reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-47 - Patent holder may seek protection order--Limitations.

38-1-47. Patent holder may seek protection order--Limitations.
If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protection order from the circuit court. The protection order may not interrupt or interfere with normal farming practices, including harvest and tillage.
Source:
SL 2002, ch 188, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-48 - Samples--Where taken.

38-1-48. Samples--Where taken.
The samples may be taken from a standing crop, from representative standing plants in the field, or from crops remaining in the field after harvest.
Source:
SL 2002, ch 188, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-49 - Promulgation of rules.

38-1-49. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules, pursuant to chapter 1-26, to determine the following sampling protocols:
(1)To determine who is authorized to collect samples or conduct related activity;
(2)To determine methods of sample storage;
(3)To establish standards for sampling, inspecting, analyzing, and testing seeds; and
(4)To implement fees to recover sampling and related costs.
Source: SL 2002, ch 188, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-50 - Results to be sent to both parties by registered mail--Time.

38-1-50. Results to be sent to both parties by registered mail--Time.
The results of any testing conducted under §§38-1-44 to 38-1-50, inclusive, shall be sent by registered letter to either party by the other within thirty days after the results are reported from the testing laboratory.
Source:
SL 2002, ch 188, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-51 - Information received by secretary not public records.

38-1-51. Information received by secretary not public records.
Data or financial information made or received by the secretary of agriculture and natural resources for the purpose of application for loans, marketing assistance, agricultural finance counseling, and farm loan mediation are not public records and are exempt from the provisions of §1-27-1.
Source: SL 1997, ch 224, §1; SDCL §
38-6-12
; SL 2019, ch 235 (Ex. Ord.
19-1
), §52, eff. Apr. 14, 2019; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 05 - Agricultural Census And Statistics › Section 38-5-1 - Agreements with federal government for annual census--Purpose.

38-5-1. Agreements with federal government for annual census--Purpose.
The secretary of agriculture and natural resources of the State of South Dakota is hereby authorized and directed to enter into cooperative agreements with any officers or agencies of the federal government for the taking of annual agricultural censuses by the regularly appointed assessment officers and such other public officers and employees as may be designated for that purpose, for the purpose of obtaining information to be used by the federal government in the State of South Dakota and the allotment of benefits and other payments to farmers cooperating with the federal government, or for any other purpose whatever for which such information may be desired or required by any federal or state officer or agency.
Source: SL 1937, ch 17, §1; SDC 1939, §4.0601; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 05 - Agricultural Census And Statistics › Section 38-5-3 - Duties of other public officers and employees.

38-5-3. Duties of other public officers and employees.
It shall be the duty of other public officers and employees within the state to comply with and perform all the duties imposed upon them or required by the provisions of cooperative agreements entered into pursuant to §38-5-1 and the directions of the secretary of agriculture and natural resources.
Source: SL 1937, ch 17, §2; SDC 1939, §4.0602; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-1 - Policy of state--Purposes of chapters.

38-7-1. Policy of state--Purposes of chapters.
It is hereby declared to be the policy of this state and within the scope of this chapter and chapter 38-8 to provide for the conservation of the soil and soil resources of this state, and for the control and prevention of soil erosion, and for the prevention of floodwater and sediment damages, and for furthering the conservation, development, utilization, and disposal of water, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state.
Source:
SL 1937, ch 19, §2; SDC 1939, §4.1501; SL 1957, ch 4, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-2 - Definition of terms.

38-7-2. Definition of terms.
Terms used in this chapter or chapter 38-8 mean:
(1)"Agency of this state," the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state;
(2)"Commission," the State Conservation Commission;
(3)"District" or "conservation district," a governmental subdivision of this state, and a public body, corporate and politic, organized in accordance with the provisions of chapter 38-8, for the purpose, with the powers, and subject to the restrictions set forth in chapter 38-8;
(4)"Division," the Division of Resource Conservation and Forestry;
(5)"Due notice," a notice published at least twice, with an interval of at least seven days between the publication dates, in a legal newspaper within the district or by posting copies of the notice in three of the most public places within the district for a period of at least ten days immediately preceding the date specified in the notice. At any hearing held pursuant to the notice, at the time and place designated in the notice, the adjournment may be made from time to time without the necessity of renewing the notice for adjourned dates;
(6)"Government" or "governmental," the government of this state, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them;
(7)"Land occupier" or "occupier of land," any person, firm, or corporation who holds title to, or is in possession of any agricultural, grazing, or forest lands lying within a conservation district, whether as owner, lessee, renter, tenant, or otherwise;
(8)"Nominating petition," a petition filed under the provisions of chapter 38-8 to nominate candidates for the office of supervisor of a conservation district;
(9)"Petition," a petition filed under the provisions of chapter 38-8 for the creation of a conservation district;
(10)"Supervisor," one of the members of the governing body of a district, elected or appointed in accordance with the provisions of chapter 38-8;
(11)"United States" or "agencies of the United States," the United States of America, the Natural Resources Conservation Service of the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
Source:
SL 1937, ch 19, §3; SDC 1939, §4.1502; SL 1959, ch 3, §1; SL 1964, ch 3; SL 2017, ch 181, §6; SL 2018, ch 240, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-2.1 - Division of Resource Conservation and Forestry created.

38-7-2.1. Division of Resource Conservation and Forestry created.
There is hereby created within the Department of Agriculture and Natural Resources created by chapter 1-41 a Division of Resource Conservation and Forestry.
Source: SL 1975, ch 23, §1; SL 1995, ch 310 (Ex. Ord. 95-1), §§16, 17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-2.2 - Director of Division of Resource Conservation and Forestry--Nomination, appointment, and removal.

38-7-2.2. Director of Division of Resource Conservation and Forestry--Nomination, appointment, and removal.
The director of the Division of Resource Conservation and Forestry shall be nominated by the State Conservation Commission and appointed by the secretary of the Department of Agriculture and Natural Resources with the approval of the Governor. The director of the Division of Resource Conservation and Forestry shall be removable in accordance with the provisions of §1-32-6.
Source: SL 1975, ch 23, §2; SL 1981, ch 11, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-2.3 - Conservation functions performed by division--Direction and control by director.

38-7-2.3. Conservation functions performed by division--Direction and control by director.
Subject to §38-7-3.1, all of the functions of the State Conservation Commission provided for in this chapter and chapter 38-8 relative to conservation districts, shall be performed by the Division of Resource Conservation and Forestry created by this chapter, under the direction and control of the director of the Division of Resource Conservation and Forestry.
Source:
SL 1975, ch 23, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-3 - State Conservation Commission established--Purposes.

38-7-3. State Conservation Commission established--Purposes.
There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this chapter and chapter 38-8, the State Conservation Commission.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1503; SL 1945, ch 13; SL 1949, ch 10; SL 1957, ch 4, §2; SL 1968, ch 1, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-3.1 - Direction and supervision by Division of Resource Conservation and Forestry--Independent functions retained by commission.

38-7-3.1. Direction and supervision by Division of Resource Conservation and Forestry--Independent functions retained by commission.
The State Conservation Commission shall be administered under the direction and supervision of the Division of Resource Conservation and Forestry of the Department of Agriculture and Natural Resources and the director thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in §1-32-1) otherwise vested in it and shall exercise those functions independently of the director of the Division of Resource Conservation and Forestry.
Source: SL 1973, ch 2, §104; SL 1975, ch 23, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-4 - Composition of commission--Appointment and terms of members--Vacancies.

38-7-4. Composition of commission--Appointment and terms of members--Vacancies.
The State Conservation Commission is composed of nine members appointed by the Governor. Eight members shall be appointed as follows: one member from a list of three names recommended to the Governor from the South Dakota Municipal League, from its membership to represent the urban interests; one member from a list of three names recommended to the Governor from the directors of the water development districts; two members who are engaged in the tree industry; and four members who are or have been conservation district supervisor members as designated in §38-7-5. No more than five members may be from one political party. Each appointed member shall serve a three-year term. Each conservation district supervisor member shall be, or shall have been a supervisor of a conservation district. A member shall take office on the first day of January of the year following the member's appointment. Each appointment shall be made on or before the first day of December.
The Governor shall appoint the conservation district supervisor members from a list of names of qualified persons submitted to the Governor by the State Association of Conservation Districts. The association shall, at times consistent with the terms of this section and in a manner determined at its annual convention, submit a list of three nominees for each membership on the commission to be filled by appointment of the Governor.
Any vacancy arising from reasons other than the natural expiration of a term shall be filled for the unexpired term as in the case of original appointments.
Source:
SDC 1939, §4.1503 as added by SL 1949, ch 10; SL 1957, ch 4, §2; SL 1968, ch 1, §2; SL 1974, ch 254, §2; SL 1975, ch 23, §7; SL 1979, ch 354, §33; SL 1981, ch 374, §29; SL 1985, ch 306; SL 1989, ch 341; SL 2018, ch 240, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-5 - Conservation district supervisor member areas.

38-7-5. Conservation district supervisor member areas.
One conservation district supervisor member shall be at-large and one conservation district supervisor member from each of the three conservation district supervisor member areas shall be appointed to the commission. This state is divided into three conservation district supervisor member areas as follows: all of that area east of the Missouri River and north of the southern boundaries of Hughes, Hyde, Hand, Beadle, Kingsbury, and Brookings counties shall be known and designated as Area I; all of that area east of the Missouri River and south of the northern boundaries of Buffalo, Jerauld, Sanborn, Miner, Lake, and Moody counties shall be known and designated as Area II; and all of that area west of the Missouri River shall be known and designated as Area III.
Source:
SDC 1939, §4.1503 as added by SL 1957, ch 4, §2; SL 1968, ch 1, §2; SL 2018, ch 240, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-6 - Nonvoting members of commission--Tenure of office.

38-7-6. Nonvoting members of commission--Tenure of office.
The following persons shall serve as nonvoting members of the State Conservation Commission: the director of the state extension service; the director of the state agricultural experiment station located at Brookings; the commissioner of school and public lands; the secretary of the Department of Game, Fish and Parks; and if approved by the United States secretary of agriculture, the state conservationist for the United States Natural Resources Conservation Service. A member of the commission shall hold office so long as the person retains the office by virtue of which the person is serving on the commission.
Source:
SL 1937, ch 19, §4; SDC 1939, §§4.1503, 4.1504; SL 1945, ch 13; SL 1949, ch 10; SL 1957, ch 4, §2; SL 1963, ch 6; SL 1968, ch 1, §§2, 3; SL 1974, ch 254, §3; SL 2015, ch 203, §6; SL 2021, ch 1 (Ex. Ord. 21-3), § 66, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-7 - Accommodations, supplies, and equipment for commission.

38-7-7. Accommodations, supplies, and equipment for commission.
The State Conservation Commission shall be supplied with suitable accommodations at the seat of the state government, and shall be furnished with the necessary supplies and equipment.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1505; SL 1959, ch 3, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-8 - Record of commission actions--Seal--Powers.

38-7-8. Record of commission actions--Seal--Powers.
The State Conservation Commission shall keep a record of its official actions; shall adopt a seal, which seal shall be judicially noticed; and may perform acts, hold hearings, and promulgate rules, pursuant to chapter 1-26, concerning:
(1)The organization and operation of the commission;
(2)Cooperation and assistance provided to conservation districts;
(3)The reporting of election results and financial affairs of the conservation districts; and
(4)The governing and administration of conservation district elections.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1503; SL 1945, ch 13; SL 1949, ch 10; SL 1957, ch 4, §2; SL 1968, ch 1, §2; SL 1974, ch 254, §4; SL 1986, ch 326, §8; SL 2015, ch 203, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-9 - Quorum of commission.

38-7-9. Quorum of commission.
A majority of the State Conservation Commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1504; SL 1963, ch 6; SL 1968, ch 1, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-10 - Chairman of commission--Delegation of powers and duties.

38-7-10. Chairman of commission--Delegation of powers and duties.
The State Conservation Commission shall designate its chairman annually. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper.
Source:
SL 1937, ch 19, §4; SDC 1939, §§4.1504, 4.1505; SL 1959, ch 3, §2; SL 1963, ch 6; SL 1968, ch 1, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-12 - Employment of personnel by division--Legal services.

38-7-12. Employment of personnel by division--Legal services.
The Division of Resource Conservation and Forestry may employ such agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. The division may call upon the attorney general of the state for such legal services as it may require.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1505; SL 1959, ch 3, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-13 - Record of proceedings kept by division.

38-7-13. Record of proceedings kept by division.
The Division of Resource Conservation and Forestry shall keep full and accurate records of all proceedings and of all resolutions, rules, and regulations, and orders issued or adopted.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1504; SL 1963, ch 6; SL 1968, ch 1, §3; SL 1975, ch 247, §1; SL 1982, ch 15, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-14 - Detail of personnel to division by other state agencies.

38-7-14. Detail of personnel to division by other state agencies.
Upon request of the Division of Resource Conservation and Forestry for the purpose of carrying out any of its functions, the supervising officer of any state agency, or any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard to the needs of the agency to which the request is directed, assign or detail to the division, members of the staff or personnel of such agency or institution of learning, and making such special reports, surveys, or studies as the division may request.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1505; SL 1959, ch 3, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-15 - Assistance in carrying out of district programs.

38-7-15. Assistance in carrying out of district programs.
In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8, it shall have the duty and power to offer such assistance as may be appropriate to the supervisors of conservation districts, organized as provided in chapter 38-8, in the carrying out of any of their powers and programs.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1506 (1).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-16 - Interchange of information between districts and division.

38-7-16. Interchange of information between districts and division.
In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8, it shall have the duty and power to keep the supervisors of each of the several districts organized under the provisions of chapter 38-8 informed of the activities and experience of all other districts organized thereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1506 (2).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-17 - Coordination of district programs.

38-7-17. Coordination of district programs.
In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8, it shall have the duty and power to coordinate the programs of the several conservation districts organized under chapter 38-8 so far as this may be done by advice and consultation.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1506 (3).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-18 - Assistance provided to districts by federal and state agencies.

38-7-18. Assistance provided to districts by federal and state agencies.
In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8, it shall have the duty and power to secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the work of the several conservation districts.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1506 (4).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-19 - Dissemination of information--Encouraging formation of districts.

38-7-19. Dissemination of information--Encouraging formation of districts.
In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8, it shall have the duty and power to disseminate information throughout the state concerning the activities and programs of the conservation districts organized under chapter 38-8, and to encourage the formation of such districts in areas where their organization is desirable.
Source:
SL 1937, ch 19, §4; SDC 1939, §4.1506 (5).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-20 - Representation of districts--Development of conservation policy--Cooperation with public and private agencies.

38-7-20. Representation of districts--Development of conservation policy--Cooperation with public and private agencies.
In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8, it shall have the duty and power to represent the state conservation districts and to develop and implement state policy for land conservation and development. Also to cooperate at all levels of government, with all other agencies, both public and private, in the conservation and development of all renewable natural resources.
Source:
SDC 1939, §4.1506 as added by SL 1968, ch 1, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-21 - Recommendations on programs of local, state, and federal agencies and subdivisions.

38-7-21. Recommendations on programs of local, state, and federal agencies and subdivisions.
In addition to the duties and powers conferred upon the State Conservation Commission in chapter 38-8, it shall have the duty and power to review and make recommendations within its discretion, in cooperation and consultation with affected districts, on all natural resource development programs proposed or planned by local, state, and federal agencies and subdivisions.
Source:
SDC 1939, §4.1506 as added by SL 1968, ch 1, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-22 - Provision of funds and assistance to districts.

38-7-22. Provision of funds and assistance to districts.
In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry, it shall have the duty and power to provide funds, grants, supplies, and staff assistance to conservation districts and to assist such districts in obtaining technical planning guidance from the State Planning Commission, and other state and federal agencies.
Source:
SDC 1939, §4.1506 as added by SL 1968, ch 1, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-23 - Accounting and financial reporting procedures by districts.

38-7-23. Accounting and financial reporting procedures by districts.
In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry, it shall have the duty and power to require proper accounting and financial reporting procedures by conservation districts and to assist in the implementation of these procedures.
Source:
SDC 1939, §4.1506 as added by SL 1968, ch 1, §4; SL 1975, ch 247, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-24 - Request to Legislature for appropriations.

38-7-24. Request to Legislature for appropriations.
To accomplish the purposes of the State Conservation Commission and the conservation districts as provided in this chapter and chapter 38-8, the Division of Resource Conservation and Forestry may present requests to the State Legislature for appropriations adequate to carry out the duties and responsibilities of it and the State Conservation Commission and the districts.
Source:
SDC 1939, §4.1506 as added by SL 1968, ch 1, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-25 - Coordinated natural resources conservation fund created--Purposes.

38-7-25. Coordinated natural resources conservation fund created--Purposes.
There is hereby created a special fund known as the coordinated natural resources conservation fund. All money in the coordinated natural resources conservation fund is dedicated for the purposes identified in the South Dakota coordinated natural resources plan. Interest earned on money in the fund shall be deposited in the fund.
Source:
SL 1992, ch 100, §5; SL 1994, ch 313, §1; SL 2007, ch 227, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-26 - Source of money in coordinated natural resources conservation fund.

38-7-26. Source of money in coordinated natural resources conservation fund.
The coordinated natural resources conservation fund consists of money transferred from the sale of motor fuel for nonhighway agricultural uses in the motor fuel tax fund as provided in §10-47B-149, and all public and private sources including legislative appropriations or federal grants.
Source:
SL 1992, ch 100, §6; SL 1994, ch 313, §2; SL 2007, ch 227, §2; SL 2011, ch 61, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-27 - Coordinated natural resources conservation program established--Promulgation of rules.

38-7-27. Coordinated natural resources conservation program established--Promulgation of rules.
The coordinated natural resources conservation program is hereby established. Under this program, the State Conservation Commission may grant funds from the coordinated natural resources conservation fund. The Conservation Commission shall promulgate rules pursuant to chapter 1-26 for administration, terms, and conditions for the disbursement of grants to conservation districts and to establish criteria for the selection of projects to receive grants through the coordinated natural resources conservation program.
Source:
SL 1992, ch 100, §7; SL 1994, ch 313, §4; SL 2007, ch 227, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-28 - Administration of coordinated natural resources conservation program.

38-7-28. Administration of coordinated natural resources conservation program.
The Division of Resource Conservation and Forestry of the Department of Agriculture and Natural Resources shall implement and administer the coordinated natural resources conservation program. Expenses associated with administration of this program and other purposes as authorized by chapter 38-7 and chapter 38-8 shall be expended from the coordinated natural resources conservation fund as determined in the general appropriations act according to Title 4.
Source: SL 1994, ch 313, §5; SL 2007, ch 227, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-29 - Soil conservation award program established.

38-7-29. Soil conservation award program established.
The South Dakota soil conservation award program is hereby established. Under the program, each conservation district may select not more than five residents of the conservation district each year as recipients of the Soil Conservation Award. To be eligible for an award, a person shall be a South Dakota resident who is directly and actively engaged in agricultural production in South Dakota. In selecting award recipients, the conservation district may consult with the South Dakota State Conservation Commission and other relevant entities. Awards shall be based upon the recipient's contribution toward the preservation and conservation of soil and other natural resources in South Dakota in conjunction with the recipient's agricultural operations.
Source:
SL 2008, ch 207, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 07 - Division Of Resource Conservation And Forestry › Section 38-7-30 - Form of award--Promulgation of rules.

38-7-30. Form of award--Promulgation of rules.
Each recipient shall receive a sign displaying the words "South Dakota Soil Conservation Award" "Award Winning Soil Conservation Farm" and the year of the award. The South Dakota Conservation Commission shall promulgate rules pursuant to chapter 1-26 governing the soil conservation award program. The rules shall include the following:
(1)Criteria for selecting award recipients in accordance with the requirements of §38-7-29 and this section, which shall include efforts to maintain grass waterways and eliminating cultivation of waterways; terracing; crop rotation; leaving crop residue after harvesting; and no till;
(2)Procedures for nominating and selecting award recipients;
(3)Procedures to publicize and raise awareness of the need for soil conservation practices as outlined in subdivision (1) of this section;
(4)Other procedures necessary for the administration of the award program.
Source:
SL 2008, ch 207, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-1 - Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions.

38-8-1. Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions.
Any ten percent of the voters registered for the last general election within the limits of a territory proposed to be organized into a conservation district may file a petition with the State Conservation Commission asking that a conservation district be organized to function in the territory described in the petition. The petition shall set forth:
(1)The proposed name of the district;
(2)That there is need in the interest of public health, safety, and welfare, for a conservation district to function in the territory described in the petition;
(3)A description of the territory proposed to be organized as a district;
(4)A request that the commission duly define the boundaries for the district; that a referendum be held within the territory so defined on the question of the creation of a conservation district in the territory; and that the commission determine that such a district be created.
If more than one petition is filed covering parts of the same territory, the commission may consolidate all or any such petitions. The petition shall be filed before April first of the year in which a general election is to be held.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §3; SDC Supp 1960, §4.1507 (1); SL 1994, ch 316, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-2 - Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.

38-8-2. Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.
Within sixty days after a petition under §38-8-1 has been filed with the commission, the commission shall publish a notice as defined in §38-7-2 of a hearing upon the question of the:
(1)Desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of a conservation district;
(2)Appropriate boundaries to be assigned to the district; and
(3)Propriety of the petition and other proceedings taken under this chapter.
Any interested party may attend the hearing and be heard. If it appears at the hearing that it may be desirable to include within the proposed district territory outside of the area within which the notice of the hearing has been given, the hearing shall be adjourned. The commission shall publish a notice pursuant to §38-7-2 of further hearing that shall be conducted for the entire area considered for inclusion in the district.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (2); SL 1994, ch 316, §2; SL 2018, ch 240, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-3 - Factors considered in hearing on petition for organization of district.

38-8-3. Factors considered in hearing on petition for organization of district.
In making the determination required by §38-8-4 and in defining the boundaries of a conservation district, the State Conservation Commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration, and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions to other conservation districts, already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative policy set forth in §38-7-1.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (2).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-4 - Determination of need for district--Establishment of boundaries.

38-8-4. Determination of need for district--Establishment of boundaries.
After a hearing pursuant to §38-8-2, if the State Conservation Commission shall determine upon the facts presented at such hearing and upon such other relevant facts and information as may be available that there is need, in the interest of public health, safety, and welfare, for a conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. The territory to be included within such boundaries need not be contiguous.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (2).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-5 - Determination of no need and denial of petition--Time for filing new petitions.

38-8-5. Determination of no need and denial of petition--Time for filing new petitions.
If the State Conservation Commission shall determine after a hearing pursuant to §38-8-2, after due consideration of the relevant facts mentioned in §38-8-3, that there is no need for a conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as provided by §38-8-1 and new hearings held and determinations made thereon.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (2).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-6 - Consideration of administrative practicability and feasibility of district.

38-8-6. Consideration of administrative practicability and feasibility of district.
After the State Conservation Commission has made and recorded a determination that there is need for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon conservation districts in this chapter is administratively practicable and feasible.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (3).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-7 - Referendum on creation of district--Form of ballot--Right to vote.

38-8-7. Referendum on creation of district--Form of ballot--Right to vote.
To assist the State Conservation Commission in the determination of the administrative practicability and feasibility of a conservation district, the commission shall hold a referendum within the proposed district upon the proposition of the creation of the district, and shall cause due notice of the referendum to be given. The question shall be submitted by ballot upon which the words "For creation of a conservation district of the lands below described and lying in the counties of __________ and __________" and "Against creation of a conservation district of the lands below described and lying in the counties of __________ and __________" shall be inserted, with a square before each proposition and a direction to insert a cross or check mark in the square before one or the other of said propositions as the voter may favor or oppose creation of the district. The ballot shall set forth the boundaries of the proposed district as determined by the commission. Any voter registered for the most recent general election within the boundaries of the territory, as determined by the commission, may vote in the referendum. The Division of Resource Conservation and Forestry shall certify the need for a referendum to the county auditors of the counties comprising the territory of the proposed district. The certification shall be provided before June first of the year in which the general election is to be held, to facilitate the election required by §38-8-15, and pursuant to the requirements of §38-8-39.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (3); SL 1994, ch 316, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-8 - Timing of referendum on creation of district.

38-8-8. Timing of referendum on creation of district.
The elections held under §38-8-7 shall be conducted at the next general election within the county or counties comprising the territory of the proposed conservation district.
Source:
SL 1959, ch 3, §7; SDC Supp 1960, §4.1507-1; SL 1994, ch 316, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-9 - Conduct of election on creation of district--Certification of results.

38-8-9. Conduct of election on creation of district--Certification of results.
The conduct of any election held under §38-8-7 shall be governed by the general election laws of South Dakota. The results of the election shall be certified to the State Conservation Commission by the county commission of each county in which the election is conducted.
Source:
SL 1959, ch 3, §7; SDC Supp 1960, §4.1507-1; SL 1986, ch 326, §9; SL 1994, ch 316, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-10 - Notices and conduct of hearings and referenda--Procedural regulations--Referendum not invalidated by informalities.

38-8-10. Notices and conduct of hearings and referenda--Procedural regulations--Referendum not invalidated by informalities.
The Division of Resource Conservation and Forestry shall issue the notices and conduct the hearings and referenda required by §38-8-2. No informalities in the conduct of the referendum or in any related matters may invalidate the referendum or the result of the referendum if notice of the referendum has been given substantially as provided in subdivision 38-7-2(5) and the referendum has been fairly conducted.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (4); SL 1986, ch 326, §10; SL 1994, ch 316, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-11 - Vote required to authorize creation of district--Extent of participation in voting required.

38-8-11. Vote required to authorize creation of district--Extent of participation in voting required.
The State Conservation Commission may not determine that the operation of a proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district are cast in favor of the creation of the district.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §4; SDC Supp 1960, §4.1507 (5); SL 1994, ch 316, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-12 - Publication of referendum results--Determination and recording of administrative practicability and feasibility.

38-8-12. Publication of referendum results--Determination and recording of administrative practicability and feasibility.
The Division of Resource Conservation and Forestry shall publish the result of such referendum and the State Conservation Commission shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the commission shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and the Division of Resource Conservation and Forestry shall proceed with the organization of the district in the manner provided in §§38-8-15 to 38-8-17, inclusive.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §4; SDC Supp 1960, §4.1507 (5).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-13 - Factors considered in determining administrative practicability and feasibility.

38-8-13. Factors considered in determining administrative practicability and feasibility.
In determining whether the operation of a proposed district is administratively practicable and feasible, the State Conservation Commission shall give due regard and weight to the attitudes of the occupiers of land lying within the defined boundaries, the probable expense of carrying on erosion control operations within the district and other relevant economic and social factors pursuant to the legislative policy set forth in §38-7-1.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §4; SDC Supp 1960, §4.1507 (5); SL 1994, ch 316, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-14 - Time for filing new petitions after denial of district.

38-8-14. Time for filing new petitions after denial of district.
After six months shall have expired from the date of entry of a determination by the State Conservation Commission that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to such determination, subsequent petitions may be filed as provided by §38-8-1, and action taken thereon in accordance with the provisions of this chapter.
Source:
SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (7).