| 1 | 1 | | 25.484.11 100th Legislative Session 1156 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1156 |
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| 12 | 12 | | Introduced by: Representative Bathke |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to provide for the administrative approval of certain drainage applications 1 |
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| 17 | 17 | | by counties. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. That a NEW SECTION be added to chapter 46A-10A: 4 |
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| 20 | 20 | | A board or commission that has adopted a permit system pursuant to ยง 46A-10A-5 |
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| 21 | 21 | | 30 may designate a drainage administrator who has authority to grant or deny a permit 6 |
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| 22 | 22 | | application for a proposed drainage project that outlets: 7 |
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| 23 | 23 | | (1) Directly into a named creek or any natural waterway, as delineated on the most 8 |
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| 24 | 24 | | recently published United States Geological Survey 7.5-minute quadrangle map 9 |
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| 25 | 25 | | ornational map; 10 |
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| 26 | 26 | | (2) Directly into a permanent or intermittent stream, provided: 11 |
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| 27 | 27 | | (a) The stream is connected to a natural waterway, as delineated on the most 12 |
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| 28 | 28 | | recently published United States Geological Survey 7.5-minute quadrangle 13 |
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| 29 | 29 | | map or national map; and 14 |
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| 30 | 30 | | (b) The applicant obtains written approval from all affected landowners; 15 |
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| 31 | 31 | | (3) Directly or indirectly into a public or private road right-of-way, provided the 16 |
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| 32 | 32 | | applicant obtains: 17 |
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| 33 | 33 | | (a) Approval from the appropriate road authority to drain into the right-of-way; 18 |
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| 34 | 34 | | and 19 |
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| 35 | 35 | | (b) Written consent from all affected landowners; or 20 |
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| 36 | 36 | | (4) Into an unnamed waterway, or a waterway not delineated on a United States 21 |
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| 37 | 37 | | Geological Survey map, provided the applicant obtains written consent from all 22 |
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| 38 | 38 | | affected landowners. 23 |
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| 39 | 39 | | All other drainage permit applications must be addressed by the board or 24 |
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| 40 | 40 | | commission in accordance with the permit system. 25 25.484.11 2 1156 |
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| 41 | 41 | | Underscores indicate new language. |
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| 42 | 42 | | Overstrikes indicate deleted language. |
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| 43 | 43 | | For purposes of this section, an "affected landowner" is any upstream landowner 1 |
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| 44 | 44 | | within one-half mile above the proposed project, any downstream landowner within one 2 |
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| 45 | 45 | | mile below the proposed outlet of the project, or any landowner within one-quarter mile 3 |
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| 46 | 46 | | surrounding the edge of the project. 4 |
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