reglab/housing_qa huggingface dataset:
SD Codified L § 46A-10B-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-4 - Joint powers agreement--Contents.

46A-10B-4. Joint powers agreement--Contents.The joint powers agreement establishing the district, in addition to the requirements of §1-24-4, shall include the following:(1)The name of the proposed drainage basin utility district;(2)A discussion of the need for establishing the proposed district;(3)A description of the boundaries of the proposed district and a legal description of the lands included in the proposed district;(4)The names of all counties and municipalities located wholly or partially within the boundaries of the proposed district;(5)A description of the governing body as provided in §46A-10B-9;(6)A map of the proposed district;(7)A description of some of the potential projects, facilities and programs that may be constructed or implemented by the district;(8)The names of the counties and municipalities executing the joint powers agreement to establish the district and a resolution by the government of each such county and municipality authorizing execution of the agreement. Source: SL 1989, ch 388, §4.
SD Codified L § 46A-10B-4.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-4.1 - Amendment to agreement--Adding to or deleting from district.

46A-10B-4.1. Amendment to agreement--Adding to or deleting from district.Lands may be added to or deleted from an existing drainage basin utility district through an amendment to the existing joint powers agreement establishing the district. The amendment shall address all portions of the existing agreement that will be affected by the addition or deletion of land from the district. The amendment may take effect only if:(1)Each party to the existing joint powers agreement and the municipal or county government of the area to be added or deleted has adopted a resolution approving the amendment in accordance with the provisions of §46A-10B-7;(2)A public hearing to consider the amendment has been held in accordance with the provisions of §46A-10B-5 within the county or municipality from which land will be added or deleted; and(3)Notice of the hearing has been published in accordance with the provisions of §46A-10B-6. Source: SL 1991, ch 375, §5.
SD Codified L § 46A-10B-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-5 - Hearing required--Timing and attendance.

46A-10B-5. Hearing required--Timing and attendance.Any county or municipality, within two weeks after initially transmitting or receiving a proposed joint powers agreement for the formation of a drainage basin utility district or a proposed amendment to add or delete lands from an existing district, shall, by mutual agreement with the other counties and municipalities included in the proposed district, fix a time and place for a joint public hearing on the establishment of the district. The hearing shall be held not later than sixty days after all counties and municipalities in the proposed district have received the proposed formation agreement. Representatives of each county and each municipality in the proposed district shall be present at the hearing. Source: SL 1989, ch 388, §6A; SL 1991, ch 375, §1.
SD Codified L § 46A-10B-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-6 - Publication of proposed agreement or amendment prior to hearing--Contents.

46A-10B-6. Publication of proposed agreement or amendment prior to hearing--Contents.At least once each week for two successive weeks before the hearing required in §46A-10B-5, each county or municipality in the proposed or existing district shall publish a summary of the proposed joint powers agreement or amendment and a notice of the hearing in its official newspaper. The publication shall include the time and place of the hearing; the address to which written comments may be sent; and a statement that the proposed agreement or amendment will be heard and acted upon by the governments of each county and each municipality in the proposed district, that the district may be established or its boundaries adjusted without election by agreement of each county and municipality in the proposed district, and that the proposed district would be authorized to assess utility fees against property in the district. Source: SL 1989, ch 388, §7A; SL 1991, ch 375, §2.
SD Codified L § 46A-10B-7 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-7 - Approval and execution of agreement--Establishment or adjustment of district.

46A-10B-7. Approval and execution of agreement--Establishment or adjustment of district.If the government of each county and municipality included within the proposed district approves and executes the joint powers agreement or amendment establishing the district or adjusting its boundaries within forty-five days after the public hearing held pursuant to §46A-10B-5, the drainage basin utility district is established or its boundaries are adjusted. The district's governing body shall file with the secretary of state a true copy of the agreement establishing the district or adjusting its boundaries. Source: SL 1989, ch 388, §10A; SL 1991, ch 375, §3.
SD Codified L § 46A-10B-8 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-8 - Boundaries.

46A-10B-8. Boundaries.The joint powers agreement establishing a drainage basin utility district shall delineate the boundaries of the district as provided in §46A-10B-4. The boundaries of the district shall conform with the boundaries of one or more drainage basins to the extent that such basins lie within the borders of the counties in the district. The drainage basins included within the district shall be adjacent and the property within the district shall be contiguous. Source: SL 1989, ch 388, §11; SL 1991, ch 375, §4.
SD Codified L § 46A-10B-9 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-9 - Agreement to designate and define composition of governing body--Requirements--Powers.

46A-10B-9. Agreement to designate and define composition of governing body--Requirements--Powers.The joint powers agreement establishing a drainage basin utility district shall designate and define the composition and powers of the governing body of the district, consistent with the provisions of this chapter. The governing body shall include at least two representatives of each county and each municipality included wholly or partially within the district, and each representative shall have one vote on matters coming before the governing body.Matters coming before the governing body shall be decided by majority vote of the representatives included in the governing body. The governing body shall annually elect from among its membership a chairman, vice-chairman, secretary, and treasurer, and the governing body may employ staff as necessary, pursuant to §46A-10B-13. Source: SL 1989, ch 388, §12.
SD Codified L § 46A-10B-10 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-10 - Certain actions prohibited without county or municipal government approval.

46A-10B-10. Certain actions prohibited without county or municipal government approval.The governing body may take none of the following actions without approval by the affected governments of each county and each municipality included wholly or partially within the district:(1)Establishment of, and any increase in, fees levied pursuant to §46A-10B-20, 46A-10B-21, or 46A-10B-22;(2)Approval of any contract for planning, construction, repair, renovation, demolition, or dismantling of any district project or facility;(3)Approval or amendment of the master drainage plan pursuant to §46A-10B-18;(4)The issuance of bonds pursuant to §46A-10B-29; or(5)Reimbursement of costs pursuant to §46A-10B-31. Source: SL 1989, ch 388, §12A; SL 1991, ch 375, §6.
SD Codified L § 46A-10B-11 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-11 - Required notice--Contents.

46A-10B-11. Required notice--Contents.Upon establishment of a drainage basin utility district, the governing body shall notify in writing the governments of each county, municipality, water development district, water project district, or watershed district located wholly or partially within the district. The notification shall include, at a minimum, a statement that the district has been established, the date of establishment, the name of the district, the boundaries of the district, and the name of the governing body of the district. The notification shall also include a statement that the governing body of the district may exercise its authority over all areas of the district, and a statement that the governing body may assess utility fees in the district as provided in this chapter. Source: SL 1989, ch 388, §14.
SD Codified L § 46A-10B-12 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-12 - Drainage basin utility district as municipal utility.

46A-10B-12. Drainage basin utility district as municipal utility.Any drainage basin utility district, whether it is located inside or outside the boundaries of a municipality, is a municipal utility as defined in §9-40-2. In administering the affairs of the district, the governing body may exercise, in addition to the powers granted in this chapter, the statutory powers granted to municipalities for the operation and administration of municipal utilities. Source: SL 1989, ch 388, §15.
SD Codified L § 46A-10B-13 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-13 - Additional administrative powers of governing body.

46A-10B-13. Additional administrative powers of governing body.In addition to the powers granted in statute regarding municipal utilities, the governing body, in administering the affairs of the drainage basin utility district, may do the following:(1)Assess and collect utility fees as provided in this chapter;(2)Designate a director, employ staff, and provide equipment, supplies, and materials as necessary to administer the business of the district;(3)Sue and be sued;(4)Incur debts and liabilities;(5)Issue bonds as provided in this chapter;(6)Accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public and private sources to carry out the purposes of this chapter;(7)Contract or cooperate with any person, the state, or any political subdivision of the state, any federal agency, or any private or public corporation to carry out the purposes of this chapter;(8)Contract with any county or municipality for the assessment and collection of any fees levied pursuant to this chapter;(9)Acquire, hold, use, rent, lease, or dispose of any real and other property as necessary to carry out the purposes of this chapter, including property outside the boundaries of the district;(10)Accumulate funds in one or more reserve funds as provided in this chapter to carry out the purposes of this chapter; and(11)Plan, develop, construct, acquire, operate, clean, maintain, repair, alter, renovate, salvage, demolish, abandon, consolidate, reclaim, or gather data and information concerning any natural or artificial watercourse, dam, dike, reservoir, or other works, development, structure, facility, project, or program necessary to carry out the purposes of this chapter. Source: SL 1989, ch 388, §19.
SD Codified L § 46A-10B-14 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-14 - Effect of chapter upon Water Management Board and certain other state laws.

46A-10B-14. Effect of chapter upon Water Management Board and certain other state laws.The provisions of this chapter 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 does 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. Source: SL 1989, ch 388, §20.
SD Codified L § 46A-10B-15 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-15 - Establishment of district no guarantee flooding or damage will be eliminated.

46A-10B-15. Establishment of district no guarantee flooding or damage will be eliminated.This chapter or the establishment of a drainage basin utility district pursuant to this chapter does not imply that property liable for the fees and charges established pursuant to this chapter will always be free from stormwater flooding or flood damage. This chapter does not purport to reduce the need or the necessity for the owner obtaining flood insurance. Source: SL 1989, ch 388, §21.
SD Codified L § 46A-10B-16 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-16 - Assessment of basins--Governing body to designate installation of facilities and method of assessment.

46A-10B-16. Assessment of basins--Governing body to designate installation of facilities and method of assessment.The governing body shall separately assess each basin within the district for facilities to be installed to serve each basin and to provide adequate drainage in each basin. The governing body shall designate the facilities to be installed, the time and schedule for installation of facilities, and the method of assessing costs of facilities to be installed against property in the basin. Source: SL 1989, ch 388, §22.
SD Codified L § 46A-10B-17 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-17 - Benefit versus cost analysis required.

46A-10B-17. Benefit versus cost analysis required.The governing body shall analyze each project and compare the total benefits to be achieved with the anticipated cost of the project. Projects shall be considered if the analysis indicates that the total benefits are greater than the cost of the project. Source: SL 1989, ch 388, §23.
SD Codified L § 46A-10B-18 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-18 - Adoption of master drainage plan and stormwater map--Contents--Revisions.

46A-10B-18. Adoption of master drainage plan and stormwater map--Contents--Revisions.The governing body shall prepare and adopt by resolution or ordinance a master drainage plan for district facilities. The plan shall include proposed projects, facilities and programs and proposed methods of funding the master drainage plan. The governing body shall also adopt by resolution a stormwater map delineating the boundaries of the basins included in the district. The map may also indicate existing development of properties within the basin, zoning of properties, and other appropriate information. The map shall serve as official designation of the respective basins of the district, but the map may be revised from time to time by the governing body to conform with existing conditions. The governing body may amend the master drainage plan or adopt a subsequent master drainage plan if the original master drainage plan has been completed. The original plan and any amendment of the plan is not effective as to any county or municipality included wholly or partially within the district unless such county or municipality has approved, by resolution, the plan or the amendment. Source: SL 1989, ch 388, §24.
SD Codified L § 46A-10B-19 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-19 - Solicitation of entities to carry out plan--Furnishment of maps.

46A-10B-19. Solicitation of entities to carry out plan--Furnishment of maps.The governing body shall solicit all other affected public entities to cooperate in providing drainage facilities to carry out the drainage plan. Maps showing all basins and proposed facilities shall be furnished to the entities for their use in this matter. Source: SL 1989, ch 388, §25.
SD Codified L § 46A-10B-20 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-20 - Establishment of stormwater basin development and utility fees--Assessments against individual properties.

46A-10B-20. Establishment of stormwater basin development and utility fees--Assessments against individual properties.After delineating drainage basins pursuant to §46A-10B-18, the governing body may establish by ordinance stormwater basin development fees and stormwater utility fees to be paid by the developers or owners of property in each basin in the district as provided in §§46A-10B-21 and 46A-10B-22. The fees shall be sufficient to construct, operate, and maintain the facilities needed in the basin and may be expended to carry out the purposes of this chapter. The amount of the fees assessed against individual properties and the method of calculating and collecting the fees shall be established by ordinance. Assessments against individual properties shall be on a per-square-foot basis, but the amount of the fee assessed per square foot against individual properties in a basin may not necessarily be equal in all cases. The governing body may vary the amount dependent upon the type of improvements that are on the property or that may be placed on the property under the existing zoning as such improvements relate to the stormwater or runoff water that may be discharged from the property. Agricultural land as defined in §10-6-112 is exempt from the fees established in this section and in §§46A-10B-21 and 46A-10B-22. Source: SL 1989, ch 388, §26; SL 1990, ch 364, §1; SL 2021, ch 44, § 44.
SD Codified L § 46A-10B-21 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-21 - Payment of development fee as condition for development--Purpose and amount of fee.

46A-10B-21. Payment of development fee as condition for development--Purpose and amount of fee.In the case of a lot or parcel of land upon which a building has not been erected, the governing body may require the payment of a stormwater basin development fee as a condition for the development of the property. The stormwater basin development fee is payable prior to the approval of the final plat of the subdivision or, in the case of unplatted property, prior to the issuance of a building permit. The fee is intended to pay for the design, right-of-way acquisition, and construction or reconstruction of stormwater facilities needed to protect the health, safety, and welfare of the inhabitants of the various basins. The stormwater basin development fee shall be paid by the developer and shall be based upon the cost of necessary facilities to be constructed, the area of each parcel of land, the runoff characteristics of the parcel and the amount of on-site stormwater detention, if any, provided. The governing body shall determine the rates that apply to each parcel of land within the guidelines established by ordinance pursuant to §46A-10B-20, but the stormwater basin development fee for any parcel of land within the district may be no less than one hundred dollars and no more than eight hundred dollars per subdivided lot. The eight hundred dollar limit does not apply to nonresidential developments. Source: SL 1989, ch 388, §27; SL 1990, ch 364, §2.
SD Codified L § 46A-10B-22 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-22 - Imposition of stormwater utility fee--Purpose, amount and separate components of fee.

46A-10B-22. Imposition of stormwater utility fee--Purpose, amount and separate components of fee.The governing body may impose on each parcel of land or developed lot within the district a stormwater utility fee. This fee is intended to pay for the planning, operation, maintenance, administration, and routine functions of the existing stormwater facilities within the district and the planning, operation, maintenance, and administration of future stormwater facilities that may be established within the district and to pay for the design, right-of-way acquisition, and construction or reconstruction of stormwater facilities and to capitalize a revolving loan fund to be used for authorized functions of the district. The stormwater utility fee may be separated into a revolving loan component, a capital improvements component, and an operation and maintenance component and shall be based upon the area of each lot or parcel of land, the runoff characteristics of the lot or parcel, and the basin in which the lot or parcel is located. The governing body shall determine the rates that apply to each specific lot or parcel of land within the guidelines established by ordinance pursuant to §46A-10B-20. For any residential lot or parcel of real property within the district, the capital improvements component of the stormwater utility fee may be no less than fifty cents per month and no more than two dollars per month, and the operation and maintenance component of the stormwater utility fee may be no more than one dollar per month. The revolving loan component may be collected in advance for planning purposes over the entire district. However, the fee imposed pursuant to this section on any residential lot or parcel of real property may not exceed three dollars per month. Source: SL 1989, ch 388, §28; SL 1990, ch 364, §3; SL 1991, ch 375, §7; SL 1992, ch 320, §1.
SD Codified L § 46A-10B-23 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-23 - Fees deposited in fund--Purpose.

46A-10B-23. Fees deposited in fund--Purpose.The governing body shall place all fees collected pursuant to §§46A-10B-20, 46A-10B-21, and 46A-10B-22 into a storm drainage fund or other fund established pursuant to §46A-10B-28 to be used only for the purposes provided in this chapter, and reserved for the identified drainage basin for which fees are collected. If a municipality establishes a new drainage utility pursuant to §9-40-1, it may transfer any funds within its control that were collected pursuant to this chapter into a separate drainage utility fund which may only be used to pay for new drainage improvements, maintenance of existing drainage improvements, and operation of the drainage utility. Source: SL 1989, ch 388, §29; SL 2013, ch 39, §1.