25.489.19 100th Legislative Session 1157
2025 South Dakota Legislature
House Bill 1157
HOUSE AGRICULTURE AND NATURAL RESOURCES ENGROSSED
Introduced by: Representative Bathke
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to remove the maximum fee limit due when applying for a county drainage 1
permit. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 46A-10A-30 be AMENDED: 4
46A-10A-30. Any board or commission under the provisions of this chapter and 5
chapter 46A-11 may adopt a permit system for drainage. The permit system shall must 6
be prospective in nature. Permits shall be granted and consistent with the principles 7
outlined in § 46A-10A-20. The nonrefundable fee for a permit shall be established must 8
be: 9
(1) Established by the permitting authority, based; 10
(2) Based on the administrative costs of regulating drainage activities, may not exceed 11
one five hundred dollars, and shall be paid; and 12
(3) Paid only once, with the application. However, except that permitted drainage that 13
is enlarged, rerouted, or otherwise modified requires a new permit. 14
Any vested drainage right not recorded under the provisions of § 46A-10A-31 15
requires a permit for its use, if a permit system has been established in the county where 16
it exists. 17
Any person or the person's contractor draining water without a permit, if a permit 18
is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In 19
addition to or in lieu of any criminal penalty, a court may assess, against any person 20
violating the provisions of this section, a civil penalty not to exceed one thousand dollars 21
per each day of violation. 22
A permit system is an official control. 23