25.204.24 100th Legislative Session 1021
2025 South Dakota Legislature
House Bill 1021
HOUSE AGRICULTURE AND NATURAL RESOURCES ENGROSSED
Introduced by: The Chair of the House Committee on Appropriations at the request of the Department of Agriculture
and Natural Resources
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to modify the annual fee for concentrated animal feeding operations and to 1
establish an application fee. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 34A-2: 4
In addition to any other tax or fee levied by law, there is hereby imposed on any 5
concentrated animal feeding operation or any operation that processes or stores manure 6
or process wastewater and is required to operate under a water pollution control permit 7
pursuant to § 34A-2-36.2 or 34A-2-36.3 an annual fee as provided for in this section and 8
section 2. 9
In the case of an operation with a water pollution control permit that includes a 10
nutrient management plan, other than a livestock auction, an operation located outside of 11
this state, or an operation located in Indian country, as defined in 40 C.F.R § 122.2 (April 12
21, 2020), the fee is based on the maximum permitted number of animals and is as 13
follows: 14
(1) $0.172 per mature dairy cow, milked or dry; 15
(2) $0.12 per other cattle or bison; 16
(3) $0.24 per horse; 17
(4) $0.012 per weaned swine less than fifty-five pounds; 18
(5) $0.048 per swine equal to or greater than fifty-five pounds; 19
(6) $0.012 per sheep or weaned lamb; 20
(7) $0.0022 per turkey; 21
(8) $0.0011 per chicken; and 22
(9) $0.004 per duck or goose. 23
Section 2. That a NEW SECTION be added to chapter 34A-2: 24 25.204.24 2 1021
Underscores indicate new language.
Overstrikes indicate deleted language.
The annual fee for a permitted livestock auction or an operation required to obtain 1
a water pollution control permit by § 34A-2-36.3 without a nutrient management plan is 2
one thousand dollars. 3
The annual fee for a permitted large concentrated animal feeding operation that is 4
located in another state or in Indian country and that stockpiles or applies unmanipulated 5
manure or process wastewater on land under the jurisdiction of this state, is two hundred 6
fifty dollars. 7
An annual fee required by sections 1 and 2 accrues on July first of each year. No 8
later than August first of each year, the Department of Agriculture and Natural Resources 9
shall submit a bill to each person obligated to pay the fee. The fee is due and payable no 10
later than September thirtieth and must be remitted to the department. 11
Section 3. That a NEW SECTION be added to chapter 34A-2: 12
The concentrated animal feeding operation administrative subfund is established 13
within the environment and natural resources fee fund, as created in § 1-41-23. 14
The subfund consists of moneys from public and private sources, including 15
legislative appropriations, federal grants, gifts, and fees received pursuant to sections 1, 16
2, and 4 of this Act. The Department of Agriculture and Natural Resources shall maintain 17
the subfund separately to defray expenses associated with administering the concentrated 18
animal feeding operation program. Expenditures from the subfund are appropriated by 19
the Legislature through the normal budget process. Unexpended funds and interest remain 20
in the subfund until appropriated by the Legislature. 21
Section 4. That a NEW SECTION be added to chapter 34A-2: 22
In addition to any other tax or fee levied by law, there is hereby imposed a water 23
pollution control permit application fee of six hundred dollars on an operation that is 24
required to obtain a water pollution control permit under § 34A-2-36.2 or 34A-2-36.3. The 25
fee is applicable for each submission to the Department of Agriculture and Natural 26
Resources of one or more of the following: 27
(1) An application for a new operation; 28
(2) An application to increase the maximum animal numbers at an operation; 29
(3) An application to increase the manure or process wastewater containment 30
structure volume at an operation; 31
(4) A second or any subsequent application, submitted in a calendar year, adding land 32
application fields to the permit of an operation; 33 25.204.24 3 1021
Underscores indicate new language.
Overstrikes indicate deleted language.
(5) An application submitted for an individual permit; or 1
(6) An application for coverage under a general permit submitted after July 1, 2027. 2
The fee does not apply to as-built plans. 3
The person filing the application for the water pollution control permit shall submit 4
the fee with the application. The department shall deposit the fee in the concentrated 5
animal feeding operation administrative subfund, as established in section 3 of this Act. 6
Section 5. That § 34A-2-125 be REPEALED. 7
In addition to any other tax or fee levied by law, and notwithstanding the provisions 8
of § 34A-2-117, there is hereby imposed an annual fee on all concentrated animal feeding 9
operations that are required to operate under a general or individual water pollution 10
control permit issued under chapter 34A-2 or required to obtain approval of plans and 11
specifications submitted after July 1, 1997, pursuant to § 34A-2-27. The fee is two 12
hundred fifty dollars for operations with two thousand or more animal units, one hundred 13
seventy-five dollars for operations with one thousand to one thousand nine hundred 14
ninety-nine animal units, and one hundred dollars for operations with less than one 15
thousand animal units. The obligation to pay the fee is on the person filing the application 16
for the water pollution control permit or the person required to obtain plans and 17
specifications approval and accrues on July first of each year. By August first of each year, 18
the Department of Agriculture and Natural Resources shall submit a billing to each person 19
obligated to pay the fee. The fee is due and payable by September thirtieth and shall be 20
remitted to the Department of Agriculture and Natural Resources. 21
There is hereby established in the environment and natural resources fee fund 22
established in § 1-41-23 the concentrated animal feeding operation administrative 23
subfund. The subfund consists of moneys from public and private sources including 24
legislative appropriations, federal grants, gifts, and fees received pursuant to this section. 25
The subfund shall be maintained separately and be administered by the Department of 26
Agriculture and Natural Resources in order to defray the expenses associated with 27
administering the concentrated animal feeding operation program. Expenditures from the 28
subfund shall be appropriated through the normal budget process. Unexpended funds and 29
interest shall remain in the subfund until appropriated by the Legislature. 30