25.484.11 100th Legislative Session 1156
2025 South Dakota Legislature
House Bill 1156
Introduced by: Representative Bathke
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to provide for the administrative approval of certain drainage applications 1
by counties. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 46A-10A: 4
A board or commission that has adopted a permit system pursuant to ยง 46A-10A-5
30 may designate a drainage administrator who has authority to grant or deny a permit 6
application for a proposed drainage project that outlets: 7
(1) Directly into a named creek or any natural waterway, as delineated on the most 8
recently published United States Geological Survey 7.5-minute quadrangle map 9
ornational map; 10
(2) Directly into a permanent or intermittent stream, provided: 11
(a) The stream is connected to a natural waterway, as delineated on the most 12
recently published United States Geological Survey 7.5-minute quadrangle 13
map or national map; and 14
(b) The applicant obtains written approval from all affected landowners; 15
(3) Directly or indirectly into a public or private road right-of-way, provided the 16
applicant obtains: 17
(a) Approval from the appropriate road authority to drain into the right-of-way; 18
and 19
(b) Written consent from all affected landowners; or 20
(4) Into an unnamed waterway, or a waterway not delineated on a United States 21
Geological Survey map, provided the applicant obtains written consent from all 22
affected landowners. 23
All other drainage permit applications must be addressed by the board or 24
commission in accordance with the permit system. 25 25.484.11 2 1156
Underscores indicate new language.
Overstrikes indicate deleted language.
For purposes of this section, an "affected landowner" is any upstream landowner 1
within one-half mile above the proposed project, any downstream landowner within one 2
mile below the proposed outlet of the project, or any landowner within one-quarter mile 3
surrounding the edge of the project. 4