reglab/housing_qa huggingface dataset:
SD Codified L § 46A-10A-25 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-25 - Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited.

46A-10A-25. Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited.Within twenty days of publication, five percent of the voters, as determined by the total number of votes cast for Governor in the county at the last gubernatorial election, may petition to have the question of adoption or rejection of a county drainage plan, or any part, adjunct, amendment, or addition thereto, placed on the ballot at the next primary or general election to be held more than sixty days after filing of the petition with the county auditor, whichever occurs first. The county auditor shall give notice of the fact that the question will be on the ballot at the primary or general election, as provided by law, for such elections and shall prepare official ballots according to the provisions of this code relating to elections and the submission of questions to the voters. The effective date of a county drainage plan or part, adjunct, amendment, or addition thereto on which a referendum is to be held shall be suspended by the filing of a referendum petition until the referendum process is completed. However, when a drainage plan or part, adjunct, amendment, or addition thereto is referred to a referendum vote, no drainage efforts that are inconsistent with the plan or part, adjunct, amendment, or addition thereto may be established between the time of adoption of the plan by the county commission, as provided in §46A-10A-23, and the time of the referendum vote. Source: SL 1985, ch 362, §25.
SD Codified L § 46A-10A-26 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-26 - Rejection of plan by voters--Revision, filing, and publication.

46A-10A-26. Rejection of plan by voters--Revision, filing, and publication.If the voters reject a proposed drainage plan or part, adjunct, amendment, or addition thereto, the board may revise or may order the drainage commission, if established, to revise the plan or part, adjunct, amendment, or addition thereto and adopt the same as revised, and file and publish the same as required by §46A-10A-24. Such revision is subject to referendum procedures provided in §46A-10A-25. Source: SL 1985, ch 362, §26.
SD Codified L § 46A-10A-27 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-27 - Filing copy of adopted official control.

46A-10A-27. Filing copy of adopted official control.Upon adoption of any drainage ordinance or other official drainage control, including any maps or charts, the county auditor shall file a certified copy thereof with the county register of deeds. Source: SL 1985, ch 362, §27.
SD Codified L § 46A-10A-28 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-28 - Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.

46A-10A-28. Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.If a board has adopted a drainage plan or any part, adjunct, amendment, or addition thereto, no rehabilitation of existing drainage or construction of new drainage, whether publicly or privately owned, if covered by the adopted plan, may be undertaken or authorized in the county until the location and extent thereof has been submitted to and approved by the board or commission, if established. In case of disapproval by a commission, it shall communicate its reasons in writing to the board. At a hearing to review the decision, by majority vote of the board members elect, a board may overrule all or any portion of a disapproval or any erroneous approval which is contrary to the adopted plan. Source: SL 1985, ch 362, §28.
SD Codified L § 46A-10A-29 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-29 - Failure of commission to act as approval--Extension of period by board.

46A-10A-29. Failure of commission to act as approval--Extension of period by board.Failure of a drainage commission to act within sixty-five days from the date of an official submission to it under the provisions of §46A-10A-28 shall be deemed approval, unless a longer period is granted by the board within the sixty-five-day period. Source: SL 1985, ch 362, §29.
SD Codified L § 46A-10A-30 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 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-30. Permit system for drainage--Fee--Modification of drain or use of unrecorded right--Drainage without permit as misdemeanor--Civil penalty.Any board or commission under the provisions of this chapter and chapter 46A-11 may adopt a permit system for drainage. The permit system shall be prospective in nature. Permits shall be granted consistent with the principles outlined in §46A-10A-20. The fee for a permit shall be established by the permitting authority, based on the administrative costs of regulating drainage activities, may not exceed one hundred dollars, and shall be paid only once. However, 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. Source: SL 1985, ch 362, §30; SL 1986, ch 379, §5; SL 2000, ch 217, §1; SL 2011, ch 165, §493.
SD Codified L § 46A-10A-31 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-31 - Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.

46A-10A-31. Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.Any natural drainage right lawfully acquired by the owner or owners of either a dominant or servient estate prior to July 1, 1985, is deemed vested. Any drainage right lawfully acquired prior to July 1, 1985, arising from drainage which is natural with man-made modifications or entirely man-made is also deemed vested, provided the right is recorded with the appropriate county register of deeds within seven years of July 1, 1985. Registration shall include the following information:(1)A legal description of any dominant estate or servient estate involved with the drainage right;(2)The general course and direction of flow of water by means of the drainage right;(3)The amount of time the drainage right has existed, if known, or, if not known, a statement to that effect;(4)The general course and direction of natural flow if different from that of the right being registered; and(5)The nature of the man-made modifications to the natural drainage.The county register of deeds shall provide the board with a quarterly listing of such registrations, prior to the quarterly meetings of the board. The board shall include the list in its minutes which are published pursuant to §7-18-3. A registration may include more than one drainage system.Any drainage begun prior to July 1, 1988, and challenged by an affected landowner in a court of law or before a board or commission within two years of filing, may not become vested until and unless a final decision has been reached in favor of such drainage. Any commission decision may be appealed to the board within twenty days. Any board decision may be appealed to the circuit court of the county wherein the dispute arose within twenty days. Any circuit court decision may be appealed in the same manner as any other circuit court decision. If such final decision has been reached, including final decision on any appeal, the owner of the drainage right shall record the final decision within thirty days in order for the right to become vested. No county, township, or municipality is required to register its natural drainage rights. Source: SL 1985, ch 362, §31; SL 1986, ch 379, §1; SL 1987, ch 338; SL 1991, ch 374.
SD Codified L § 46A-10A-31.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-31.1 - Notice of recording requirements.

46A-10A-31.1. Notice of recording requirements.On or before July 1, 1988, each county shall provide notice of the recording requirements set forth in §46A-10A-31, by publishing a notice, once a week for two consecutive weeks in at least one official county newspaper. Source: SL 1986, ch 379, §2.
SD Codified L § 46A-10A-31.2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-31.2 - Local governments exempt from recording requirements.

46A-10A-31.2. Local governments exempt from recording requirements.No county, municipality, or township may be required to record any highway right-of-way as a drainage right pursuant to this chapter. Source: SL 1987, ch 339.
SD Codified L § 46A-10A-32 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-32 - Copy of recorded vested right to department.

46A-10A-32. Copy of recorded vested right to department.After a vested drainage right is recorded with a county register of deeds under the provisions of §46A-10A-31, the register of deeds shall transmit a copy of the registration to the Department of Agriculture and Natural Resources. Source: SL 1985, ch 362, §32; SL 2011, ch 165, §494; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-10A-33 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-33 - Enforcement of chapter and official controls.

46A-10A-33. Enforcement of chapter and official controls.The board shall provide for the enforcement of the provisions of this chapter and of ordinances, resolutions, orders, and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county. Source: SL 1985, ch 362, §33.
SD Codified L § 46A-10A-34 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-34 - Adjudication functions of commission or board.

46A-10A-34. Adjudication functions of commission or board.A board may provide for appointment of its drainage commission to serve as a board of resolution and, under the regulations and controls adopted pursuant to this chapter, may provide that the board of resolution in individual cases may make, upon an affirmative vote of three-fourths of the full membership of the board of resolution, special exceptions or variances to any official controls and may reach decisions in individual drainage disputes between landowners, consistent with the provisions of §46A-10A-20. The board may constitute itself as the board of resolution. The board may further provide that specified types or categories of drainage disputes may not be heard by the board of resolution. A drainage dispute which is not within the jurisdiction of the board of resolution shall be taken directly to the circuit court of the county wherein the conflict exists. Source: SL 1985, ch 362, §34; SL 1986, ch 380; SL 1997, ch 256, §26.
SD Codified L § 46A-10A-34.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-34.1 - Board of adjudication by mutual agreement--Jurisdiction.

46A-10A-34.1. Board of adjudication by mutual agreement--Jurisdiction.Any other provision of law notwithstanding, any board or commission, by mutual agreement, may serve as a board of adjudication, pursuant to §46A-10A-34, for any other county. The jurisdiction of such board or commission is limited to the adjudication function specifically outlined in the agreement with the county board of the county holding jurisdiction over the drainage dispute. Source: SL 1986, ch 379, §11.
SD Codified L § 46A-10A-35 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-35 - Appeals from commission and board--Time allowed--Commencing action in circuit court.

46A-10A-35. Appeals from commission and board--Time allowed--Commencing action in circuit court.Any decision reached by a commission in order to settle a conflict involving drainage between landowners may be appealed to the board. Any board decision may be appealed or further appealed to the circuit court of the county wherein the conflict arose. An appeal under this section shall be commenced within twenty days of the decision being appealed. The provisions of this section notwithstanding, landowners may take a drainage conflict directly to the circuit court of the county wherein the conflict exists. Source: SL 1985, ch 362, §35.
SD Codified L § 46A-10A-36 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-36 - Regulation and elimination of nonconforming drains.

46A-10A-36. Regulation and elimination of nonconforming drains.The board may prescribe, by resolution as provided in §46A-10A-33, such regulations not contrary to law or §46A-10A-31, as it deems desirable or necessary to regulate and control, reduce the number or extent of or bring about the gradual elimination of nonconforming drains or drainage schemes. Source: SL 1985, ch 362, §36.
SD Codified L § 46A-10A-37 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-37 - Amendment and repeal of drainage plan--Request by petition.

46A-10A-37. Amendment and repeal of drainage plan--Request by petition.Regulations, restrictions, or enforcement provisions established in a drainage plan or part, adjunct, amendment, or addition thereto adopted by the board of county commissioners may from time to time be amended, supplemented, changed, modified, or repealed by action of the board of county commissioners as outlined in this chapter. Any amendment, supplement, change, modification, or repeal may be requested through a petition signed by thirty percent of the landowners in a drainage district or area requesting change. Source: SL 1985, ch 362, §37.
SD Codified L § 46A-10A-38 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-38 - Petition by landowner for change of drainage restrictions--Notice to directly affected persons.

46A-10A-38. Petition by landowner for change of drainage restrictions--Notice to directly affected persons.An individual landowner may petition a board or commission to change the drainage restrictions on any part of the landowner's property. The petitioning landowner shall notify all directly affected adjoining landowners and all directly affected third parties holding drainage interests by registered or certified mail of the petitioned change at least one week before any public hearing held on the petition by the board or commission. Property shall be considered as adjoining even if it is separated from the property of the petitioner by a public road or highway. Source: SL 1985, ch 362, §38; SL 2011, ch 165, §495.
SD Codified L § 46A-10A-39 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-39 - Hearing on petition--Commission recommendation to board.

46A-10A-39. Hearing on petition--Commission recommendation to board.Following receipt of any petition as provided in §46A-10A-37 or 46A-10A-38, the board or commission shall hold a public hearing, subject to the requirements of §46A-10A-22, and take action upon the petition, within forty-five days of receipt by a board or commission of any such petition. If a commission holds a hearing to consider the petition, it shall make a recommendation to the board. Source: SL 1985, ch 362, §39.
SD Codified L § 46A-10A-40 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 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-40. Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election.At any public hearing held pursuant to §46A-10A-39, any affected person may appear and request or protest the requested change. The board or commission shall thereafter by resolution either adopt or reject such change, modification, or repeal and, if it is adopted by the board or commission, a summary shall be prepared by the board or commission, shall be reviewed by the state's attorney, shall be published once in the official newspaper in the county and shall take effect on the twentieth day after its publication. The provisions of §46A-10A-25 are applicable hereto. Source: SL 1985, ch 362, §40.
SD Codified L § 46A-10A-41 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-41 - Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness.

46A-10A-41. Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness.The governing body of any municipality may request a county board or drainage commission to submit to the governing body a drainage plan for the municipality setting forth such provisions as the board or drainage commission deems applicable to the municipality for its best interests or to prepare official controls to apply to the area within the municipality. Adoption of a drainage plan and recommendations for the municipality notwithstanding, the plan and recommendations may not become binding within the boundaries of the municipality until official controls are adopted by the municipality in accordance with the plan, unless the board or commission has entered into a contract under §46A-10A-12. Source: SL 1985, ch 362, §41.
SD Codified L § 46A-10A-42 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-42 - Jurisdiction of incorporated municipality.

46A-10A-42. Jurisdiction of incorporated municipality.Nothing in this chapter other than the voluntary provisions of §46A-10A-12 may be construed to prevent or modify the powers of an incorporated municipality from exercising drainage jurisdiction within the corporate limits and from exercising jointly with the county board or drainage commission the drainage authority outside of the corporate limits. Source: SL 1985, ch 362, §42.
SD Codified L § 46A-10A-43 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-43 - Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas.

46A-10A-43. Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas.Any drainage district established under the laws of this state that has functioned in its capacity as a drainage district within three years prior to July 1, 1985 or that has assessed real property in its capacity as a drainage district within three years prior to July 1, 1985 shall be allowed to continue in that status. However, the landowners in such existing drainage district may choose by majority vote at a general election under the general election laws of this state to dissolve in order to join one or more drainage projects or drainage methods or to become or join a coordinated drainage area. Any county drainage plan shall include functioning drainage districts, vested rights described in §46A-10A-31, the drainage plans or projects of a unit of local government and existing coordinated drainage areas formed pursuant to §46A-10A-47. Source: SL 1985, ch 362, §43.
SD Codified L § 46A-10A-43.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-43.1 - Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985.

46A-10A-43.1. Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985.Notwithstanding §46A-10A-43, if within ten years prior to July 1, 1985, three or more landowners have jointly maintained a legal drain by voluntarily contributing the cost of maintenance without establishing a drainage district or without special assessments as provided in chapter 46A-11, the landowners may petition the board to provide for future maintenance, improvement, and repair of the drain. Source: SL 1988, ch 366, §1.
SD Codified L § 46A-10A-43.2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-43.2 - Signing of petition--Contents.

46A-10A-43.2. Signing of petition--Contents.The petition shall be signed by sixty percent of the resident landowners served by the drain. The petition shall describe the past plan of voluntary contributions, describe the drain by its initial point, terminal point, and general course, or by its exact course in whole or in part, provide a general description of the territory likely to be affected and list the owners of the land served, if known. The petition shall include a statement that the owners agree to the future maintenance and assessment of the drain by the board. Source: SL 1988, ch 366, §2.
SD Codified L § 46A-10A-43.3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-43.3 - Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing.

46A-10A-43.3. Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing.A petition may be presented at any regular or special meeting of the board, and, if in proper form, shall be ordered filed with the county auditor, who shall transmit a copy of the petition to the Department of Agriculture and Natural Resources. The board shall hold a hearing on the petition within thirty days. Source: SL 1988, ch 366, §3; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-10A-43.4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-43.4 - Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain.

46A-10A-43.4. Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain.At a hearing held pursuant to the provisions of §§46A-10A-43.1 to 46A-10A-43.4, inclusive, any interested person may appear in regard to any matter in the petition. After the board has heard and considered the petition, it shall grant the petition if it complies with the provisions of §§46A-10A-43.1 and 46A-10A-43.2. The board shall by resolution provide for the maintenance, improvement, and repair of the drain as provided in §46A-10A-80, shall give the drain a name and shall file a certified copy of the resolution in the office of the register of deeds. Source: SL 1988, ch 366, §4.