposal is implemented;(4)Alternatives to the proposed action;(5)Any irreversible and irretrievable commitments of resources that would be involved in the proposed action if it is implemented;(6)Mitigation measures proposed to minimize the environmental impact; and(7)The growth-inducing aspects of the proposed action. Source: SL 1974, ch 245, §2; SDCL Supp, §11-1A-7; SL 1992, ch 254, §76; SL 2011, ch 165, §134.
SD Codified L § 34A-9-8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-8 - Circulation of draft statement for comment.

34A-9-8. Circulation of draft statement for comment.The draft statement shall be circulated for comment among other public agencies which have jurisdiction by law or special expertise with respect to any environmental impact involved and shall be made available for comment by relevant federal agencies and interested members of the public. Source: SL 1974, ch 245, §3; SDCL Supp, §11-1A-8.
SD Codified L § 34A-9-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-9 - Filing of impact statement and comments before taking action--Responses to comments.

34A-9-9. Filing of impact statement and comments before taking action--Responses to comments.The environmental impact statement, prepared pursuant to §34A-9-4, together with the comments of public and federal agencies and members of the public, shall be filed with the office of the secretary and made available to the public at least thirty days prior to taking agency action on the proposal which is the subject of the environmental impact statement. Such a statement shall also include copies or a summary of the substantive comments received by the agency pursuant to §34A-9-8, and the agency response to such comments. Source: SL 1974, ch 245, §§2, 4; SDCL Supp, §11-1A-9.
SD Codified L § 34A-9-10 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-10 - Findings required as to compliance and actions to minimize environmental problems.

34A-9-10. Findings required as to compliance and actions to minimize environmental problems.When an agency decides to carry out or approve an action which has been the subject of an environmental impact statement, it shall make an explicit finding that the requirements of this chapter have been met and that all feasible action will be taken to minimize or avoid environmental problems that are revealed in the environmental impact statement process. Source: SL 1974, ch 245, §5; SDCL Supp, §11-1A-10.
SD Codified L § 34A-9-11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-11 - Impact statement not required if federal statement required.

34A-9-11. Impact statement not required if federal statement required.To avoid duplication of effort and to promote consistent administration of federal and state environmental policies, the environmental impact statement required by this chapter need not be prepared with respect to actions for which a detailed statement is required to be prepared pursuant to the requirements of the National Environmental Policy Act of 1969 as amended to January 1, 2011, if the statement complies with the requirements of this chapter. Source: SL 1974, ch 245, §6; SDCL Supp, §11-1A-11; SL 1993, ch 256, §35; SL 2011, ch 165, §135.
SD Codified L § 34A-9-12 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 09 - Environmental Impact Of Governmental Actions|Section 34A-9-12 - Prospective application of chapter.

34A-9-12. Prospective application of chapter.The requirements of this chapter do not apply to actions undertaken or approved before March 2, 1974. Source: SL 1974, ch 245, §7; SDCL Supp, §11-1A-12; SL 2011, ch 165, §136.