25.489.21 100th Legislative Session 1157
2025 South Dakota Legislature
House Bill 1157
ENROLLED
AN ACT
ENTITLED An Act to amend the maximum fee limit due when applying for a county
drainage permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46A-10A-30 be AMENDED:
46A-10A-30. Any board or commission under the provisions of this chapter and
chapter 46A-11 may adopt a permit system for drainage. The permit system must be
prospective in nature and consistent with the principles outlined in § 46A-10A-20. The
nonrefundable fee for a permit must be:
(1) Established by the permitting authority;
(2) Based on the administrative costs of regulating drainage activities, may not exceed
five hundred dollars; and
(3) Paid only once, with the application, except that permitted drainage that is
enlarged, rerouted, or otherwise modified requires a new permit.
Any vested drainage right not recorded under the provisions of § 46A-10A-31
requires a permit for its use, if a permit system has been established in the county where
it exists.
Any person or the person's contractor draining water without a permit, if a permit
is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In
addition to or in lieu of any criminal penalty, a court may assess, against any person
violating the provisions of this section, a civil penalty not to exceed one thousand dollars
per each day of violation.
A permit system is an official control. 25.489.21 2 1157
HB1157 ENROLLED
An Act to amend the maximum fee limit due when applying for a county drainage permit.
I certify that the attached Act originated in
the:
House as Bill No. 1157
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1157
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