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South Dakota House Bill HB1157

South Dakota 2025 Regular Session

South Dakota House Bill HB1157 Compare Versions

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1-25.489.21 100th Legislative Session 1157
1+25.489.20 100th Legislative Session 1157
22
33
44 2025 South Dakota Legislature
55 House Bill 1157
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to amend the maximum fee limit due when applying for a county
12-drainage permit.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 46A-10A-30 be AMENDED:
15-46A-10A-30. Any board or commission under the provisions of this chapter and
16-chapter 46A-11 may adopt a permit system for drainage. The permit system must be
17-prospective in nature and consistent with the principles outlined in § 46A-10A-20. The
18-nonrefundable fee for a permit must be:
19-(1) Established by the permitting authority;
20-(2) Based on the administrative costs of regulating drainage activities, may not exceed
21-five hundred dollars; and
22-(3) Paid only once, with the application, except that permitted drainage that is
23-enlarged, rerouted, or otherwise modified requires a new permit.
24-Any vested drainage right not recorded under the provisions of § 46A-10A-31
25-requires a permit for its use, if a permit system has been established in the county where
26-it exists.
27-Any person or the person's contractor draining water without a permit, if a permit
28-is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In
29-addition to or in lieu of any criminal penalty, a court may assess, against any person
30-violating the provisions of this section, a civil penalty not to exceed one thousand dollars
31-per each day of violation.
32-A permit system is an official control. 25.489.21 2 1157
33-HB1157 ENROLLED
34-An Act to amend the maximum fee limit due when applying for a county drainage permit.
35-
36-
37-
38-
39-I certify that the attached Act originated in
40-the:
41-
42-House as Bill No. 1157
43-
44-
45-
46-Chief Clerk
47-
48-
49-
50-
51-Speaker of the House
52-
53-Attest:
54-
55-
56-
57-
58-Chief Clerk
59-
60-
61-
62-
63-President of the Senate
64-
65-Attest:
6+HOUSE ENGROSSED
667
678
689
6910
7011
71-Secretary of the Senate
12+Introduced by: Representative Bathke
7213
73-
74-
75-House Bill No. 1157
76-File No. ____
77-Chapter No. ______
78-
79-
80-
81-Received at this Executive Office
82-this _____ day of _____________,
83-
84-2025 at ____________M.
85-
86-
87-
88-By
89-for the Governor
90-
91-
92-The attached Act is hereby
93-approved this ________ day of
94-______________, A.D., 2025
95-
96-
97-
98-
99-
100-Governor
101-
102-STATE OF SOUTH DAKOTA ,
103-ss.
104-Office of the Secretary of State
105-
106-
107-Filed ____________, 2025
108- at _________ o'clock __M.
109-
110-
111-
112-
113-
114-Secretary of State
115-
116-
117-
118-By
119-Asst. Secretary of State
120-
121-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to amend the maximum fee limit due when applying for a county drainage 1
17+permit. 2
18+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19+Section 1. That § 46A-10A-30 be AMENDED: 4
20+46A-10A-30. Any board or commission under the provisions of this chapter and 5
21+chapter 46A-11 may adopt a permit system for drainage. The permit system shall must 6
22+be prospective in nature. Permits shall be granted and consistent with the principles 7
23+outlined in § 46A-10A-20. The nonrefundable fee for a permit shall be established must 8
24+be: 9
25+(1) Established by the permitting authority, based; 10
26+(2) Based on the administrative costs of regulating drainage activities, may not exceed 11
27+one five hundred dollars, and shall be paid; and 12
28+(3) Paid only once, with the application. However, except that permitted drainage that 13
29+is enlarged, rerouted, or otherwise modified requires a new permit. 14
30+Any vested drainage right not recorded under the provisions of § 46A-10A-31 15
31+requires a permit for its use, if a permit system has been established in the county where 16
32+it exists. 17
33+Any person or the person's contractor draining water without a permit, if a permit 18
34+is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In 19
35+addition to or in lieu of any criminal penalty, a court may assess, against any person 20
36+violating the provisions of this section, a civil penalty not to exceed one thousand dollars 21
37+per each day of violation. 22
38+A permit system is an official control. 23