25.204.25 100th Legislative Session 1021
2025 South Dakota Legislature
House Bill 1021
ENROLLED
AN ACT
ENTITLED An Act to modify the annual fee for concentrated animal feeding
operations and to establish an application fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 34A-2:
In addition to any other tax or fee levied by law, there is hereby imposed on any
concentrated animal feeding operation or any operation that processes or stores manure
or process wastewater and is required to operate under a water pollution control permit
pursuant to § 34A-2-36.2 or 34A-2-36.3 an annual fee as provided for in this section and
section 2.
In the case of an operation with a water pollution control permit that includes a
nutrient management plan, other than a livestock auction, an operation located outside of
this state, or an operation located in Indian country, as defined in 40 C.F.R § 122.2 (April
21, 2020), the fee is based on the maximum permitted number of animals and is as
follows:
(1) $0.172 per mature dairy cow, milked or dry;
(2) $0.12 per other cattle or bison;
(3) $0.24 per horse;
(4) $0.012 per weaned swine less than fifty-five pounds;
(5) $0.048 per swine equal to or greater than fifty-five pounds;
(6) $0.012 per sheep or weaned lamb;
(7) $0.0022 per turkey;
(8) $0.0011 per chicken; and
(9) $0.004 per duck or goose.
Section 2. That a NEW SECTION be added to chapter 34A-2: 25.204.25 2 1021
HB1021 ENROLLED
The annual fee for a permitted livestock auction or an operation required to obtain
a water pollution control permit by § 34A-2-36.3 without a nutrient management plan is
one thousand dollars.
The annual fee for a permitted large concentrated animal feeding operation that is
located in another state or in Indian country and that stockpiles or applies unmanipulated
manure or process wastewater on land under the jurisdiction of this state, is two hundred
fifty dollars.
An annual fee required by sections 1 and 2 of this Act accrues on July first of each
year. No later than August first of each year, the Department of Agriculture and Natural
Resources shall submit a bill to each person obligated to pay the fee. The fee is due and
payable no later than September thirtieth and must be remitted to the department.
Section 3. That a NEW SECTION be added to chapter 34A-2:
The concentrated animal feeding operation administrative subfund is established
within the environment and natural resources fee fund, as created in § 1-41-23.
The subfund consists of moneys from public and private sources, including
legislative appropriations, federal grants, gifts, and fees received pursuant to sections 1,
2, and 4 of this Act. The Department of Agriculture and Natural Resources shall maintain
the subfund separately to defray expenses associated with administering the concentrated
animal feeding operation program. Expenditures from the subfund are appropriated by
the Legislature through the normal budget process. Unexpended funds and interest remain
in the subfund until appropriated by the Legislature.
Section 4. That a NEW SECTION be added to chapter 34A-2:
In addition to any other tax or fee levied by law, there is hereby imposed a water
pollution control permit application fee of six hundred dollars on an operation that is
required to obtain a water pollution control permit under § 34A-2-36.2 or 34A-2-36.3. The
fee is applicable for each submission to the Department of Agriculture and Natural
Resources of one or more of the following:
(1) An application for a new operation;
(2) An application to increase the maximum animal numbers at an operation;
(3) An application to increase the manure or process wastewater containment
structure volume at an operation;
(4) A second or any subsequent application, submitted in a calendar year, adding land
application fields to the permit of an operation; 25.204.25 3 1021
HB1021 ENROLLED
(5) An application submitted for an individual permit; or
(6) An application for coverage under a general permit submitted after July 1, 2027.
The fee does not apply to as-built plans.
The person filing the application for the water pollution control permit shall submit
the fee with the application. The department shall deposit the fee in the concentrated
animal feeding operation administrative subfund, as established in section 3 of this Act.
Section 5. That § 34A-2-125 be REPEALED. 25.204.25 4 1021
HB1021 ENROLLED
An Act to modify the annual fee for concentrated animal feeding operations and to establish
an application fee.
I certify that the attached Act originated in
the:
House as Bill No. 1021
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1021
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State